Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-23 Thread phil hunt
On Sun, 22 Apr 2001, Angelo Schneider wrote: phil hunt wrote: On Fri, 20 Apr 2001, Angelo Schneider wrote: Hi! In Europe APIs are not copyright able. No idea about the US. However if you publich them in a book, the book of course is copyrighted. However you can not

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Angelo Schneider
Hi all! Rod Dixon wrote: Those are very good thoughts, if I may say so. Rod On Fri, 20 Apr 2001, Chloe Hoffman wrote: I am not sure I see how 102(b) should exclude APIs from copyrightable subject matter as an absolute matter. Surely some aspects of an API may fail because of

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Rod Dixon, J.D., LL.M.
-Original Message- From: Lawrence E. Rosen [mailto:[EMAIL PROTECTED]] Sent: Friday, April 20, 2001 11:24 PM To: [EMAIL PROTECTED] Subject: RE: copyrightable APIs? (was RE: namespace protection Finally, one CAN use trademark law -- with all its strengths and weaknesses -- to

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Brian Behlendorf
On Fri, 20 Apr 2001, Lawrence E. Rosen wrote: Even if a company were to argue successfully that its API is *both* expressive and substantive, and thus protectible as copyrightable subject matter, I would argue that access to the API for the purpose of preparing independent (compatible or

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread phil hunt
On Fri, 20 Apr 2001, Angelo Schneider wrote: Hi! In Europe APIs are not "copyright able". No idea about the US. However if you publich them in a book, the book of course is copyrighted. However you can not prevent anyone to write a software against a given API. Same is true for data

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
This is the issue I was hinting at. I do not believe that as a general matter that APIs should be copyrightable under U.S. copyright law since section 102(b) of the Copyright Act should exclude APIs from copyright subject matter. Having said that, I admit the issue seems unresolved since both

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
I doubt whether we will resolve the copyrightability question. I think the better view is that an API is not copyrightable subject matter. I also think that viewing an API as such better serves the purposes of copyright law. Even so, I agree that the more important question is if you assume that

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
Those are very good thoughts, if I may say so. Rod On Fri, 20 Apr 2001, Chloe Hoffman wrote: I am not sure I see how 102(b) should exclude APIs from copyrightable subject matter as an absolute matter. Surely some aspects of an API may fail because of various doctrines such as merger,

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
On Fri, 20 Apr 2001, Chloe Hoffman wrote: Do you have any basis for the "better" view? Also, how does it better serve the purposes of copyright? Well, I said I *THINK* the better view is... In other words, I was expressing an opinion. The reason why I think it is the better view is because

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Lawrence E. Rosen
I have a slightly different question about API's and copyrights. Suppose one has an API that acts as a specification for access to a library and perhaps a sample implementation. I dont care if someone creates another implementation of the API, in fact I want to encourage other people to do