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> commentary as to what constitutes a derivative work under copyright law That's part of my point actually. The question of API copyrightability in the Java ca
by hnfong 5y ago
> commentary as to what constitutes a derivative work under copyright law
That's part of my point actually. The question of API copyrightability in the Java case has a lot to do with whether copying APIs/ABIs in the code (whether from headers or binary symbol tables) is copyright infringement.
That said, it's unfortunately true that the conclusion is far from clear. (Sidenote -- given that the Supreme Court dodged the question, does it mean that the Court of Appeals decisions still hold? [I'm not familiar with the US legal system])
- butlerm 5y agoThe Supreme Court conclusively established that Google's use of the APIs was fair use under copyright law, so they did not need to reach the underlying question. I believe it would be safe to conclude that API descriptions such as header files are protected by copyright even in their essentials, that fair use is necessary to reproduce them without a license, and that Congress would need to act to create a more reliable exemption for that sort of thing. Court of Appeals decisions are only binding precedents within the corresponding regions, but they generally have persuasive force throughout the country until and unless the Supreme Court overrules them.
- hnfong 5y agoPretty sure the way they teach law students is to first determine whether a work is covered by copyright before going on to fair use... :D But then, it's the Supreme Court so nobody's gonna fail their papers...