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Google Java Oracle Programming The Courts

SCOTUS Denies Google's Request To Appeal Oracle API Case 181

New submitter Neil_Brown writes: The Supreme Court of the United States has today denied Google's request to appeal against the Court of Appeals for the Federal Circuit's ruling (PDF) that the structure, sequence and organization of 37 of Oracle's APIs (application program interfaces) was capable of copyright protection. The case is not over, as Google can now seek to argue that, despite the APIs being restricted by copyright, its handling amounts to "fair use". Professor Pamela Samuelson has previously commented (PDF) on the implications if SCOTUS declined to hear the appeal. The Verge reports: "A district court ruled in Google's favor back in 2012, calling the API "a utilitarian and functional set of symbols" that couldn't be tied up by copyrights. Last May, a federal appeals court overturned that ruling by calling the Java API copyrightable. However, the court said that Google could still have lawfully used the APIs under fair use, sending the case back to a lower court to argue the issue. That's where Google will have to go next, now that the Supreme Court has declined to hear the issue over copyright itself.
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SCOTUS Denies Google's Request To Appeal Oracle API Case

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  • by Anonymous Coward

    If APIs are copyrightable then all instances of API use will be by permission. Decades of software innovation extinguished in one court ruling.

  • hold on, if Google loses this case, what would the effect be on the free software foundation ? they are always copying APIs. that is their modus operandi. with the FSF have to embark on many new projects that are original instead of imitative?
    • by Anonymous Coward

      Well, Stallman helped to _found_ the POSIX committee. It's not surprising that the POSIX/SUS specification explicitly allows free use of the specification to define and implement standards for public and private use.

      As for other standards, yes, this obviously throws a wrench into the works. But people were warning users away from Java from day 1, arguing precisely this outcome. GCJ and similar projects were always gambles. This case should surprise nobody in the FSF who actually understands copyright law, r

      • by faway ( 4112407 )
        I would really like to see table or spreadsheet somewhere, where on one side there are all the free and open APIs and on the other side there are all the closed or at risk APIs..
    • by Xest ( 935314 )

      It's not even about being imitative, it's about interoperability. This basically would put a ban on software that can interoperate with software from companies that want to try and maintain a closed ecosystem.

      I can't see European or Asian courts backing any such judgement, so this would basically hand over the reigns for leading the technology world to Europe or Asia, as America would be stuck with closed ecosystem non-interoperable software, and the rest of the world would be able to just get on with it an

  • Everyone who's ever typed:

    int main(int argc, char* argv[])

    Better get their check books out and start sending royalties to Dennis Ritchie and/or AT&T.

    • by tepples ( 727027 ) <tepplesNO@SPAMgmail.com> on Monday June 29, 2015 @05:44PM (#50014875) Homepage Journal

      The C++ standard library is already licensed to the public through ISO, as are the POSIX APIs through IEEE.

      • by reg ( 5428 )

        The problem is not how they are licensed (public, open source, whatever). What Oracle claim is that their copyright precludes unlicensed copies - so IEEE could require "posix certification" for all libraries implementing the POSIX API, so they could prevent glibc or any other "libc" from being distributed. That might not be a huge risk for POSIX, because of the IEEE involvement, but there are a lot of APIs out there.

        Regards,
            -Jeremy

      • by Agripa ( 139780 )

        Were they licensed by whoever owns the copyright?

        • by tepples ( 727027 )

          Copyright in each of these specifications was assigned to the corresponding standards organization.

One man's constant is another man's variable. -- A.J. Perlis

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