Oracle Vs. Google and the Right To Use APIs
jfruh writes "Even as an EU court rules that APIs can't be copyrighted, tech observers are waiting for the Oracle v. Google trial jury to rule on the same question under U.S. law. Blogger Brian Proffitt spoke with Groklaw's Pamela Jones on the issue, and her take is that a victory for Oracle would be bad news for developers. Essentially, Oracle is claiming that, while an individual API might not be copyrightable, the collection of APIs needed to use a language is. Such a decision would, among other things, make Java's open source nature essentially meaningless, and would have lots of implications for any programming language you can name."
Intel licensed the x86 instruction set to AMD.
If an instruction set is licensable, then an API can be too...although it's unclear from what I've read if the licensing covered the instruction set itself or the right to manufacture something compatible with that instruction set. Either way, that should cover the API.
the rest of us who know what we're talking about have to sit around and wait for outsider judges and juries to decide the context of things far outside their grasp. it takes years for an engineer to become competent in these technologies, and now we have bus drivers and secretaries deciding what applies to us and our trade in the span of mere weeks. can we get specialized jury selection for cases involving specialized knowledge?
insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
We all know you're OverlyCriticalGuy / FooTech / CmdrPony / etc...
Google not allowing bots to access their site is in no way comparable to Oracle's claims. It's absurd on several levels.
Also, you must be one hell of a typist. You posted your reply one minute after the story was posted.
There's a certain amount of irony here, considering your username. An API is an interface to use something. Search results are the product of its use. There is a before-and-after, or cause-and-effect, type relationship between the two. Claiming that an API is not copyrightable has nothing to do with whether a custom, specific product produced by an API is copyrightable. It's non sequitur. Slashdot gives me an interface to type in this comment, but that does not mean that Slashdot owns what I type. One is an API to use it, and the other is the product of the API.
Your argument falls flat because it was not well constructed. Assuming it was, your second claim also falls short. Google does is not required to allow bots to use their services. Complaining that bots are being blocked doesn't hold weight. Claiming that it's a double standard because Google can hit your servers is irrelevant. Server owners have the ability to detect bots and prevent them from scanning their sites too. Google actually uses a specific user agent and has reverse DNS that resolves to google.com so that you know for sure that it's a Google bot scanning your site. Personally, I don't think anyone would want to prevent Google from scanning their web sites, and companies have failed because Google elects to stop scanning (delisting them). But if you wanted to, you certainly could. Google wouldn't complain.
Although your arguments are poorly constructed and contain multiple logical fallacies, your hostility against the delisting is interesting. Were you personally affected? Why would anyone really want to use a different search engine if that engine is simply going to show Google results? Where's the value add? Wouldn't it make more sense to nerdrage against Google's privacy policies, wardriving, de facto age discrimination, or something like that? Why pick bot filtering?
... I move to the EU.
At least there is still one region in the world where the hairless monkeys haven't gone completely insane.
He has asked the parties to brief him in light of the EU decision.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
robots.txt grumpy, if you don't want to join the link economy.
Google, apple, or any company, organization, etc.. If API's are implicitely copyrighted by definition, all open standards are suspect, all transparency, who the hell knows what happens with the concept of fair use.
The other thought was that Google's web page has never has been an API. Its an end user access mechanism to their service (which hosts a collection of useful information). If you want to use their service, you abide by their TOS which specifically forbits scraping. I've never signed an NDA for using a programming language, but it bet if I did, I'd be just as liable for breaking the terms of use as any Google scraper would be for abusing Google's service.
Bye!
This idea seems rather broken. Juries are supposed to decide matters of fact and courts are supposed to decide matters of law. Whether an API is copyrightable is purely a matter of law, not fact. What the hell's going on here? This decision is the judge's responsibility.
Oracle has never claimed that Google violated its patents (probably because it doesn't hold patents protecting the Java API).
The case was in fact about patents before it became clear that Google was very likely to prevail on Oracle's patent infringement allegations. At that point, Oracle decided to add a copyright infringement claim. The suit over U.S. Patents 5966702, 6910205, and RE38104 is still pending and will be resolved after the copyright suit concludes.
The parent is NOT an insightful post. A troll, maybe.
