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ARTICLE · 13 MAY 2014

API Copyright Update: Oracle Wins This Round

The basic question "are APIs eligible for copyright protection?" has consumed much analysis (and legal fees) during the lawsuit between Oracle and Google.

CanadaIntellectual Property

The basic question "are APIs eligible for copyright protection?" has consumed much analysis (and legal fees) during the lawsuit between Oracle and Google, which started in 2010. (For more reading on our long-running coverage of the long-running Oracle vs. Google patent and copyright litigation, see below.)

The basic premise of Oracle's complaint against Google is that the wildly popular Android operating system copied 37 Java API packages verbatim, and inserted the code from those APIs into the Android software. This copying was done without a license from Oracle. Therefore, says Oracle, copyright infringement has occurred. In a 2012 decision, the district court decided that the Java APIs were not subject to copyright protection. Therefore, said the lower court, there was no infringement. The US Federal Court of Appeals has reversed that finding.

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