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Carlo “Kappa” Piana
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Carlo “Kappa” Piana

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Today, 10 years ago, the European parliament rejected the Software Patent directive. http://06072005.eu/software-patents-directive
Whereas the development of the digital industry raised the issue of software legal protection, it did not take much time for most of national lawmakers to agree on the fact that due to software original nature, ie. a set of instructions presented just as a musical partition, copyright was the ...
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So the API in the States are copyrighted matter, following to US Supreme Court denial of a certiorari asked by Google?
TL;DR: probably not

https://www.eff.org/deeplinks/2015/06/bad-news-supreme-court-refuses-review-oracle-v-google-api-copyright-decision


Background.

In Europe SAS Institue v. World Programming Language set the law saying that copyright will not apply to programming languages, file formats, API. So far it's the decision going farthest in the world to create an interoperability exception to copyright.

In USA the same issue arose first in Lotus v. Borland, which has set the rule so far, similarly to what the SAS case did in Europe. Recently the issue was on the table in the Ninth Circuit, in the case Oracle v. Google, dealing with the copyright in certain Java classes replicated in Dalvik (one of the buiding blocks of Android). Judge Allsup decided largely in favor of Google, Oracle appealed, the Court of Appeal for the Federal Circuit (CACFC) remanded and incidentally ruled that Oracle had the right to claim copyright in those API.

Google applied for /certiorari/ which is an application to the SCOTUS to correct an error in the law made by the lower courts before it spreads. The SCOTUS denied it.

Discussion

Many argue that this refusal can open the floodgates to litigation against those who implement a third party API, if API were considered indeed copyrighted matter, rather than functional in nature and thus outside the scope of copyright. Which would be disastrous, I agree.

However, things are very strange procedurally, and a high authority which I cannot disclose (Eben Moglen) thinks different, and has written it in the amicus brief he wrote for SFLC. http://softwarefreedom.org/resources/2014/google_v_oracle-sflc_cert_amicus.pdf

I am quite confident that this would summarize the situation rather correctly, and I leave it to the more learned discussant to say if I'm wrong or right.

This is a very peculiar bit of a litigation where the CAFC has taken a somewhat flawed approach, where the discussion revolves around very peculiar facts, and whose outcome is not likely to change very much the case as remanded to the Ninth Circuit, never mind the law applying to API. By denying the certiorari, the Supreme Court has just exerted their right not to care about cases which have no real impact on the law.

The decision, as far as we can tell, is based on "just because". In particular, there is no conclusion to be made from this refusal as to the positions of the parties and the likelihood that the Supreme Court will or will not uphold them should a case on the same subject matter come again to the attention of the Supreme Court.

So, while the decision leaves an open wound, it is likely that this wound is a very light one. And that law on API remains the one we know since Louts v. Borland, as the CAFCT case does not have any impact.

I'm not expert in US law and litigation, but I submit that this could be less problematic than it would seem upfront. So keep calm and carry on interoperating.
Sadly, today the U.S. Supreme Court refused to review the Federal Circuit’s dangerous decision in Oracle v. Google. Oracle claims a copyright on the Java Application Programming Interface (API), and that Google infringed that copyright by using certain Java APIs in the Android OS.
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The government of Aragon (Spain) has published updates of the open source software it uses for 25 eGovernment services. The updates have been available at the repository of Spain’s Centre for Technology Transfer since late last month.
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US Supreme Court cites no less than Spiderman (actually, Uncle Ben, h/t +Federico Granata)  to deny a motion of certiorari against... Marvel: “[I]n this world, with great power
there must also come—great responsibility”

Not a joke: http://www.supremecourt.gov/opinions/14pdf/13-720_jiel.pdf

Via Daniel German
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Yep!
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Openforum Academy fellow +Andrew Updegrove has been interviewed on patents, standards, openness, innovation and a lot of interesting stuff. Plead read and share far and wide.

http://openforumacademy.org/library/meet-the-fellows-interviews/meet-the-fellows-andrew-updegrove
Maël Brunet: Hello Andrew. Can you start by presenting yourself and the work that you are involved in for readers who don't know who you are? Andrew Updegrove: Sure. I am an attorney in Boston, Massachusetts and I have been active in the standards area since around 1987.
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LastPass I gave you my word, but the very next day, you gave it away, this time to save me from tears, I'll give it to somethin' yellow and sticky
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Extremely fine weather tonight in Stockholm. Above 20 after midnight and many people in the streets. 
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Carlo “Kappa” Piana

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Oopsie. Via +Rui Seabra  +Jan Wildeboer 
 
"After a week of investigations, Microsoft has been unable to provide an explanation for failure of the Microsoft 365 cloud-based email service used by [UK] Parliament"
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They were duly warned it could happen.
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Cover Reveal! My second cybersecurity thriller - available next week
When I released my first book, I had never heard of a marketing op called a "cover reveal." Well, that was then (four years ago), and this, of course, is now. And so, with apologies to Marcus Case ...
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Aperitif on the island. Cool. 
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Incredibile,guarderò meglio, magari un bicchiere di vino da Giannino ci sta! 
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The inconvenient truth about lyrics: nobody fully understands them without looking them up, and that suits us just fine. It has been true since opera times (no, 99.999% of Italians, including me, do not fully understand what opera singers actually say, most of the time even after looking the text up). http://xkcd.com/1538/
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Swear it's not fake, just received:

===

Help Desk


Scheduled Maintenance & Upgrade

Your account is in the process of being upgraded to a newest
Windows-based servers and an enhanced online email interface inline with internet infrastructure Maintenance. The new servers will provide better anti-spam and anti-virus functions, along with IMAP Support for mobile devices to enhance your usage.

To ensure that your account is not disrupted but active during and after this upgrade, you are required to kindly confirm your account by stating the details below:

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This will prompt the upgrade of your account.

Failure to acknowledge the receipt of this notification, might result to a temporary deactivation of your account from our database. Your account shall remain active upon your confirmation of your login details.

During this maintenance window, there may be periods of interruption to email services. This will include sending and receiving email in Outlook, on webmail, and on mobile devices. Also, if you leave your Mailbox open during the maintenance period, you may be prompted to close and reopen.

We appreciate your patience as this maintenance is performed and we do apologize for any inconveniences caused.

Sincerely,

Customer Care Team

===

I have just emphasized the most hilarious and incredible bits.

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New windows to an open future?
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Education
  • Università Statale di Milano
    Law degree, 1987 - 1992
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Life: so far it's working
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IT Lawyer, Digital Liberties Advocate
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  • Array
    Founder, Lawyer, 2008 - present
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K, Kappa
Public - 3 years ago
reviewed 3 years ago
Probabilmente il massimo esperto in Italia di diritto civile. Eccellente avvocato e arbitro, oltre che raffinato e ultrarinomato giurista.
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Mi sono rivolto all'Avvocato Nemni per una questione di penale commerciale (diritto industriale) che riguardava un mio cliente e ho ricevuto un servizio eccellente, con una competenza sopra la media.
Public - 6 years ago
reviewed 6 years ago