What Oracle is trying to claim is a new flavor of copyright on previous areas that have been declared by judges as not copyrightable. The key is, not copyrightable. Oracle is making the big reach here.
Stop trying to conflate a completely different issue here because you don't like Google.
Sun also seemed to use similar tricks in the past, IIRC, against Tomcat, JBoss, and at least one open source implementation of Java on Linux that Sun did not want to be run against their compatibility test suite, etc. In time, good sense prevailed, in that Tomcat became the blessed reference implementation for a Java web app server, the OS Java clone was allowed to run against Sun's tests after much pressuring by various groups (and Sun actually put some effort into Linux-based versions of Java ecosystem, etc). But at least they didn't have the temerity to outright claim "copyright infringement" back then. It was as ludicrous then as it is now.
The question submitted to the jury was one of fact: "Let's pretend that the API is copyrightable. Was it copied?" After the answer comes back, the judge will decide the question of law as to whether it was copyrightable in the first place.
You are mistaken, Google does not attempt to copyright its search results. In fact, they found Bing was copying their search results and publicly shamed them about it, but never claimed infringement of any kind.
Wouldn't Oracle be guilty of this, as well, to some extent? Oracle couldn't possibly be using a 100% "clean" environment for their product or development systems. If they use C and standard libraries, they're using, in effect, copyright-able APIs.
If API's can be restricted like this, it would go far beyond simple languages. Think about the concept of what an API actually is..
Even something as apparently benign as replacement parts for your washer could be restricted and eliminate cheaper 3rd party parts. Even if its not electronic in nature, just claim that nothing can be compatible enough to hook up to your 'widget connector version b'.
---- Booth was a patriot ----
So, all this bandwidth waste was triggered by my own stupidity. I asked Google to download all the images to create the thumbnails in Google Spreadsheet. Talking about shooting myself in the foot. I launched the Google crawler myself.
You're using Google's service, so you have to play by their rules. They have no obligation to give you their data in the exact way you want.
Again, it's incredible stupid to compare this to Oracle's actions -- there's no basis whatsoever for you to make this connection. You seem to be arguing that because Google won't let you get your way they shouldn't be able to defend themselves when sued. That, or something equally childish and inane.
ColdFusion was about the only language (in my experience - sure there's others) that you needed to pay for the runtime for your code (in a production environment; development version was free; The "Express" version went away around 2001 or so). Then along come Railo and Open BlueDragon, and there were open source alternatives. The "language" itself is pretty basic (most developers get by using just 5 tags), but the power of it comes when you use the various feature tags that are more akin to APIs (cfchart, cfpdf, cfsearch, etc). Railo and OpenBD of course implement all these tags. Whereas Oracle doesn't "sell" Java, Adobe sells ColdFusion - if Oracle wins, Adobe has 100% motivation to eliminate their competition. (Should also point out that OpenBD's lineage comes from New Atlanta, which sells commercial version of Blue Dragon - MySpace was built on this.)
The best thing about a boolean is even if you are wrong, you are only off by a bit.
Not the same. You use Google's API to access their service. Very different from a programming API. Google has no obligation to let you access their services for free, they choose to do so, and also choose to make those people who want to access their services programmatically pay for the privilege.
You don't pay to use the API, you pay to access their data on their servers. You must know this.
This is a little different. You are free to implement your own search engine and implement a Google RESTful API but do not actually hit google.com. If Google objected to (or demanded payment) for you using their API independent of their services, then it would be the same thing.
This pathetic attempt to blame Google for the fact that we may never be able to use free or documented APIs ever again is ridiculous. Oracle, Apple, and Microsoft started this war with software-patents. And now Oracle is trying to get APIs ruled as copyrightable. It's really egregious behaviour on the part of these incumbent tech corporations to use these sleazy litigation tactics against any successful open source product. Just spare us the bullshit. Microsoft promised this war way back with their Halloween documents and now they are getting help from Oracle and Apple.
The VM itself? No. But they did base their class libraries on Apache Harmony, a clean room implementation of the Java APIs. [for which Sun refused to license the Java Compatibility Kit anyway - the shenanigans started long before Larry got involved]
What are you talking about?
