Re:Oracle Wins Revival of Billion-Dollar Case Against Google
by hcknwscommenter on Wednesday March 28, 2018 @01:09AM
(#16695460)
Clean room reimplimentation is not considered a derivative work. Derivative works requires actually copying (and then derivatizing).
Re:Oracle Wins Revival of Billion-Dollar Case Against Google
by wtallis on Wednesday March 28, 2018 @03:45AM
(#16696133)
> Derivative works requires actually copying
No literal copying of text is required for something to be a derivative work. Transforming a work implementing an API into documentation describing the API would produce a derivative work of that API, if the API is protected by copyright. Transforming that documentation of the API into another implementation of that API would also produce another derived work of the API.
The Copyright Act, however, is; if APIs are protected by copyright, than making a derivative work of an API is an exclusive right of the copyright owner.
Which is a key reason why there is widespread concern about the CAFCs ruling on API copyright. (OTOH, Google losing on fair use at the CAFC makes it more likely that the API copyright issue gets to the Supreme Court in this case rather than a later one, so it might be a good thing for resolving that concern.)