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As a matter of public policy, I agree that the specification should not receive protection, but under the law as written by Congress, it does. Thomas's dissent
by ccleve 6y ago
As a matter of public policy, I agree that the specification should not receive protection, but under the law as written by Congress, it does. Thomas's dissent is correct.
My comment is about process, not policy.
- monocasa 6y agoUnder the law, they do not receive protection. See Baker v. Selden, which despite it's age is still good law. https://en.wikipedia.org/wiki/Baker_v._Selden https://en.wikipedia.org/wiki/Baker_v._Selden
- ccleve 6y agoNo. Baker v. Selden does not settle the question of APIs and fair use. That is why the Google v Oracle case made it to the Supreme Court.
- monocasa 6y agoIt does say that the facts of a traditional print formatting specification (ie. the specific subtopic we're talking about) is not granted copyright protections.