Re:Supreme Court to Hear Google-Oracle Copyright Fight
by Spivak on Friday November 15, 2019 @10:56PM
(#21550913)
I don’t disagree at all, but the question isn’t “are there pieces of existing software that run on both” but “is that the reason that Google copied the API or is it a side effect?”
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Re:Supreme Court to Hear Google-Oracle Copyright Fight
by gpm on Friday November 15, 2019 @11:16PM
(#21550983)
I'd argue that that is the wrong question, motive doesn't come into play in this law (specifically: The merger doctrine). You should rather be asking the hypothetical version. If someone tried to make a second system that could run the software, would they have had to copy the API? If so the API is not copyrightable.