Rise of the API Copyright Dead?: An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software

186 Pages Posted: 6 Jan 2017 Last revised: 2 Feb 2018

See all articles by Peter S. Menell

Peter S. Menell

University of California, Berkeley - School of Law

Date Written: January 18, 2017

Abstract

After a decade of bruising legal battles, the courts and software industry norms largely resolved the costly war over the scope of copyright protection for computer software. By the mid 1990s, freedom to develop interoperable devices, systems, and software triumphed over broad copyright protection for network features of computer software. Copyright peace prevailed throughout the software industry for the next 15 years. But in 2010, Oracle reignited the smoldering embers of that war when it brought suit alleging that Google infringed copyright in the Java application program interface packages (APIs)... This article updates and expands upon an earlier “epitaph” for copyright protection of network features of computer software to address the second API copyright wave. As background, Part I reviews the first wave of API copyright legislation and litigation. Part II examines the Oracle v. Google litigation, tracing the development of Java and Android and the subsequent (and still ongoing) battle over the scope of copyright protection for APIs. Part III critically analyzes the Oracle v. Google decisions. It explains that copyright law’s fundamental exclusion of protection for functional features dictates that the labeling conventions and packaging of functions within interface specifications generally fall outside of the scope of copyright protection even as implementing code garners thin copyright protection. This interpretation of copyright law comports with fundamental principles channeling protection among the modes of intellectual property. It also serves the larger goals of intellectual property law and competition policy.

Keywords: Software, API, Copyright, 102(b), Fair Use, Network Effects

JEL Classification: D85, K19, L40, O31, O32, O34

Suggested Citation

Menell, Peter S., Rise of the API Copyright Dead?: An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software (January 18, 2017). 31 Harvard Journal of Law & Technology 305 (2018); UC Berkeley Public Law Research Paper No. 2893192. Available at SSRN: https://ssrn.com/abstract=2893192 or http://dx.doi.org/10.2139/ssrn.2893192

Peter S. Menell (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
434
rank
61,885
Abstract Views
2,290
PlumX Metrics