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  3. API Copyright (Google vs Oracle).

API Copyright (Google vs Oracle).

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  • L Offline
    L Offline
    Lost User
    wrote on last edited by
    #1

    An "API" is not "code"; it's a "promise" (or maybe only a hint). It's like saying: if Java had a "GetApple()" method, no one else can use it without paying a royalty; even though said API might: - returned an orange instead of an apple - picked an apple from a tree vs a bin - also washed or peeled the apple (optional parameter with default) - returned Adam's apple - etc. An API is not code; the implementation (and how it is implemented) is. Let's see if the enlightened judiciary gets it.

    It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

    Greg UtasG S F N R 6 Replies Last reply
    0
    • L Lost User

      An "API" is not "code"; it's a "promise" (or maybe only a hint). It's like saying: if Java had a "GetApple()" method, no one else can use it without paying a royalty; even though said API might: - returned an orange instead of an apple - picked an apple from a tree vs a bin - also washed or peeled the apple (optional parameter with default) - returned Adam's apple - etc. An API is not code; the implementation (and how it is implemented) is. Let's see if the enlightened judiciary gets it.

      It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

      Greg UtasG Offline
      Greg UtasG Offline
      Greg Utas
      wrote on last edited by
      #2

      Depending on the API, it could be a lot more than a hint. I'd want to hear arguments on both sides before making up my mind. Maybe the sketch for a symphony would be a good analogy. Various composers have left sketches for unfinished symphonies, although the level of detail varies. One completion of Mahler's 10th symphony had its performance banned by his estate, which held the copyright.

      Robust Services Core | Software Techniques for Lemmings | Articles
      The fox knows many things, but the hedgehog knows one big thing.

      <p><a href="https://github.com/GregUtas/robust-services-core/blob/master/README.md">Robust Services Core</a>
      <em>The fox knows many things, but the hedgehog knows one big thing.</em></p>

      L J 2 Replies Last reply
      0
      • L Lost User

        An "API" is not "code"; it's a "promise" (or maybe only a hint). It's like saying: if Java had a "GetApple()" method, no one else can use it without paying a royalty; even though said API might: - returned an orange instead of an apple - picked an apple from a tree vs a bin - also washed or peeled the apple (optional parameter with default) - returned Adam's apple - etc. An API is not code; the implementation (and how it is implemented) is. Let's see if the enlightened judiciary gets it.

        It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

        S Offline
        S Offline
        Slacker007
        wrote on last edited by
        #3

        I always thought is was an Application Programming Interface, a black box of sorts, you put something in, and you get something out. Maybe I am missing something? Not sure why you need a Copyright for that, but hey, I'm a simple man, who knows very little about such things. lol

        L 1 Reply Last reply
        0
        • Greg UtasG Greg Utas

          Depending on the API, it could be a lot more than a hint. I'd want to hear arguments on both sides before making up my mind. Maybe the sketch for a symphony would be a good analogy. Various composers have left sketches for unfinished symphonies, although the level of detail varies. One completion of Mahler's 10th symphony had its performance banned by his estate, which held the copyright.

          Robust Services Core | Software Techniques for Lemmings | Articles
          The fox knows many things, but the hedgehog knows one big thing.

          L Offline
          L Offline
          Lost User
          wrote on last edited by
          #4

          The symphony is an implementation that you can copyright; you can't copyright the "idea" / concept of a symphony (e.g. "romance"). An API is an abstraction. So is low-level code. The higher the abstraction, the more it qualifies as an "idea" and is then not subject to copyright. What is "higher" than an API that can express the idea behind it? The consumer? Which depends.

          It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

          Greg UtasG 1 Reply Last reply
          0
          • S Slacker007

            I always thought is was an Application Programming Interface, a black box of sorts, you put something in, and you get something out. Maybe I am missing something? Not sure why you need a Copyright for that, but hey, I'm a simple man, who knows very little about such things. lol

            L Offline
            L Offline
            Lost User
            wrote on last edited by
            #5

            Oracle wants to copyright how you talk to their box. Which will then allow them to make you pay a royalty if you talk to an Android Google box.

            It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

            J 1 Reply Last reply
            0
            • L Lost User

              An "API" is not "code"; it's a "promise" (or maybe only a hint). It's like saying: if Java had a "GetApple()" method, no one else can use it without paying a royalty; even though said API might: - returned an orange instead of an apple - picked an apple from a tree vs a bin - also washed or peeled the apple (optional parameter with default) - returned Adam's apple - etc. An API is not code; the implementation (and how it is implemented) is. Let's see if the enlightened judiciary gets it.

              It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

              F Offline
              F Offline
              F ES Sitecore
              wrote on last edited by
              #6

              Hopefully all those judges and high courts with decades of experience with copyright laws and the extensive details of the actual case come here to find the answer to their legal quandary from some guy on the internet. Who knows why the case has turned out to be so complex given how simple the issue apparently is.

              N R L 3 Replies Last reply
              0
              • L Lost User

                The symphony is an implementation that you can copyright; you can't copyright the "idea" / concept of a symphony (e.g. "romance"). An API is an abstraction. So is low-level code. The higher the abstraction, the more it qualifies as an "idea" and is then not subject to copyright. What is "higher" than an API that can express the idea behind it? The consumer? Which depends.

