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Last May Judge Alsup ruled that APIs are not copyrightable. Oracle was left flat on its face, even handing over $1m to Google at the conclusion of the case they had claimed would end with their own pockets being well lined. Feeling somewhat put out by this result, Oracle decided to appeal the decision on the Federal Circuit.
The case has been well covered. Almost everybody with a working understanding of the case is in agreement with the ruling. If APIs were copyrightable the software industry would be transformed in a very negative way, stifling innovation.
A number of amicus briefs have been submitted to the proceedings to make these views known, including one from the EFF, to which Meshed Insights’ Simon Phipps is a signatory. The message of the brief is clear; Oracle should not be pursuing this. Alsup’s ruling accurately reflects both industry and legal perspectives on the case.