[License-discuss] Copyright on APIs

[VanL]

On Tue, Jul 2, 2019 at 1:32 PM Richard Fontana <rfontana at redhat.com> wrote:

> On Tue, Jul 2, 2019 at 2:19 PM VanL <van.lindberg at gmail.com> wrote:
>
> > On Tue, Jul 2, 2019 at 1:05 PM Richard Fontana <rfontana at redhat.com>
> wrote:
> >>
> >> I believe one could reasonably argue that a reimplementation of an API
> >> (necessarily copying the supposed expressive elements of the API) does
> >> not fit this definition (even if it would fit the folk notion of
> >> derivative work that the free software/open source community largely
> >> seems to subscribe to).
> >
> >
> > Quick clarification:
> >
> > Did you mean that "one could reasonably argue that a reimplementation...
> fits this definition" but that the folk notion rejects it?
>
> No.
>
> > Or did you mean that a reimplementation does not fit this definition"
> (as you wrote it) but that the folk notion accepts that a reimplementation
> is a derivative work?
>
> Sort of: I can see how the folk notion of derivative work (which
> evolved under the assumption that APIs were not copyrightable, largely
> by people opposed to copyrightability of software interfaces as a
> policy matter) could lead one to the conclusion that the
> reimplementation of an API is a derivative work of the API. Though I
> haven't really seen any indication that anyone subscribing to that
> folk notion is actually seriously concerned about this being a
> consequence of _Oracle v. Google_.
>


Thank you. FWIW, my sense would have been opposite: The language allows the
interpretation that reimplementation of APIs created a derivative work, but
the folk notion was that APIs were excluded. The folk notion was also
broadly accepted by legal folks because there was 102(b) that they could
point to as excluding APIs. It was due to the violation of the folk notion
that OvG is such a big deal.

Thanks,
Van
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