                It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                Greg UtasG Offline
                Greg UtasG Offline
                Greg Utas
                wrote on last edited by
                #7

                A symphonic sketch is less than a symphony (copyrightable) but less than an idea or genre (not copyrightable), which is why I thought it might be an interesting analogy. An API might give you a very good idea of the underlying object model and its internal collaborations, which is far more than an idea.

                Robust Services Core | Software Techniques for Lemmings | Articles
                The fox knows many things, but the hedgehog knows one big thing.

                <p><a href="https://github.com/GregUtas/robust-services-core/blob/master/README.md">Robust Services Core</a>
                <em>The fox knows many things, but the hedgehog knows one big thing.</em></p>

                L 1 Reply Last reply
                0
                • L Lost User

                  An "API" is not "code"; it's a "promise" (or maybe only a hint). It's like saying: if Java had a "GetApple()" method, no one else can use it without paying a royalty; even though said API might: - returned an orange instead of an apple - picked an apple from a tree vs a bin - also washed or peeled the apple (optional parameter with default) - returned Adam's apple - etc. An API is not code; the implementation (and how it is implemented) is. Let's see if the enlightened judiciary gets it.

                  It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                  N Offline
                  N Offline
                  Nelek
                  wrote on last edited by
                  #8

                  You have not seen the patents that are our there... haven't you? i.e. Unlock a device by sliding your finger on the screen: Patented (as idea) and there was a trial too (AFAIK its veredict was against all common sense) So... I would not bet on this one.

                  M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

                  L R 2 Replies Last reply
                  0
                  • F F ES Sitecore

                    Hopefully all those judges and high courts with decades of experience with copyright laws and the extensive details of the actual case come here to find the answer to their legal quandary from some guy on the internet. Who knows why the case has turned out to be so complex given how simple the issue apparently is.

                    N Offline
                    N Offline
                    Nelek
                    wrote on last edited by
                    #9

                    F-ES Sitecore wrote:

                    Hopefully all those judges and high courts with decades of experience with copyright laws and the extensive details of the actual case come here to find the answer to their legal quandary from some guy on the internet.

                    Probably they should, because they do lack the technical knowledge about the possible implications that their veredict might have worldwide.

                    F-ES Sitecore wrote:

                    Who knows why the case has turned out to be so complex given how simple the issue apparently is.

                    Are we not speaking about trials, companies with a lot of lawyers and a possible big $$$ involved at the end? I would say it was not to expect anything else.

                    M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

                    F 1 Reply Last reply
                    0
                    • Greg UtasG Greg Utas

                      A symphonic sketch is less than a symphony (copyrightable) but less than an idea or genre (not copyrightable), which is why I thought it might be an interesting analogy. An API might give you a very good idea of the underlying object model and its internal collaborations, which is far more than an idea.

                      Robust Services Core | Software Techniques for Lemmings | Articles
                      The fox knows many things, but the hedgehog knows one big thing.

                      L Offline
                      L Offline
                      Lost User
                      wrote on last edited by
                      #10

                      Trying to classify an API as "revealing" or "not revealing" would be pointless. I could publish a whole bunch of "do nothing" API calls just to claim it as my "vocabulary". That goes way beyond sitting on a domain name.

                      It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                      1 Reply Last reply
                      0
                      • L Lost User

                        Oracle wants to copyright how you talk to their box. Which will then allow them to make you pay a royalty if you talk to an Android Google box.

                        It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                        J Offline
                        J Offline
                        Jorgen Andersson
                        wrote on last edited by
                        #11

                        Haven't we been through this process before, regarding PC BIOS? The PC BIOS was Copyrighted by IBM but Compaq and Phoenix and others copied the functionality without copying the code. How did Compaq reverse engineered patented IBM code? - Quora[^] So the question is, is the discussion regarding copyrighted code or patented code?

                        Wrong is evil and must be defeated. - Jeff Ello Never stop dreaming - Freddie Kruger

                        R 1 Reply Last reply
                        0
                        • N Nelek

                          You have not seen the patents that are our there... haven't you? i.e. Unlock a device by sliding your finger on the screen: Patented (as idea) and there was a trial too (AFAIK its veredict was against all common sense) So... I would not bet on this one.

                          M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

                          L Offline
                          L Offline
                          Lost User
                          wrote on last edited by
                          #12

                          The "swipe" is a particular technique, involving the device and the user, electronically, digitally, timings, offset, displacements, speed, pressure, etc. A lot more complex a scenario than a digital "promise". An "API" can be 1 method / call; or thousands; or a subset; or a hyper-set; ... We could start by eliminating "text speak" which has been piggy backing on a known language. Or make them pay a royalty.

                          It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                          N 1 Reply Last reply
                          0
                          • J Jorgen Andersson

                            Haven't we been through this process before, regarding PC BIOS? The PC BIOS was Copyrighted by IBM but Compaq and Phoenix and others copied the functionality without copying the code. How did Compaq reverse engineered patented IBM code? - Quora[^] So the question is, is the discussion regarding copyrighted code or patented code?

