[License-discuss] Copyright on APIs

[VanL]

Regarding SAS v WPL: This is good, suggestive case law for the point at
issue, but I don't think it is dispositive. It clearly protects reverse
engineering a file format or programming system. But this is the part that
I am still nervous about:

The CJEU pointed out that if a third party procured the part of the source
> or object code of the program relating to the format of data files and used
> it to create similar elements in its own program, copyright may subsist in
> that part of the code (with the implication that there is a risk of
> copyright infringement in that code).  In the UK High Court there was
> insufficient evidence to demonstrate that WPL had access to the SAS source
> code to decompile it.
>

In an open source case, it would look more like Oracle v. Google: there
would be access to the source code and possible direct copying. The CJEU
made clear that was a distinguishable point.

Thanks,
Van
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