If you’re feeling a bit confused about what the US Supreme Court actually decided in the Google vs. Oracle case, you’re not alone. The common takeaway — that “Google won” with the court finding that Google’s use of the Java API did not violate copyright law — is true, but it only scratches the surface. Google presented two major arguments in its defense: first, that APIs (Application Programming Interfaces) are not copyrightable, and second, that even if they are, Google’s use of the Java API within Android was protected under the fair use doctrine.
However, the Supreme Court chose not to tackle the first question, which was arguably the more crucial of the two. In his opinion, Justice Stephen Breyer stated, “Given the rapidly changing technological, economic, and business-related circumstances, we believe we should not answer more than is necessary to resolve the parties’ dispute.” This decision is a relief for Google and other tech companies, as it means that the court avoided a ruling that could have had “disastrous consequences for innovation,” as Microsoft noted in its amicus brief in support of Google.
What we’re left with, then, is an industry that remains uncertain about whether APIs are copyrightable. On the positive side, however, the ruling supports a generous interpretation of fair use, especially when it comes to the issue of interoperability and developer utility. This central focus on utility could help maintain a degree of flexibility in how developers approach and use APIs.
The potential implications of treating APIs as copyrightable are extensive. Developers would be forced to unlearn decades of established practices, while business interests could impose tolls on their APIs, effectively monetizing them. Compatibility across different software products could also become more challenging, potentially solidifying the dominance of big corporate interests and creating significant barriers to entry for smaller players in the tech space.
In a way, the industry remains in a precarious position, not much farther removed from a future where copyrightable APIs could transform the landscape entirely. The Supreme Court’s decision to avoid addressing the question of copyrightability leaves us with a situation where developers could still face legal and business challenges related to APIs. Given the justices’ apparent lack of understanding of what an API actually is or does, it might have been a wise move to sidestep the issue entirely. However, it also means that the potential for a more decisive ruling on copyrightability remains just beyond the horizon.