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View Full Version : European Court: API's can't be copyrighted, and then some...



neu5eeCh
May 3rd, 2012, 01:36 PM
Though the following (http://arstechnica.com/tech-policy/news/2012/05/eus-top-court-apis-cant-be-copyrighted-would-monopolise-ideas.ars) was interesting in light of the Google/Oracle lawsuit.

I wonder how rulings like these will affect the law in the United States? A ruling like this would give certain software developers in Europe a significant advantage over their counterparts in the United States. Under certain circumstances, it would seem that some developers and startups would want to locate in Europe rather than the US.

Copper Bezel
May 3rd, 2012, 07:48 PM
I don't know enough about the implications here to say more than, "Hey, nice, the good guys won one." But hey. That's nice.

neu5eeCh
May 3rd, 2012, 09:19 PM
Two more related articles:

Programming languages not copyrightable, rules highest EU court (http://www.computerworlduk.com/news/it-business/3355261/programming-languages-not-copyrightable-rules-highest-eu-court/)

Oracle and the End of Programming As We Know It (http://www.drdobbs.com/jvm/232901227): If Oracle prevails in its claim that APIs can be copyrighted, nearly every aspect of programming will be changed for the worse.

It's hard for me to see how any American Judge wouldn't be aware of the European High Court ruling. If the American legal system sides with Oracle, might as well hand our high-tech industry to Europe. There is always a very, very strong pull toward monopolistic behavior in capitalist systems (which isn't to knock capitalism -- just the way it is), but it seems to me that Oracle's self-interest (above the interest of any and all) is not the model America needs to be following right now (or at any time really). The high tech industry is, in certain ways, the only thing keeping this country afloat, and if the political and legal system allows the greed of a few powerful "railroads" to drain the blood from anything like competition (in ideas and in the marketplace), then it will be incredibly destructive. It might not be too much to say that this ruling could be a turning point for America - no kidding. If our high tech industry self-destructs, then what's left to us, McDonald's?

Dry Lips
May 3rd, 2012, 09:23 PM
This is definitively good news. Thanks for posting VT! :KS

alexfish
May 3rd, 2012, 09:28 PM
same old story

print = put = puts = putters = gutters = catchrain = snow = badweather = nextday = c++ = sunshine = c = balanced playing field

He who dares wins

nothingspecial
May 3rd, 2012, 09:30 PM
This thread is sailing close to the wind ........

KiwiNZ
May 3rd, 2012, 09:50 PM
This thread is sailing close to the wind ........

Aye she be tacking for the shoals to be sure

neu5eeCh
May 3rd, 2012, 10:53 PM
For those interested, another post delineating the similarities and differences between the European case and the court case between Google & Oracle.

http://www.zdnet.com/blog/btl/eu-court-rules-programming-languages-not-copyrightable/76076

keithpeter
May 3rd, 2012, 11:15 PM
"The patents system is being used to slow down a lot of healthy competition and that's a real problem. I think that the countries that have essentially figured that out and put hard limits on what you can patent will in fact do better."http://www.bbc.co.uk/news/technology-17916879

neu5eeCh
May 3rd, 2012, 11:32 PM
[QUOTE=keithpeter;11903260]http://www.bbc.co.uk/news/technology-17916879



Thanks Keithpeter. I didn't think what I was writing was all that controversial. Glad to see that fellow agrees with me. Who is he? Does he work for Microsoft? ;)

vasa1
May 4th, 2012, 07:29 AM
The EU ruling has had an impact:
Judge Alsup Asks Oracle&Google To Brief API/SSO Issue in Light of EU Ct of Justice Ruling on APIs

neu5eeCh
May 4th, 2012, 01:08 PM
The EU ruling has had an impact:
Judge Alsup Asks Oracle&Google To Brief API/SSO Issue in Light of EU Ct of Justice Ruling on APIs (http://Judge%20Alsup%20Asks%20Oracle&Google%20To%20Brief%20API/SSO%20Issue%20in%20Light%20of%20EU%20Ct%20of%20Jus tice%20Ruling%20on%20APIs)

Hey, that's interesting. Do you have a link for that?

mips
May 4th, 2012, 01:11 PM
Hey, that's interesting. Do you have a link for that?

http://www.groklaw.net/article.php?story=20120503175821298