Judge William Alsup says an API is kinda like this. Image: twechy/Flickr
Oracle said the Java APIs were like a beautiful painting. Google said they were more like a file cabinet. And in the end, Judge William Alsup came closest to agreeing with Google, comparing an API to a library that organizes the Java programming language.
“Each package is like a bookshelf in the library,” Alsup wrote with last week’s much-anticipated ruling in the epic legal battle between Google and Oracle. “Each class is like a book on the shelf. Each method is like a how-to-do-it chapter in a book. Go to the right shelf, select the right book, and open it to the chapter that covers the work you need.”
His ultimate point was that the organization of a library is not subject to copyright. Yes, he said, the books are copyrightable, but not the way the books are organized.
In other words, Google did not infringe on Oracle’s copyright when it cloned 37 Java APIs in building its Android mobile operating system. Though Google copied the organization of the APIs, it built the code behind them on its own — or at least mostly on its own. “The Java and Android libraries are organized in the same basic way but all of the chapters in Android have been written with implementations different from Java but solving the same problems and providing the same functions.”
With his ruling, Judge Alsup effectively brought an end to the six-week trial over Google’s use of Java in Android. After suing Google in 2010, claiming both copyright and patent infringement, Oracle had sought a portion of Google’s Android revenues, but in the wake of Alsup’s ruling, it’s entitled to almost nothing — though the database giant has already said it will appeal.
“This reaffirms our longstanding understanding of the law: that these APIs were free for anyone to use as we did, taking just the declarations and doing our own independent implementations. That’s the way developers use Java. You can’t say a language is free for everyone to use and then hold back the nouns and the verbs.” – Google
If Alsup had ruled otherwise, says Bret Bocchieri, an intellectual property lawyer with the international law firm Seyfarth Shaw LLP, Oracle could have potentially reaped a “mind-staggering amount” of damages. But he didn’t.
What’s more, Alsup’s ruling allows a world of software companies and individual developers to breathe a sigh of relief. In the software world, cloning APIs is a common practice. Several cloud platforms, for instance, mimic the APIs of Amazon’s massively popular Elastic Compute Cloud. An API is an application programming interface, a way for two pieces of software to talk together, and the general assumption has always been that these interfaces are not subject to copyright. When Oracle tried to argue otherwise, it caused at least a little hand-wringing among software outfits across the industry. But on Thursday, Alsup put an end to all that.
“To accept Oracle’s claim would be to allow anyone to copyright one version of code to carry out a system of commands and thereby bar all others from writing their own different versions to carry out all or part of the same commands,” read his 41-page brief. “No holding has ever endorsed such a sweeping proposition.”
Ed Walsh, an attorney with the international law firm Wolf Greenfield, isn’t surprised by the ruling. But he also says that we shouldn’t necessarily view the ruling as a decision that frees all APIs from copyright. He believes that the judge may have ruled in favor of Google at least in part because Sun, the original maker of Java, allowed Google to clone the APIs. Oracle sued Google after acquiring Sun.
“I think some element of the influence [for the ruling] was the view that Sun allowed people to use Java,” Walsh said. “So that expanded the range of things [Oracle] could not protect by copyright.”
Catherine Lacavera, Google’s director of litigation, says much the same thing. “This reaffirms our longstanding understanding of the law: that these APIs were free for anyone to use as we did, taking just the declarations and doing our own independent implementations,” she told Wired. “That’s the way developers use Java. You can’t say a language is free for everyone to use and then hold back the nouns and the verbs.”
But Alsup goes much further, using great detail in describing what the Java APIs are and how they should be treated under the law. His library metaphor is an apt one. But he doesn’t stop at metaphors. He seems to truly understand APIs. He realizes there’s a difference between copying an interface and copying the code behind an interface.
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