The administration of President Barack Obama sided with Oracle in a
dispute with Google on whether APIs, the specifications that let
programs communicate with each other, are copyrightable.
Nothing about the API (application programming interface) code at issue
in the case materially distinguishes it from other computer code, which
is copyrightable, wrote Solicitor General Donald B. Verrilli in a filing
in the U.S. Supreme Court.
The court had earlier asked for the government's views in this
controversial case, which has drawn the attention of scientists, digital
rights group and
the tech industry for its implications on current practices in developing software.
Although Google has raised important concerns about the effects that
enforcing Oracle's copyright could have on software development, those
concerns are better addressed through a defense on grounds of fair use
of copyrighted material, Verrilli wrote.
Oracle accused Google of infringing its copyrights and patents related
to Java in its Android operating system. Google was charged with copying
the structure and organization of the Java API, in part to make it
easier for developers, familiar with Java, to write programs for the
mobile operating system.
The Internet giant, however, holds that the API code is not entitled to
copyright protection because it constitutes a "method of operation" or
"system" under Section 102(b) of the Copyright Act.
Judge William Alsup of the District Court for the Northern District of
California ruled in 2012 that the APIs were not copyrightable, but this
decision was overturned in May last year by the Court of Appeals for the
Federal Circuit, which ruled that the Java API packages can be
copyrighted. Google then asked the Supreme Court to
review the Federal Circuit decision.
The uncopyrightable "method of operation" or "system" or "process" under
Section 102(b) is the underlying computer function triggered by the
written code, according to Verrilli. "The code itself, however, is
eligible for copyright protection," he wrote.
The government in its filing asked the Supreme Court not to review the
case and recommended its remand over Google's fair-use defense to the
lower court.
"While we're disappointed, we look forward to supporting the clear
language of the law and defending the concepts of interoperability that
have traditionally contributed to innovation in the software industry,"
Google said in a statement Tuesday, in response to the government
filing.
The Computer & Communications Industry Association said in a
statement that the Justice Department got it wrong. Imposing legal
constraints on the interoperation between programming languages can lead
to serious competitive harm, it added.
Oracle said that the solicitor general's brief agrees with the Federal
Circuit's decision and affirms the importance of copyright protection as
an incentive for software innovation. The Federal Circuit had
unanimously rejected Google's arguments that software is entitled to
less copyright protection than other original, creative works, it added.
John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service
. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com
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