[GTALUG] Google wins over Oracle in Java API copyright suit
Nicholas Krause
xerofoify at gmail.com
Tue Apr 6 14:47:54 EDT 2021
On 4/6/21 2:17 PM, D. Hugh Redelmeier via talk wrote:
> | From: Russell Reiter via talk <talk at gtalug.org>
> |
> | I read that article with interest after I had used a pharmacological/health
> | sciences metaphore about copyright in another thread.
>
> Most drugs are "protected" by patent legislation. Very different from
> copyright.
>
> Perhaps surprisingly, trademark law is very helpful to drug companies
> because what something is called may matter more than what it is.
Yes one of my family members stated this about aspirin after working
at Bayer. They stated the cost was basically 3 to 4 times the regular
non traded medicine even through it was the same. Most people still
bought aspirin through. Happens all the time with other medicines as
well.
>
> | You may use other copy protected work under fair use if it adds value to
> | the proposition. I think this decision makes that pretty clear.
>
> There are a few tests for US Fair Use. Do you think that
> "transformative" is the same as you meant by "adds value"?
>
> <https://en.wikipedia.org/wiki/Transformation_(law)>
I'm not a lawyer but to my knowledge there can be overlap. It really
comes now to content again. For APIs the content is clearly no but
perhaps in other cases it is. For example, translations add value but
are considered transformative in nature. Content in the legal system
is always critical.
Nick
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