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Slashdot: Top Oracle Lawyer Attempting To Gaslight Entire Software Community: Insists APIs Are Executable

Top Oracle Lawyer Attempting To Gaslight Entire Software Community: Insists APIs Are Executable
Published on October 01, 2019 at 12:30AM
Mike Masnick, reporting for TechDirt: Last week, the Solicitor General of the White House weighed in on Google's request for the Supreme Court to overturn the Federal Circuit's ridiculously confused ruling in the Oracle/Google case concerning the copyrightability of APIs (and whether or not repurposing them is fair use). Not surprisingly, as the Solicitor General has been siding with Oracle all along, it suggests that the Supreme Court not hear the case. Of course, it does so by completely misrepresenting what's at stake in the case -- pretending that this is about whether or not software source code is copyright-eligible:"This case concerns the copyrightability of computer code. To induce a computer to perform a function, a person must give the computer written instructions. Typically, those instructions are written in 'source code,' which consists of words, numbers, and symbols in a particular 'programming language,' which has its own syntax and semantics. The source code is then converted into binary 'object code' -- ones and zeros -- that is readable by the computer. It is both 'firmly established' and undisputed in this case that computer code can be copyrightable as a 'literary work[].' 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright & 2A.10[B] (2019). Section 101 defines a 'computer program' as 'a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.' 17 U.S.C. 101. And various Copyright Act provisions recognize that a person may own a copyright in a 'computer program.'" Masnick adds: Except... that's not what this case is about. Even remotely. Literally no one denies that software source code is subject to copyright. The question is whether or not an Application Programming Interface -- an API -- is subject to copyright.

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