On Thursday, 15 October 2015 at 15:55:09 UTC, Kagamin wrote:
On Thursday, 15 October 2015 at 15:00:26 UTC, Steven
Schveighoffer wrote:
You can't copyright a *single* declaration. So if I tell you
there's a function called CreateFile, and it takes these
parameters, you can write a declaration in a d file, and it's
not an infringement of the original header file. The word
"CreateFile" can't be copyrighted by itself.
I'm afraid, retelling is still a copy :)
But as I read more into the Brief, looks like Google tried to
foreclose copyright for declarations for being method of
operation, which fails (and I agree with that). Then Solicitor
General recommends fair use defense to address feared effects
on software development (and almost surprised notes that Google
didn't go that way for some reason).
IIRC, if they had won the way that they were trying to, it would
have been farther reaching - legally speaking. With fair use, you
have to argue each instance of it, whereas with a broader ruling
that's not tied to fair use, they might have gotten a ruling that
would apply to more than just this case - especially if the
Supreme Court ruled on it. But IANAL.
As I understand it though, there is definitely fear in the
software community at large that the ruling on this case could
have a devastating effect on APIs. Pretty much all of the
software folks agree that copyrighting them makes no sense. It
would completely destroy interoperability. But what the actual
legal situation will end up being is another question entirely.
In this particular case though, since the headers are in the
public domain, it really shouldn't matter what happens with the
Oracle case. And while MS has done plenty of stupid and/or evil
stuff over the years, I don't think that they're anywhere near
stupid enough to go after anyone for creating bindings to their
APIs and actually trying to use them. They _want_ you to use
them, because they want you to use their products and to write
software for their products. So, I really don't think that we
have anything to fear here.
- Jonathan M Davis
