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Proof of copyrightability is easy to come by. Just see Johnson Controls v. Phoenix Control Systems where it says:
(12) Source and object code, the literal components of a program, are consistently held protected by a copyright on the program. See, e.g. CMS Software Design Sys., Inc. v. Info Designs, Inc., 785 F.2d 1246, 1249 (5th Cir.1986) (source code); Apple, 725 F.2d 521 (object code). Whether the non-literal components of a program, including the structure, sequence and organization and user interface, are protected depends on whether, on the particular facts of each case, the component in question qualifies as an expression of an idea, or an idea itself.And there you have it. The API is part of the structure, sequence and organization and user interface and therefore is potentially copyrightable. However actually achieving copyright protection requires a higher bar than for just copying literal text. In Oracle's case the bar is going to be even higher. In their case even if the court rules that it was copyrightable, Google can argue that Oracle has years of telling people that they have no copyright interest on code that has copied elements of those APIs in their own code (by using them), and therefore by the doctrine of unclean hands can't now turn around and sue someone over that copyright. As always I am not a lawyer and this is not legal advice. It is merely my lay opinion that there are court rulings that support the claim that APIs are potentially copyrightable, but the bar to winning copyright is very high, and even if Oracle is ruled to have copyright, they still are likely to lose their case In reply to Re^4: Copyright on languages
by tilly
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