decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Page is broken | 287 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
EU Court decision: API's are NOT Copyrigtable
Authored by: scav on Wednesday, May 02 2012 @ 08:39 AM EDT
Cool. If Oracle prevail on their crazy API theory, US
technology companies have somewhere to go. Scotland is very
nice this time of year (Only kidding - of course it isn't).

As an aside, does this mean that all European use of and
development work on Android must be removed from the damages
calculation, since it is legal for Europeans to do what
Oracle think should be forbidden to US citizens? (Oh why do
Oracle hate America so much? :)

I expect it is purely academic because the "actual damages
from copyright violation" part of the calculation will
probably be zero, and the software patents part already
excludes everything outside the US.

---
The emperor, undaunted by overwhelming evidence that he had no clothes,
redoubled his siege of Antarctica to extort tribute from the penguins.

[ Reply to This | Parent | # ]

EU Court decision: API's are NOT Copyrigtable
Authored by: Anonymous on Wednesday, May 02 2012 @ 08:51 AM EDT
The decision is expressed beautifully and clearly by the court:

"In this respect, the Court takes the view that, in the present case, the
keywords, syntax, commands and combinations of commands, options, defaults and
iterations consist of words, figures or mathematical concepts, considered in
isolation, are not, as such, an intellectual creation of the author of that
program."

I completely agree with this- but shouldn't that mean that you would wish the
jury to find that Google *has* infringed Oracle's copyright in the API? Then the
good judge would have to make a ruling on whether the API's could be copyrighted
as a matter of law in the first place- this would likely settle the legal issue
(at least until appeals). However, if the jury finds no infringement, the judge
makes no ruling and it leaves the question of the copyrightability of API's in
the legal grey zone, for some other company to come along and pull the stunt
again?

[ Reply to This | Parent | # ]

Page is broken
Authored by: Anonymous on Wednesday, May 02 2012 @ 08:53 AM EDT
Page is broken, can you post a working link pls.

Thanks

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )