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Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

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Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#3
Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this.

We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#4
post #2

Map makers should just copyright the lines that represent the borders of states, counties, and cities. Heck, copyright lines, points, and legends too.

Who says they don't?

http://www.esri.com/legal/redistribution-rights

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#5
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

>Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

This could be egregiously abused without too much cleverness.

"Oh, you're self employed in software? No jury duty for you." "Oh, you don't work for GE, the only company approved by the 'What Counts As Corporate Software' board? No jury duty for you."

One must be very careful advocating for the creation of special courts. History is rife with examples of these being particularly corrupt and deplorable.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#6
post #5
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

>Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate). This could be egregiously abused without too much cleverness. "Oh, you're self employed in software? No jury duty for you." "Oh, you don't work for GE, the only company approved by the 'What Counts As Corporate Software' board? No jury duty for you." One must be very careful…

You might be right. But our current system is already egregiously abused with minimal cleverness.

One can predict with high accuracy a SC Justice's vote on most cases based on the political party of the president who appointed him/her.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#8
post #6
post #5

Earlier quoted context omitted.

>Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate). This could be egregiously abused without too much cleverness. "Oh, you're self employed in software? No jury duty for you." "Oh, you don't work for GE, the only company approved by the 'What Counts As Corporate Software' board? No jury duty for you." One must be very careful…

You might be right. But our current system is already egregiously abused with minimal cleverness. One can predict with high accuracy a SC Justice's vote on most cases based on the political party of the president who appointed him/her.

Overall it seems to self-correct which sometimes takes decades. While flawed, it is pretty good.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#9
Maybe someone should look up the stated reason for awarding a Copyright in the first place.

Isn't it to "Promote the Progress of Science and the useful Arts?"

http://en.m.wikipedia.org/wiki/Copyright_Clause

In this case it would seem that in fast-moving industries, monopolies would retard, rather than promote, the progress. Especially seeing as how copyright can be extended to 100 years or more after the author's death, here the author being a corporation?

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#10
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

The problem is not with the legal system, it's with the lawmaking system. Bad laws produce bad lawsuits which produce bad rulings. The fundamental problem here is IP legislation, and how poorly it was written. Or maybe the problem is one level deeper, and it's actually with the electoral system and how it selects for inadequate lawmakers.
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