---
published: true
layout: post
title: >-
  Helping EFF Urge The Courts to Block Copyright Claims in Oracle v. Google API
  Fight
image: >-
  http://kinlane-productions2.s3.amazonaws.com/api-evangelist-site/blog/google-v-oracle-brief.png
author:
  name: kinlane
tags:
  - Copyright
  - Oracle
  - ai
---
The [Electronic Frontier Foundation (EFF) recently filed a a brief](https://www.eff.org/press/releases/computer-scientists-urge-court-block-copyright-claims-oracle-v-google-api-fight) in the U.S. Court of Appeals for the Federal Circuit, urging the court to block copyright claims in the Oracle v. Google legal battle. The EFF approached me several months ago to provide feedback for the brief. I sent over my research and published some of my thoughts to [Help EFF Make Case For No Copryight on APIs](/2012/11/02/help-eff-make-case-for-no-copryight-on-apis/) and why [API Copyright Would Restrict API Interoperability](http://apivoice.com/2012/12/08/api-copyright-would-restrict-api-interoperability/) and also lent my support as one of the [Signatories to the Computer Scientists’ Amicus Brief](https://www.eff.org/cases/oracle-v-google/amici).

Here is a summarized version of the arguement:

> _As computer scientists, amici have relied on the open nature of APIs and the programs built on them to create and operate new software. Amici depend on APIs remaining open to sustain wide spreads compatibility standards used by startups and incumbents alike. Reversing the District Court would dangerously undermine the settled expectations of computer scientists who rely on the open nature of APis._
> 
> 1.  _Uncopyrightable interfaces were essential to the development of modern computers and the Internet_
>     1.  _The BIOS of the Original IBM-Compatible PC_
>     2.  _Major modern operating system reimplement the ground break UNIX API_
>     3.  _The C programming language became universal because of its uncopyrightable interface_
>     4.  _Computers rely on the uncopyrightable nature of APIs and network protocols to communicate over the Internet_
>     5.  _The uncopyrightable nature of APIs for the industry standards for cloud computing_
> 2.  _Uncopyrightable interfaces spur the creation of software that otherwise would not be written_
>     1.  _Uncopyrightable interfaces allow software that makes different systems compatible  
>         _
>     2.  _Uncopyrightable interfaces help programmers develop completely new capabilities for software_
> 3.  _Copyright in interfaces would creat an "orphan software" problem_
>     1.  _Uncopyrightable interfaces protect both developers and users  
>         _
>     2.  _The orphan software problem disproportionately affects the public sector_

> _Conclusion:_

> _The freedom to reimplement and extend existing aPIs has undoubtedly led to robust software and hardware industries, but also to an explosion of technological advances that do more than merely increase companies' bottom line. They open the world for the sharing of information, increased communication, and technological advances that could never have been contemplated._

You can read the [full brief that was filed over at EFF](https://www.eff.org/document/amicus-brief-computer-scientists). Keeping APIs open, and free from copyright is something I am passionate about and feel very strongly that it is critical to a healthy, vibrant online economy.

I'm confident that the Judge will throw out Oracle's case, but I do no think this is the last time we'll see a company step up and try to apply copyright to APIs.

I'm very thankful for the EFF and the other computer scientists who researched and supported the brief.

Thank you!