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Google’s copying of the Java SE API was fair use [pdf]

supremecourt.gov

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Re: Google’s copying of the Java SE API was fair use [pdf]

#161
The interesting question is how broad this fair use ruling is. According to the Supreme Court's other fair use cases, fair use is highly fact-specific and therefore case-specific.

What kinds of actions and motivations by Google could have led to a determination that the use was not fair?

Or is Embrace/Extend/Extinguish as practiced by the big tech companies now always protected by fair use?

Re: Google’s copying of the Java SE API was fair use [pdf]

#164

Had the ruling gone in Oracle's favor I can imagine some greedy company trying to procedurally-generate every API and copyright them all similar to this project which tried to copyright all musical melodies: https://www.independent.co.uk/life-style/gadgets-and-tech/ne... In the case of the music project, it was for the protection of the community, but I can imagine such a system being used selfishly for software APIs…

Can you copyright generated things? You probably could copyright the way you're generating it, but I doubt you have a legal standing about the generated text or melody itself.

I am not a lawyer, but I don't see why not.

Have you ever used code generation as part of software you have built?

Is there any reason why generated code could not be copyrighted as part of a larger system?

For example, suppose I define a data model for a public-facing API and then generate SDKs in various popular programming languages to interact with the public-facing API.

If I were a major corporation that owned such a public-facing API, then I would expect that the generated SDKs would carry the major corporation's copyright.

edit: Another example of generated code would be the code generated by lexer analyzer generator and parser generator tools such as lex (https://en.wikipedia.org/wiki/Lex_(software)), flex (https://en.wikipedia.org/wiki/Flex_(lexical_analyser_generat...), YACC (https://en.wikipedia.org/wiki/Berkeley_Yacc), and bison (https://en.wikipedia.org/wiki/GNU_Bison).

If you create commercial software that includes YACC-generated code, wouldn't the generated code be copyrightable?

Re: Google’s copying of the Java SE API was fair use [pdf]

#165

This is one of the most important legal decisions in the history of software. The US Supreme Court has basically just saved the whole software industry (and FOSS projects) from being wrecked by patent trolls.

Why? It wasn’t about whether APIs are under copyright (they are), but whether this particular case constitutes fair use. I think the effect of this decision was way overblown.

Re: Google’s copying of the Java SE API was fair use [pdf]

#166

Page 44 has Thomas’s dissent with Alito concurring. Worth a read as well, even just to see the opposing arguments.

Designing an API is a creative work not unlike that of an architect, I see the merit in the dissent pointing out, e.g "there may have been only one way for Google to copy the lines of declaring code, but there were innumerable ways for Oracle to write them. Certainly, Apple and Microsoft managed to create their own declaring code."

Re: Google’s copying of the Java SE API was fair use [pdf]

#167

Earlier quoted context omitted.

Yes. There is no appellate court above the Supreme Court. The only way things could change now is if Congress/President passed a new law, and I don’t think API copyrights are near the top of the list.

> There is no appellate court above the Supreme Court. That is true. > The only way things could change now is if Congress/President passed a new law That isn't true at all; the Supreme Court is free to change the law by itself. Someone could sue over the same question and get a different result overruling this one.

Suing over the same question wouldn't get very far. The best approach would be suing over a closely related question. See coomoo728's analogy to Roe v. Wade: https://news.ycombinator.com/item?id=26699621

Re: Google’s copying of the Java SE API was fair use [pdf]

#168

This has impact beyond APIs. The Supreme Court says copying User Interface is fair use. Excerpts: The nature of the work at issue favors fair use. The copied lines of code are part of a “user interface” that provides a way for programmers to access prewritten computer code through the use of simple commands. As a result, this code is different from many other types of code, such as the code that actually instructs th…

You're reading too much into that. The user in this case is the programmer using the API, or even the code that uses the API. It's doesn't generalize to end user interfaces.

Re: Google’s copying of the Java SE API was fair use [pdf]

#170

Earlier quoted context omitted.

This argument is hard to swallow: > declaring code would satisfy the general test for copyrightability.. they are expressed in “words, numbers, or other verbal or numerical symbols It is common knowledge that mathematical formulae & equations, which are also expressed in words, numbers, and symbols, do not have copyright protection. > Copyright protection is therefore not available for... mathematical principles; for…

This is not a persuasive argument because, by your logic, function implementations are also mathematical formulas and everyone agrees that they are copyrightable.

No, definitely not. Computer code is not a formula.

A formula is an idea. It describes the nature of something computable. It does not explain how to compute.

For example: https://en.wikipedia.org/wiki/Euclidean_algorithm

The programmer must understand the formula in order to write computer code that implements it. The result is a creative/expressive work which is copyrightable.

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