Re:Oracle Wins Revival of Billion-Dollar Case Against Google
by hcknwscommenter on Wednesday March 28, 2018 @01:06AM
(#16695441)
> That Federal Circuit decision has not been reviewed by the Supreme Court, does not establish binding precedent outside the context of this case,
The Supreme Court need not weigh in in order to make the law what it is.
Re:Oracle Wins Revival of Billion-Dollar Case Against Google
by girvo on Wednesday March 28, 2018 @09:15AM
(#16697403)
Sure. Honest question: is it law now? As of March 2018? What need to happen for API copyright to become law, if the answer to that is “not yet”?
That Federal Circuit decision has not been reviewed by the Supreme Court, does not establish binding precedent outside the context of this case, and is widely seen by outsiders as being in error for not matching what the Ninth Circuit would have ruled.
It is incorrect to make any categorical statement that APIs are copyrightable. That question is still pending. All that's been settled is that this one case is being conducted under the assumption that APIs are copyrightable, until such time as the Supreme Court decides to review this issue.