[License-discuss] Google wins

dmg dmg at turingmachine.org
Mon Apr 5 18:28:21 UTC 2021


the opinion is here:

https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf

Regarding the fact that the question of copyrightability of APIs was not
addressed, Thomas makes, in his dissent (joined by Alito), the following
statement

"The Court inexplicably declines to address copyrightabil-
ity. Its sole stated reason is that “technological, economic,
and business-related circumstances” are “rapidly chang-
ing.” Ante, at 15. That, of course, has been a constant
where computers are concerned.
  Rather than address this principal question, the Court
simply assumes that declaring code is protected and then
concludes that every fair-use factor favors Google."

and

"The majority purports to save for another day the ques-
tion whether declaring code is copyrightable."


On Mon, Apr 5, 2021 at 10:29 AM Lawrence Rosen <lrosen at rosenlaw.com> wrote:

> Google just won against Oracle in the dispute over Java code. The main
> argument was that APIs are “fair use.” /Larry
>
>
>
> Lawrence Rosen
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-- 
--dmg

---
D M German
http://turingmachine.org
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