The Committee for Justice held this panel discussion about the decision in Google v. Oracle. Featuring Adam Mossoff Professor of Law at Antonin Scalia Law School, George Mason University Zvi Rosen Assistant Professor at the Southern Illinois University School of Law, Steven Tepp President & CEO of Sentinel Worldwide, and moderated by Curt Levey, President of the Committee for Justice.
The discussion is terribly slanted and (like the Court) ignores the fundamental difference between Java Call Outs for API code and API programs. Justice Thomas’ dissent is itself a terrible frolic and detour of reasoning.
The point of the discussion–and the reason the opinion is so awful–is that the Court declined to render a decision on the copyrightability of APIs. Had it done that and held, under merger, that the APIs do not qualify for protection, that would have been a rational outcome which people of good intent could debate on the merits. As it is, Breyer’s stuffing a copyrightability question into prong two of the fair use test is simply bad law.