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Re:Supreme Court to Hear Google-Oracle Copyright Fight by wtallis on Friday November 15, 2019 @10:17PM (#21550765)
> If you support the idea that APIs can’t be copyrighted, and ignoring the evilness of Oracle and Google, what’s your reasoning?

The reasoning is quite simple and obvious: We have long-standing statutory and case law that defines specifically what is or isn't eligible for copyright protection, or patents, or trademarks. Your gut feelings about whether your API deserves protection because of how much effort you put into it are completely irrelevant to that legal framework.

Re:Supreme Court to Hear Google-Oracle Copyright Fight by Spivak on Friday November 15, 2019 @10:27PM (#21550803)
Seems like circular reasoning to say that the things that can be copyrighted are the things that we have agreed can be copyrighted. Seems like if the courts decide that APIs are copyrightable then you would be fine with it since it would be part of that case law.

There was a time when software didn’t have copyright protection. Somebody had to make the first move.

Re:Supreme Court to Hear Google-Oracle Copyright Fight by wtallis on Friday November 15, 2019 @10:36PM (#21550834)
It's not circular reasoning. The flow is clear: the Constitution gives Congress the power to make copyright law, Congress passed laws doing so, and the courts work out the details at the margins for stuff Congress didn't make explicit. Software is very much explicitly mentioned by the copyright laws that have been passed by Congress, so there's no reasonable doubt about the legal foundation there. API copyright isn't explicitly supported by statutory law, so for the courts to affirm API copyright on their own, they need to provide a convincing derivation of its existence as implicitly covered by existing statute. I doubt they can do so, and they obviously cannot do so without overturning a lot of previous precedent.

And all of the above is about the legal, technical questions about what the law is. The public policy question of what the law should be is a different matter entirely, and opinions about that generally should be addressed to Congress, not the Supreme Court.

Re:Supreme Court to Hear Google-Oracle Copyright Fight by hannasanarion on Friday November 15, 2019 @11:07PM (#21550944)
APIs are functional, not artistic. They belong in the domain of patent law, not copyright.
Re:Supreme Court to Hear Google-Oracle Copyright Fight by speedplane on Saturday November 16, 2019 @05:40AM (#21551979)
> APIs are functional, not artistic. They belong in the domain of patent law, not copyright.

I think you're mixing up different types of intellectual property:

- Trademarks are intended to identify a source. Trademarks cannot be functional, they have to be descriptive.

- Copyright must express a creative idea. That idea can be artistic, or functional. Computer code and APIs can be copyrighted (as they most often are), but they can also be patented.

- Patents cover inventions with some utility. One can definitely patent a piece of art if it provides some utility.

It's not uncommon for companies to throw all three at whatever they are cooking up.

Re:Supreme Court to Hear Google-Oracle Copyright Fight by mongol on Saturday November 16, 2019 @05:31AM (#21551963)
Copyright does not only cover artistic works. APIs are a form of contracts and contracts are copyrightable.
Re:Supreme Court to Hear Google-Oracle Copyright Fight by monocasa on Saturday November 16, 2019 @12:12PM (#21553661)
APIs aren't a type of contract in the legal sense.