Obama Administration Files Totally Clueless Argument Concerning Software Copyrights In Supreme Court

[LiberalArkie]

https://www.techdirt.com/articles/20150526/16550931121/obama-administration-files-totally-clueless-argument-concerning-software-copyrights-supreme-court-case.shtml

The Obama administration made a really dangerous and ignorant argument to the Supreme Court yesterday, which could have an insanely damaging impact on innovation -- and it appears to be because Solicitor General Donald Verrilli (yes, the MPAA's old top lawyer) is absolutely clueless about some rather basic concepts concerning programming. That the government would file such an ignorant brief with the Supreme Court is profoundly embarrassing. It makes such basic technological and legal errors that it may be the epitome of government malfeasance in a legal issue.

We've written a few times about the important copyright question at the heart of the Oracle v. Google case (which started as a side show to the rest of the case): are software APIs covered by copyright. What's kind of amazing is that the way you think about this issue seems to turn on a simple question: do you actually understand how programming and software work or not? If you don't understand, then you think it's obvious that APIs are covered by copyright. If you do understand, you recognize that APIs are more or less a recipe -- instructions on how to connect -- and thus you recognize how incredibly stupid it would be to claim that's covered by copyright. Just as stupid as claiming that the layout of a program's pulldown menus can be covered by copyright.

The judge in the district court, William Alsup, actually learned to code Java to help him better understand the issues. And then wrote such a detailed ruling on the issue that it seemed obvious that he was writing it for the judges who'd be handling the appeal, rather than for the parties in the case.

Unfortunately, the judges at the federal circuit court of appeals (CAFC) didn't pay attention and made a completely ignorant ruling, in which it became so clear that they didn't understand the difference between software and an API that it was almost embarrassing. The decision quoted people in ways that were completely out of context, where the CAFC judges clearly misunderstood what was being said. This ruling would fundamentally kill off important forms of innovation if allowed to stand. It would be a disaster.

SNIP


https://www.techdirt.com/articles/20150526/16550931121/obama-administration-files-totally-clueless-argument-concerning-software-copyrights-supreme-court-case.shtml