I see no evidence that Google is asserting copyright over search results. Go ahead do a search and look for a copyright symbol...there is none.
https://www.google.com/search?q=linux
As a comparison do a Bing search and Microsoft does assert its copyright at the bottom of every page.
http://www.bing.com/search?q=linux
Copyright has nothing to do with terms of service. Google is under no obligation to let you or anyone else use their service in a way they don't want. That's completely different than Oracle asking the government to fine Google for supposedly violating their copyright on something that is possibly not copyrightable like an API. Oracle is not alleging that Google violated a terms of service. They are alleging that Google needed a license in order to copy copyrighted material.
Google created their service and for the most part they can decide how the service is used. If someone is using their service in a way that hurts Google they are within their legal or moral rights to not provide that service in a way that hurts them. Just like as a website operator I can decide how my web server is used. I can choose to ban Google's IPs if I don't want them to access my service. I can use a robots.txt file to instruct their HTTP agent to ignore certain pages. If my website's content is copied in a way that is not covered by fair use I can ask the government to fine those who are violating my copyright but that is separate from determining what IPs may use my web server as a service. Just like Google could choose to ask the government to fine someone who violated their copyright in a way that is not covered by fair use.
Can you cite any references where Google has alleged that someone violated their copyright on a search result that you believe is covered by fair use?
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I can't see how this is even remotely relevant to the topic at hand. All it sounds like is you have a bone to pick. The fact that Google references other peoples' content - which, as a search engine, is by definition what they're supposed to be doing - does not mean that their service is not value-added, and that they are not entitled to withhold the results of their algorithms from other people wanting to programatically utilize those results for their own purposes. If search were easy, and not resource intensive, there would be more search engine competitors and people wouldn't keep coming back to Google. I see no reason they shouldn't be allowed to protect those results from people violating their completely reasonable terms of use (the darn thing is free already, what more do you want?), and you haven't provided one.
What, exactly, is your reason? Google custom search engines are a perfectly viable option for most use cases, but apparently you'd like to pass off their search results are your own, or you'd like to create an ad-free version of Google? I have no idea, because, again, you haven't actually given a reason why you should be allowed to do something that, in general, I don't think should be allowed. Why should a competitor be allowed to scrape Google's search results?
You like straw men, apparently. Anyone who doesn't like Google hitting their servers can easily disable indexing entirely, or rate limit the indexing process. That is, Google actually respects robots.txt files, which is more than I can say for a huge number of other crawlers out there on the Internet. Before you go complaining about something that can actually be controlled by a halfway competent sysadmin, maybe you should worry more about the bots that don't actually play by the rules, and have no intention of doing so? They're far more of a problem.
Judge Alsup is pleading the Seventh: "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." This way, the jury's verdict on the facts is on the books no matter what questions of law the Court of Appeals remands back to Alsup, and there's no need for an expensive retrial.
And Dennis Ritchie's estate would like to talk to them about all the royalties they need to cough up for using the c standard library.
And Bjarne Stroustrup and Bell Labs want to talk to them about royalties for using classes, and the whole dot syntax, and the whole of Java being just a poor man's c++.
There is absolutely no way that Oracle is going to win this one - even they know that the immediate consequences would be disasterous for them, as the whole world drops Java for anything else.
Let's call it what it is, Anti-Social Media.
It seems that if Oracle successfully argues this point, everybody that provides Oracle with a library is going to demand a license fee. Imagine if Brian Kernighan decided that the C standard library ought to be generating more (well, some) income...
When I search Google for "Oracle", I'm quite surprised to find the first hit is not for the goatse.cx guy. Perhaps they're waiting to do that until after the case is over?
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
You don't need to hit refresh, you just buy a subscription and see the story turn up with a red banner half an hour before comments are permitted. Of course, if he'd done that then I'd expect a relevant post, rather than the obligatory barely-on-topic rant about Google that seems to crop up in every story about Google. I'm not exactly a fan of Google (or any other major tech company at the moment), but can we try to keep the criticisms on topic please?
I am TheRaven on Soylent News
Tried the links -- and the Bing link didn't show the copyright notice anywhere. Then I realized that Bing has identified my country, India. Clicked on that, changed it to United States - English ... lo and behold, the copyright notice appeared at the bottom of the page!
Now what's going on?