But here's the thing. THE FEDERAL CIRCUIT ALREADY DECIDED THE APIs ARE COPYRIGHTABLE.
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This. Is. Madness.
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This may explain Oracle's curious demand to suppress description of previous proceedings from jury in instructions...
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ie., Strategy: re-prove what FedCir already found (copyrightability) & jury will leap right past fair use to infringement.
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it cuts both ways, both Google and Oracle don't want that told to the jury
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but yeah, that must be what Oracle is thinking
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agreed it cuts both ways, but if I were P counsel I wouldn't want jury going into delibs thinking I just wasted 900min
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lol yeah, and that must be one of the reasons for the brief that got really aggressive with Alsup over the issue.
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@katecaldwell Can the sanity monster please stomp on both of them and decide that API surfaces aren't copyrightable -
Tweet indisponible
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Basically a fancy way of saying "all the available APIs" "all the external behaviors the thing supports / affords"
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Saying an API can be copyrighted is "you can't make a thing that works with my thing unless we let you" which is already not
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But they're mixing names around and trying to be clever, which unfortunately takes a long damn time to resolve because legal
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Problem is legal runs on precedent which is "the code that compiles" x "output from previous code is now part of the compiler"
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So it ends up saying really weird stuff that appears to describe reality or values or logic, but is really compiler output.
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does knowledge actually affect any of the requirements for fair use
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