RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-24 Thread Brian Behlendorf
On Mon, 23 Apr 2001, marc fleury wrote: > |answers to questions such as the one raised originally by Bruce Behlendorf > > > that's one scary animal... the apache head is a comedian? Evil twin brother. Jus

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-24 Thread marc fleury
|answers to questions such as the one raised originally by Bruce Behlendorf that's one scary animal... the apache head is a comedian? marc

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-23 Thread phil hunt
On Sun, 22 Apr 2001, Angelo Schneider wrote: > phil hunt wrote: > > > > On Fri, 20 Apr 2001, Angelo Schneider wrote: > > > Hi! > > > > > > In Europe APIs are not "copyright able". > > > No idea about the US. > > > > > > However if you publich them in a book, the book of course is > > > copyright

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-22 Thread Angelo Schneider
phil hunt wrote: > > On Fri, 20 Apr 2001, Angelo Schneider wrote: > > Hi! > > > > In Europe APIs are not "copyright able". > > No idea about the US. > > > > However if you publich them in a book, the book of course is > > copyrighted. > > However you can not prevent anyone to write a software a

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread phil hunt
On Fri, 20 Apr 2001, Angelo Schneider wrote: > Hi! > > In Europe APIs are not "copyright able". > No idea about the US. > > However if you publich them in a book, the book of course is > copyrighted. > However you can not prevent anyone to write a software against a given > API. > Same is true f

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Brian Behlendorf
On Fri, 20 Apr 2001, Lawrence E. Rosen wrote: > Even if a company were to argue successfully that its API is *both* > expressive and substantive, and thus protectible as copyrightable subject > matter, I would argue that access to the API for the purpose of preparing > independent (compatible or i

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Rod Dixon, J.D., LL.M.
> -Original Message- > From: Lawrence E. Rosen [mailto:[EMAIL PROTECTED]] > Sent: Friday, April 20, 2001 11:24 PM > To: [EMAIL PROTECTED] > Subject: RE: copyrightable APIs? (was RE: namespace protection > Finally, one CAN use trademark law -- with all its strengths and > weaknesses -- to

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-21 Thread Angelo Schneider
Hi all! Rod Dixon wrote: > > > > Those are very good thoughts, if I may say so. > Rod > > On Fri, 20 Apr 2001, Chloe Hoffman wrote: > > > > > I am not sure I see how 102(b) should exclude APIs from copyrightable > > subject matter as an absolute matter. Surely some aspects of an API may > > fa

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Lawrence E. Rosen
>> I have a slightly different question about API's and copyrights. >Suppose one >> has an API that acts as a specification for access to a library >and perhaps >> a sample implementation. I dont care if someone creates another >> implementation of the API, in fact I want to encourage other people

RE: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Brian Behlendorf
On Fri, 20 Apr 2001, Fred Patrick wrote: > I have a slightly different question about API's and copyrights. Suppose one > has an API that acts as a specification for access to a library and perhaps > a sample implementation. I dont care if someone creates another > implementation of the API, in fa

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
On Fri, 20 Apr 2001, Chloe Hoffman wrote: > > Do you have any basis for the "better" view? Also, how does it better > serve the purposes of copyright? Well, I said I *THINK* the better view is... In other words, I was expressing an opinion. The reason why I think it is the better view is becaus

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
Those are very good thoughts, if I may say so. Rod On Fri, 20 Apr 2001, Chloe Hoffman wrote: > > I am not sure I see how 102(b) should exclude APIs from copyrightable > subject matter as an absolute matter. Surely some aspects of an API may > fail because of various doctrines such as merger, sc

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
I doubt whether we will resolve the copyrightability question. I think the better view is that an API is not copyrightable subject matter. I also think that viewing an API as such better serves the purposes of copyright law. Even so, I agree that the more important question is if you assume that a

Re: copyrightable APIs? (was RE: namespace protection compatiblewit

2001-04-20 Thread Rod Dixon
This is the issue I was hinting at. I do not believe that as a general matter that APIs should be copyrightable under U.S. copyright law since section 102(b) of the Copyright Act should exclude APIs from copyright subject matter. Having said that, I admit the issue seems unresolved since both Micr