[License-discuss] Copyright on APIs

[Bruce Perens]

On Tue, Jul 2, 2019 at 10:32 AM VanL <van.lindberg at gmail.com> wrote:

> Let's assume for a moment that 1) APIs are copyrightable, and 2) I have an
> "expressive" API (for whatever value of "expressive" you choose). If I
> write a reimplementation that copies the "expressive" elements from your
> API, are you arguing that I have *not* created a derivative work?
>

No, because any re-implementation of an API is constrained by an outside
influence, the requirement to be compatible with the original API, and thus
is entirely functional and not subject to copyright. Art may go into the
original creation of the API according to some court. How an API
implementation and re-implementation interact in copyright terms is fertile
territory for lawyers to argue about.

    Thanks

    Bruce
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