Download This PaperSome Misconceptions about Software in the Copyright Literature
CSLAW '22: Proceedings of the 2nd ACM Symposium on Computer Science and Law
11 Pages Posted: 7 Mar 2023
Date Written: August 23, 2022
Abstract
The technical complexity and functionality of computer programs have made it difficult for courts to apply conventional copyright concepts, such as the idea/expression distinction, in the software copyright case law. This has created fertile ground for significant misconceptions. In this paper, we identify fourteen such misconceptions that arose during the lengthy course of the Google v. Oracle litigation. Most of these misconceptions concern application programming interfaces (APIs). We explain why these misconceptions were strategically significant in Oracle’s lawsuit, rebut them, and urge lawyers and computer scientists involved in software copyright litigation to adopt and insist on the use of terminology that is technically sound and unlikely to perpetuate these misconceptions.
Keywords: API, copyright, software interface, intellectual property, IP law, compatibility, interoperability, Oracle v. Google, Google v. Oracle
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Pamela Samuelson (Contact Author)
University of California, Berkeley - School of Law ( email )
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