The US Supreme Court overturned a federal decision on Monday that had found Google infringed Oracle’s copyright by including elements of their Java application programming interface (API) in Android OS. The highest court ruled 6-2 that APIs are a narrow category of software to be treated differently from other software (protected more broadly by fair use), and “inherently bound together with uncopyrightable ideas … and the creation of new creative expression …”
In the early days of computer software, programs were not initially covered by copyright, and the dissent in this decision brings up the tensions and difficulties in distinguishing between software implementation and mere declaration. Keep an eye out for my presentation on how changing trends, uses, and objectives in software IP give us a glimpse into problematic and unexpected extensions of its power.
https://www.theverge.com/2021/4/5/22367851/google-oracle-supreme-court-ruling-java-android-api
Communications Law