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Sony v. Connectix | 148 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Appeals court held the intermediate copying as fair use.
Authored by: Anonymous on Wednesday, May 23 2012 @ 10:24 AM EDT
That seems to be a good signal for Google.

[ Reply to This | Parent | # ]

Sony v. Connectix
Authored by: Anonymous on Wednesday, May 23 2012 @ 10:36 AM EDT
Except that Sony didn't make an claims about the SSO of the APIs being protected
by copyright, so Oracle can argue that there is no precedent set in that case
for the arguments in this case.

[ Reply to This | Parent | # ]

Sony v. Connectix
Authored by: Anonymous on Wednesday, May 23 2012 @ 10:38 AM EDT
The appeals court held that the resulting work implementing the APIs was fair use, because it contained no implementation code actually written by Sony.
That would not be my interpretation. It was the intermediate step of copying that was deemed Fair Use, not the end result ("Connectix's intermediate copying and use of Sony's copyrighted BIOS was a fair use for the purpose of gaining access to the unprotected elements of Sony's software."). Any usage of "unprotected elements" would need no claim to Fair Use because it would not, by definition, fall under the purview of copyright.

That being said, it is a strange query by Judge Alsup as it offers little correlation to the activities of the parties in this case, although it does somewhat speak to where the line might be drawn for what should be considered "unprotected elements".

[ Reply to This | Parent | # ]

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