[GTALUG] Google wins over Oracle in Java API copyright suit

[Russell Reiter]

On Tuesday, 6 April 2021, D. Hugh Redelmeier via talk <talk at gtalug.org>
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.


Quite so. In Oracles case I believe the issues of patent were tossed right
away leaving only the issue of copyright


>
> Perhaps surprisingly, trademark law is very helpful to drug companies
> because what something is called may matter more than what it is.
>
> | 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 believe the article indicates in this case and most likely for those
similar to it, the test is twofold. The issue of the facts is for the jury
to decide, the issue of law is for the judge.

I believe that for educational purposes a school may copy the entire text
of a play for the drama department, which the students may then use for
their schools production. I think the transformation in that case may be in
the supposition that, education is always a value added proposal for
society as a whole. This transcends the rights of the rights holder to
burden the users with the normal fee the creator would be entitled to. When
the work is done by professionals who then make financial gains from it,
that is a different kettle of fish.

This might be why this case took ten years to settle. There were quite a
number of equitable factors to be considered.

There is the concept in natural law that just because you have an idea,
that doesn't necessarily make it only your own. All the modern world is the
sum total of the arts, artifice and artifacts of the historical record. No
one person today could claim that as their own. However that doesn't
necessarily stop people from trying.


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-- 
Russell
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