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06.29.15

Google’s Fight to Keep APIs Free is Lost, Let’s Hope Google Continues Fighting

Posted in Apple, Google, Intellectual Monopoly, Microsoft, Patents at 2:42 pm by Dr. Roy Schestowitz

SCOTUS says no entry!

No entry sign

Summary: SCOTUS refuses to rule that APIs cannot be considered copyright-’protected’, despite common sense and despite Java (which the case is about) being Free/libre software

FOR anyone who has been paying attention, Oracle‘s hostility towards Android is not hard to understand. It is a CPTN member along with Microsoft and Apple and it has shown on numerous occasions over the years that it is eager to antagonise and badmouth Free software. Oracle killed many of the projects that it bought from Sun. Google, on the other hand, is at least trying to appease the Free software community and it has made Android (AOSP) an ‘open’ platform, even if most developers contribute just proprietary software to run on it.

Many of our readers have probably heard the big news by now. SCOTUS has aligned itself with foes of software development [1, 2, 3] (not just Free software development), reaffirming the ridiculous judgement from CAFC. Now that SCOTUS reaffirms the status of APIs as copyrightable, adding to mass surveillance with NDAs and software patents in the United States, why would software companies still choose to be there?

To give Google some credit, it did fight over this matter for nearly half a decade. After pressure from the clueless White House (exactly one month ago), however, reuse of APIs may be impossible and collaborative development with forking may soon be toxic. Today is a horrible day for software development in general and it’s not too clear to us what Google can do next. Some certain types of lawyers probably know Google’s next steps or options and knowing that this ‘legal’ system favours the deeper pockets, there is usually something someone can do given the correct fees (just see how long the SCO case goes on for).

“Google will hopefully continue to fight that case, whatever its options may be.”One reader of ours was disappointed with this article that FOSS Force published today, comparing Google to Microsoft. “Revisionism,” he said, “especially that closing sentence. People hate Microsoft not for the sake of hating Microsoft but because of how it (and its people) behaves and has behaved. It has held computing back at least 20 years and the damage spreads into all domains where desktop computers are used.

“It’s just that Microsoft pays for constant whine against Google. While Google has many shortcomings, it is not a problem like Microsoft has been and continues to be.”

“But on the topic of Google,” he continued, “here’s something fairly current with yet another ****up by SCOTUS” (he linked to the above news).

Google will hopefully continue to fight that case, whatever its options may be. As for Microsoft and Apple, they surely will keep trying to harm the market. They often work together these days (mostly true when it comes to patents, OOXML, DRM, and so on) and as this article by Galen Gruman reminds us:

If you thought Microsoft was finally treating the Mac as an equal citizen, you’ll be disappointed in the reality

Remember that Microsoft and Apple are both on Oracle’s anti-Android side (even publicly, on numerous occasions). These are all proprietary software giants, aspiring to control the entire market by patents, copyrights, litigation, and intimidation. Google simply does not fall under the same category. It deserves the public’s support in this particular case.

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