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Re:Google’s copying of the Java SE API was fair use [pdf] by chasil on Monday April 05, 2021 @01:28PM (#26701884)
Had Justice Thomas' opinion prevailed, most everything within POSIX was originally copyright by AT&T USL as part of System V, and would be owned by the current holders of that intellectual property.

Anyone using fork(), stat(), open(), or other basic parts of the UNIX development environment would be in violation.

Those copyrights were purchased by Novell at some point, and I believe ended up with Attachmate.

One would think that the C Programming Language is also covered by copyright via the K&R books, which would put anyone using printf() in the same position.

That is truly a nightmare scenario.

Re:Google’s copying of the Java SE API was fair use [pdf] by guscost on Monday April 05, 2021 @01:54PM (#26702217)
> That is truly a nightmare scenario.

Absolutely, but courts are supposed to interpret the law, not rule whichever way avoids nightmare scenarios.

The risk of going too far in that direction (and this is by no means the first case in which SCOTUS c̶l̶e̶a̶r̶l̶y̶ may have rationalized a decision for pragmatic reasons) is that it makes the court more corruptible. I am glad the majority ruled this way, because I agree that it leads to a better outcome in this case. On the other hand, any departure from a pure interpretation of the law is very dangerous, because it normalizes the more-corruptible mode of operation, and that can lead to another kind of "nightmare scenario".

Re:Google’s copying of the Java SE API was fair use [pdf] by matthewdgreen on Monday April 05, 2021 @02:28PM (#26702698)
> On the other hand, any departure from a pure interpretation of the law is very dangerous

You should read the law in question. This would be Section 107 of the Copyright Act, which defines "fair use". It's extremely vague and is best interpreted as a set of considerations that the courts should take into account so that they can handle situations like this one on a case by case basis. If Congress wanted to be more prescriptive, they could (ETA: and if they become unhappy with the courts' decisions they still can in the future), but I think that would lead to worse outcomes.

Re:Google’s copying of the Java SE API was fair use [pdf] by guscost on Monday April 05, 2021 @02:42PM (#26702856)
Makes sense, and I am definitely not an expert on fair use. I'll cross out "clearly" in my aside above.

I was really just responding to the implication that SCOTUS did the right thing because "it would be a nightmare scenario" otherwise.

Re:Google’s copying of the Java SE API was fair use [pdf] by bonzini on Monday April 05, 2021 @02:32PM (#26702741)
> courts are supposed to interpret the law

The law also states that copyright's purpose is to stimulate progress of the arts, and that's why fair use is possible. Interpreting the law also means establishing the limits of fair use.

Re:Google’s copying of the Java SE API was fair use [pdf] by dragonwriter on Tuesday April 06, 2021 @10:47PM (#26720050)
No, fair use is possible because of the First Amendment. While it is now adopted in statute, the statute was codifying a Constitutional limit that courts previously found in copyright protection grounded in the First Amendment, not the Copyright Clause.

But, still, yes, determining the scope and applicability of fair use is part of applying the law.

Re:Google’s copying of the Java SE API was fair use [pdf] by bonzini on Wednesday April 07, 2021 @10:04AM (#26725134)
Ah, I had heard of the first amendment thing but I thought it was why government work must be in the public domain (i.e. putting it under copyright would prevent reproduction and therefore infringe first amendment rights).
Re:Google’s copying of the Java SE API was fair use [pdf] by guscost on Monday April 05, 2021 @02:42PM (#26702863)
Good point.
Re:Google’s copying of the Java SE API was fair use [pdf] by sn_master on Monday April 05, 2021 @02:12PM (#26702454)
If it reaches SCOTUS, it means the law is already ambiguous the way its written and that no one interpretation is obviously the correct one.
Re:Google’s copying of the Java SE API was fair use [pdf] by guscost on Monday April 05, 2021 @02:13PM (#26702470)
You would certainly hope so, but that logic just passes the responsibility to interpret law faithfully onto the lower courts, which are also perhaps more easily corrupted.