[Info-vax] OT: Oracle vs. Google re: Java
Arne Vajhøj
arne at vajhoej.dk
Wed Jun 1 22:51:50 EDT 2016
On 6/1/2016 7:13 AM, lawrencedo99 at gmail.com wrote:
> On Tuesday, May 31, 2016 at 1:18:37 PM UTC+12, Arne Vajhøj wrote:
>> The general consensus of the US court system is that API's are
>> copyrighted. That was the decision by the appeal court.
>
> No, that was *not* the general consensus of the US court system. It
> was specifically a decision of the IP-happy CAFC. Which was only
> handling the appeal because the original case had a patent claim in
> it (which was thrown out fairly early).
>
> Other appeal courts would very likely have decided differently.
That appeal court is the highest court that has made a decision
on the topic.
The party "losing" in that decision (Google) accepted the decision
and switched argument to fair use.
The lower court based its proceedings on the decision.
That are the facts.
You can always speculate that other courts may have come to other
conclusions. And you are free to speculate all you want.
But the precedence has been established.
Arne
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