News for hackers. Stuff that matters.

A comment on Google’s copying of the Java SE API was fair use [pdf]. Parent comment

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.

[ Parent | on HN ]
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).
[ Parent | on HN ]