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ARTICLE · 21 MAY 2014

IP Monitor - The Oracle Has Spoken

On May 9, the U.S. Court of Appeals for the Federal Circuit decided the important question of the copyrightability of APIs.

CanadaIntellectual Property

Java APIs have copyright.

On May 9, the U.S. Court of Appeals for the Federal Circuit decided the important question of the copyrightability of Application Program Interfaces (APIs) in a case which pitted two giants of the computer world Oracle and Google against each other.  The Federal Circuit overruled a district court decision that Oracle's API packages in its JAVA language were not eligible for copyright protection. Oracle America, Inc. Google Inc. CAFA 2013-102.

Oracle had created the Java programming language and as part of that language had developed 37 API packages.  Each package consisted of two types of source code: (1) "declaring code" and (2) "implementing code". Google admitted copying 7,000 lines of "declaring code" but had written its own implementing code when developing its Android language.

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