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January 14, 2020 01:30 am

EFF Files Amicus Brief In Google v. Oracle, Arguing APIs Are Not Copyrightable

Areyoukiddingme writes: EFF has filed an amicus brief with the U.S. Supreme Court in Google v. Oracle, arguing that APIs are not copyrightable. From the press release: "The Electronic Frontier Foundation (EFF) today asked the U.S. Supreme Court to rule that functional aspects of Oracle's Java programming language are not copyrightable, and even if they were, employing them to create new computer code falls under fair use protections. The court is reviewing a long-running lawsuit Oracle filed against Google, which claimed that Google's use of certain Java application programming interfaces (APIs) in its Android operating system violated Oracle's copyrights. The case has far-reaching implications for innovation in software development, competition, and interoperability. In a brief filed today, EFF argues that the Federal Circuit, in ruling APIs were copyrightable, ignored clear and specific language in the copyright statute that excludes copyright protection for procedures, processes, and methods of operation. 'Instead of following the law, the Federal Circuit decided to rewrite it to eliminate almost all the exclusions from copyright protection that Congress put in the statute,' said EFF Legal Director Corynne McSherry. 'APIs are not copyrightable. The Federal Circuit's ruling has created a dangerous precedent that will encourage more lawsuits and make innovative software development prohibitively expensive. Fortunately, the Supreme Court can and should fix this mess.'" Oral arguments before the U.S. Supreme Court are scheduled for March 2020, and a decision by June.

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