I didn't quite understand your post but I will try to clarify what I said
anyway.
There seems to be no clear and consistent case law answering the
question: "can APIs be protected by copyright?"
In his ruling, Judge
Alsup did an excellent job collecting all the pertinent rulings from all the
circuits. IMO he made a clear case for why APIs should not be protected by
copyright. He specifically said he collected all this information in his ruling
to make the job of the higher courts easier. Both parties are extremely well
funded and they seem intent on appealing this as far as they can.
I think
the reason we have no clear and recent case law on this subject is because
almost everyone assumed APIs could not be copyrighted so there were no recent
law suits (except this one) where the issue came up.
--- Our job is
to remind ourselves that there are more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay [ Reply to This | Parent | # ]
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