> Still waiting an explanation about web API's not being a proper API.
It's not that they're not APIs (you can call anything you want an API -- copyright law doesn't care what it's called), but because they don't have a fixed form. In order to copyright something you need it to be a particular fixed text (or image, or recording). There is no such text for web APIs. You can come up with multiple texts (or images) all describing the exact same API. That is not the case for "plain" APIs. Plain APIs -- like all code -- do have a fixed form. But no fixed form means no copyright.
The very beginning of the definition of US copyright says[1]: "Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device" (emphasis mine). There are other requirements, but without a fixed form no copyright may apply[2].
The bits of text comprising the names of JSON fields, while fixed, are too short (and lack the necessary structure) to be considered "a work" for copyright purposes.
> So anyone is on danger of being sued by a copyright holder of an API.
That has always been the case (because it had never been settled that code APIs are not copyrightable). A different ruling may have removed that particular threat, but it didn't. It certainly didn't add new legal threats.
But let me give you this advice: If you're a big company with deep pockets and you're coming after the income of another big company with deep pockets using something that may be law-related -- expect to be sued. In fact, I don't need to give you this advice because if you're a big company with deep pockets you probably know this, as you're already in the habit of suing and/or being sued all the time.
[2]: The law also says: "In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work", which is the source of Google's argument that copyright doesn't even apply to actual APIs, but that's a whole other discussion, and is far from simple. E.g. a book's table of contents could also be argued to be a procedure or a concept, yet it is certainly copyrighted. Oracle said that an API is like a table of contents. There are good arguments for arguing either way. But again, not having fixed form stops the discussion in its tracks.
> It's not that they're not APIs (you can call anything you want an API -- copyright law doesn't care what it's called), but because they don't have a fixed form. In order to copyright something you need it to be a particular fixed text (or image, or recording). There is no such text for web APIs. You can come up with multiple texts (or images) all describing the exact same API. That is not the case for "plain" APIs. Plain APIs -- like all code -- do have a fixed form. But no fixed form means no copyright.
You're joking, isn't?
> The bits of text comprising the names of JSON fields, while fixed, are too short (and lack the necessary structure) to be considered "a work" for copyright purposes.
What are you talking about?
Do you really know what an API is and how web services are defined? You're confusing argument names with the API definition.
What piece of (substantial) text is replicated when you implement someone else's web API? If there isn't one then there is nothing to copyright.
The question of how web services are defined is not material. The question is whether a "API" = "fixed text" or not. For library APIs, the answer is yes, for web APIs the answer is no.
For the purpose of this discussion there's no need to argue what an API is because it matters little. Like I said, it is like arguing whether a story is copyrightable or not. It turns out that whether something is a story is not the relevant question, but rather the (first) question is how is that thing (call it a story or foo) recorded in fixed form in tangible media. Java's APIs are recorded in fixed and tangible form; the Google Maps API isn't. Again, what it is may matter when you start asking further questions, but the very first thing in the US copyright code says that in order for something to be eligible for copyright it must be fixed in tangible media.
Just to make clear: I am not arguing that Java's APIs is copyrighted, just that there is good reason to see why -- from the perspective of copyright law -- the Google Maps API isn't, regardless of the status of the Java API. They could be absolutely identical from your perspective, and yet different enough from the law's perspective due to some minor detail that you -- but not the law -- may consider inconsequential.
Yes, it's utterly laughable. The sad thing is this isn't just him. This is actually what Oracle is arguing and the hoops they are jumping through to try and copywrite APIs for what they want but try and get around the very obvious problems.
You also can't label APIs as 'language level' either. It's ridiculous.
Not at all. Oracle is arguing nothing regarding web APIs, and I'm arguing nothing about library APIs. My argument's and Oracle's do not overlap. Oracle is saying that library APIs are copyrightable, and I am saying that even if they are, web APIs cannot be.
> You also can't label APIs as 'language level' either. It's ridiculous.
You don't need to label APIs in any way (and what you find ridiculous has little bearing on the law). The relevant question to this particular discussion is whether what you're trying to copyright is a piece of text or not. A library API -- like all code -- is text. A web API isn't. If there's no fixed text to copyright, all other discussions are moot.
You could also claim that copyrighting code while not copyrighting algorithms is ridiculous because in your mind they are the same. However, as far as copyright is concerned, an algorithm can be described in many different words -- and therefore there is no fixed form to copyright -- while a piece of code is fixed, and therefore could potentially (and, in fact, is) be copyrighted.
It's not that they're not APIs (you can call anything you want an API -- copyright law doesn't care what it's called), but because they don't have a fixed form. In order to copyright something you need it to be a particular fixed text (or image, or recording). There is no such text for web APIs. You can come up with multiple texts (or images) all describing the exact same API. That is not the case for "plain" APIs. Plain APIs -- like all code -- do have a fixed form. But no fixed form means no copyright.
The very beginning of the definition of US copyright says[1]: "Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device" (emphasis mine). There are other requirements, but without a fixed form no copyright may apply[2].
The bits of text comprising the names of JSON fields, while fixed, are too short (and lack the necessary structure) to be considered "a work" for copyright purposes.
> So anyone is on danger of being sued by a copyright holder of an API.
That has always been the case (because it had never been settled that code APIs are not copyrightable). A different ruling may have removed that particular threat, but it didn't. It certainly didn't add new legal threats.
But let me give you this advice: If you're a big company with deep pockets and you're coming after the income of another big company with deep pockets using something that may be law-related -- expect to be sued. In fact, I don't need to give you this advice because if you're a big company with deep pockets you probably know this, as you're already in the habit of suing and/or being sued all the time.
[1]: https://www.law.cornell.edu/uscode/text/17/102
[2]: The law also says: "In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work", which is the source of Google's argument that copyright doesn't even apply to actual APIs, but that's a whole other discussion, and is far from simple. E.g. a book's table of contents could also be argued to be a procedure or a concept, yet it is certainly copyrighted. Oracle said that an API is like a table of contents. There are good arguments for arguing either way. But again, not having fixed form stops the discussion in its tracks.