Why Making APIs Copyrightable Is Bad News For Innovation
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Following last week's terrible ruling from the appeals court of the Federal Circuit (CAFC), a lot of people have been trying to dig into what this would mean if it stands. As we mentioned, this is far from the end of the line. Google can (and will) seek a reversal, either from the entire CAFC or the Supreme Court. And even if that is rejected or fails, the case still goes back to the district court level to determine the fair use question (which will then see its own series of appeals). In short, this is not even close to being settled yet -- which means many, many, many millions of dollars in legal fees are going to be tossed around before this is settled. That, alone, is a mess for innovators and entrepreneurs who are in a state of flux given the situation.
But, rest assured, if this ruling holds, it will be bad news for innovators. Over a year ago, Sacha Labourey had a good explanation of what's at stake here:
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