Just as the Federal Circuit was releasing its decision in Oracle v. Google, Harvard’s Journal of Law & Technology was also releasing its special issue on the topic: Protecting Software Interfaces with Copyright Law.
- Introduction – Daniel Etcovitch & Kayla Haran
- Rise of the Copyright API Dead?: An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software – Peter S. Menell
- The Report of API Copyright’s Death Is Greatly Exaggerated – Annette Hurst
- The New Wave: Copyright and Software Interfaces in the Wake of Oracle v. Google – Fred von Lohmann
- Saving Software’s Fair Use Future – Pamela Samuelson & Clark D. Asay
- Juries and the Development of Fair Use Standards – David Nimmer
- Platforms and Interoperability in Oracle v. Google – Joseph Gratz & Mark A. Lemley
- The Global API Copyright Conflict – Jonathan Band
- Computer Software As Copyrightable Subject Matter: Oracle v. Google, Legislative Intent, and the Scope of Rights in Digital Works – Ralph Oman
- Against Defibrillating the API Copyright Dead: A Response to Advocates of Copyrightability of Software Functional Specifications – Peter S. Menell
Hmm, the usual culprits of Lemley, Samuelson, Menell (replete with self-referencing of the same group)…
I do wonder how many of the (academic) pundits screaming here about the “functionality” of software are advocates for the patent-eligibility of software to protect that very same functionality….
My belief is that none of the LSM Gang want to see any kind of robust IP protection for software. It would damage Google’s bottom line, as well as their own perhaps.
All you need to know in just over 1/4 of the words from the titles of the papers listed:
Patents protect the utility aspects of something.
Copyright protects the expressive aspects of something.
Something may very well have aspects that are protected by both patent and copyright.
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