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0 pointsTeeMassive5y ago0 comments

> One of the big open questions is "are APIs copyrightable?" The court skirted that question, and instead focused on whether it was fair use

Also what people fails to realize with fair use is that it is up to the defendant raise a fair use defense and then a judge has to approve of that defense as a valid one (Viva Frei explains this https://youtu.be/AzQz1LrjCWk?t=253 ).Meaning Oracle can still go on with its lawfare campaign against those who made the mistake of basing their tech on theirs.

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2 comments · 2 top-level

wtallis5y ago

Oracle would have to come up with new patent claims in order to get another case before the Federal Circuit, which is their best (only?) hope for having their API copyright claims upheld.

pwdisswordfish65y ago

Fortunately, although it is pay-to-play, it's not pay-to-win. Oracle (or any other well-heeled player) can spend half a million or more in legal fees trying to go after a small company, but that doesn't mean that company has to match costs.

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