Apparently case law does recognize the importance of
interoperability
(which is certainly a functional element of
software) in limiting copyright
enforcement.
US copyright law tries to draw a line between idea and
expression, with ideas being unprotected (abstractions,
methods of operation)
and expression being protected (to the
extent that an author exercises
creativity in manifesting an
idea).
Copyright law tries to be provide wide
margins in two
conflicting ways. First the amount of creativity needed to
deserve copyright protection is generally minimal. Second,
where an idea can
only be expressed in one or few ways, or
where the expression becomes
"inextricably merged with the
idea", the amount of copying needed to prove
infringement is
great.
According to the Wikipedia
article, Idea-expression divide, US
courts are divided on whether "merger"
is a defense to
infringement or prevents copyrightability ab
initio.
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