Is this a doctrine, or explicit law? On Sat, Jun 29, 2019, 13:59 Patrice-Emmanuel Schmitz via License-discuss < license-discuss@lists.opensource.org> wrote:
> As far the European law could be applicable, I just confirm that, for the > purpose of interoperability between several components and when you are the > legitimate owner or the legitimate licensee of these components, there is a > copyright exception regarding their APIs. APIs escape to copyright , > meaning also that no license may restrict their reproduction as soon the > aim is to make the various components working together. By the way, > regarding linking, this invalidates also the theory of strong copyleft, in > my opinion. > All the best, > Patrice-Emmanuel > > Le sam. 29 juin 2019 à 15:08, Pamela Chestek <pam...@chesteklegal.com> a > écrit : > >> >> On 6/28/19 11:40 PM, Bruce Perens via License-discuss wrote: >> >> >> *Until now, the principle of copyleft has only been applied to literal >>> code, not APIs. The license submitter’s proposal is for a copyleft effect >>> that would apply to new implementations of the API even when the underlying >>> has been written from >>> scratch. >>> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-April/004056.html >>> <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-April/004056.html>. >>> The license also makes this extension even if the legal system would not >>> extend copyright (and therefore copyleft) so far. During the license-review >>> process some commentators objected to this extension of the copyleft >>> principle this far. However, the license review committee does not believe >>> that there was sufficient discussion representing all points of view on >>> the license-review list and so does not reject the license for this reason. >>> The license submitter should also be aware that the OSI was a signatory on >>> a brief submitted to the U.S. Supreme Court advocating against the >>> copyrightability of APIs. APIs are also known to be outside the scope of >>> copyright under European law. We are consequently uncomfortable endorsing >>> an application of copyright law to APIs in any form without further >>> discussion.* >>> >> >> The successful application of copyright to APIs would be a disaster for >> Open Source software, in that we would no longer be able to create Open >> versions of existing APIs or languages. Consider that the GNU C compiler is >> the bootstrap tool of Open Source. Now, consider what would have happened >> if copyright protection had prevented independent implementations of the C >> language. >> >> So, it's a bad idea for us to in any way accept the application of API >> copyright today. >> >> If we actually *get *API copyrights enforced against us broadly, we >> would obviously have to change our strategy. But until then, we shouldn't >> go there. >> >> >> >> _______________________________________________ >> License-discuss mailing list >> License-discuss@lists.opensource.org >> >> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >> > > > -- > Patrice-Emmanuel Schmitz > pe.schm...@googlemail.com > tel. + 32 478 50 40 65 > _______________________________________________ > License-discuss mailing list > License-discuss@lists.opensource.org > > http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >
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