                            Wrong is evil and must be defeated. - Jeff Ello Never stop dreaming - Freddie Kruger

                            R Offline
                            R Offline
                            Rick York
                            wrote on last edited by
                            #13

                            That is a great example of precedence! A BIOS is a great example of an API. It's not high level like the one at issue, java, but that is definitely a software API where the application is the computer's operating system and, effectively, all programs that run on it.

                            "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                            J 1 Reply Last reply
                            0
                            • F F ES Sitecore

                              Hopefully all those judges and high courts with decades of experience with copyright laws and the extensive details of the actual case come here to find the answer to their legal quandary from some guy on the internet. Who knows why the case has turned out to be so complex given how simple the issue apparently is.

                              R Offline
                              R Offline
                              Rick York
                              wrote on last edited by
                              #14

                              What has happened is a tech-savvy judge got it sorted out and made their ruling. Oracle didn't like it and appealed to the next higher court. They didn't get and reversed. Google didn't like that and appealed, and ... I might have the ordered messed up but it has been a sequence of hearings somewhat like that. The key to this case will be making an argument that the non-tech savvy supremes can almost understand so that they'll even hear it in the first place.

                              "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                              1 Reply Last reply
                              0
                              • N Nelek

                                You have not seen the patents that are our there... haven't you? i.e. Unlock a device by sliding your finger on the screen: Patented (as idea) and there was a trial too (AFAIK its veredict was against all common sense) So... I would not bet on this one.

                                M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

                                R Offline
                                R Offline
                                Rick York
                                wrote on last edited by
                                #15

                                Amazon patented a concept they call, "one-click ordering." The patent situation in the USA is out of control.

                                "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                                D L Greg UtasG F 4 Replies Last reply
                                0
                                • R Rick York

                                  Amazon patented a concept they call, "one-click ordering." The patent situation in the USA is out of control.

                                  "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                                  D Offline
                                  D Offline
                                  David ONeil
                                  wrote on last edited by
                                  #16

                                  Can I patent a 'one-flick' insult? Two, if you want to use both hands! Instant moneybags! :-D

                                  The forgotten roots of science | C++ Programming | DWinLib

                                  S 1 Reply Last reply
                                  0
                                  • F F ES Sitecore

                                    Hopefully all those judges and high courts with decades of experience with copyright laws and the extensive details of the actual case come here to find the answer to their legal quandary from some guy on the internet. Who knows why the case has turned out to be so complex given how simple the issue apparently is.

                                    L Offline
                                    L Offline
                                    Lost User
                                    wrote on last edited by
                                    #17

                                    They would first have to agree on the difference between an "argument" and a "parameter." :-\

                                    It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                                    1 Reply Last reply
                                    0
                                    • R Rick York

                                      Amazon patented a concept they call, "one-click ordering." The patent situation in the USA is out of control.

                                      "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                                      L Offline
                                      L Offline
                                      Lost User
                                      wrote on last edited by
                                      #18

                                      I think that's more "branding" than some real process. If you think about, it's probably filling in a bunch of boxes and then using "one click" to send it off. Like "one-stop shopping". (Forget about the traffic lights)

                                      It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                                      Greg UtasG R 2 Replies Last reply
                                      0
                                      • R Rick York

                                        Amazon patented a concept they call, "one-click ordering." The patent situation in the USA is out of control.

                                        "They have a consciousness, they have a life, they have a soul! Damn you! Let the rabbits wear glasses! Save our brothers! Can I get an amen?"

                                        Greg UtasG Offline
                                        Greg UtasG Offline
                                        Greg Utas
                                        wrote on last edited by
                                        #19

                                        There is also a patent on saving what's displayed on a screen before overlaying it, so that it can be easily restored without redrawing what was there before. This kind of thing is why I think all software patents should be cancelled and replaced by copyrights.

                                        Robust Services Core | Software Techniques for Lemmings | Articles
                                        The fox knows many things, but the hedgehog knows one big thing.

                                        <p><a href="https://github.com/GregUtas/robust-services-core/blob/master/README.md">Robust Services Core</a>
                                        <em>The fox knows many things, but the hedgehog knows one big thing.</em></p>

                                        1 Reply Last reply
                                        0
                                        • L Lost User

                                          I think that's more "branding" than some real process. If you think about, it's probably filling in a bunch of boxes and then using "one click" to send it off. Like "one-stop shopping". (Forget about the traffic lights)

                                          It was only in wine that he laid down no limit for himself, but he did not allow himself to be confused by it. ― Confucian Analects: Rules of Confucius about his food

                                          Greg UtasG Offline
                                          Greg UtasG Offline
                                          Greg Utas
                                          wrote on last edited by
                                          #20

                                          That should fall under a trademark, not a patent.

                                          Robust Services Core | Software Techniques for Lemmings | Articles
                                          The fox knows many things, but the hedgehog knows one big thing.

                                          <p><a href="https://github.com/GregUtas/robust-services-core/blob/master/README.md">Robust Services Core</a>
                                          <em>The fox knows many things, but the hedgehog knows one big thing.</em></p>

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