Specifically, the court will hear the Google vs Oracle case in March. Oracle had previously gained an advantage when the US Court of Appeals reversed a previous decision that deemed Google’s use of Java API package in Android as “fair use”. With the decision reversed Google appealed to the court and a new date (March) was set move through the case again. On January 6, Google issued its opening brief and has gained support from several rivals. IBM, Mozilla, and Microsoft are among the 27 “friend of court” briefs siding with Google. All the companies believe software APIs should not be copyrightable.
Microsoft Briefing
Microsoft said last year’s decision “takes an unduly narrow view of fair use that elevates functional code to the same level of copyright protection as the creative expression in a novel”. According to Microsoft, if the decision is applied it will create a “problematically narrow standard” for evaluating use of code. “While Google used the software interfaces at issue for the same purpose as in Oracle’s Java platform – allowing a program to invoke computer functionalities – it incorporated them into a completely different platform that opened new possibilities for programmers and consumers,” wrote Microsoft. Microsoft points out APIs are vital for interoperability across numerous services, such as web browsers and the cloud. If company’s can copyright APIs, Microsoft argues it would harm the industry and customers. “If, as in computing’s early days, every device had its own proprietary interface, one could never add a product outside a particular vendor’s offerings to the system. But in today’s interoperable ecosystem, consumers generally can choose smart products based on their merits and functionality, without worrying about compatibility with their existing system,” wrote Microsoft.
