The Electronic Frontier Foundation (EFF) filed a brief with the Supreme Court of the United States today, arguing on behalf of 77 computer scientists that the justices should review a disastrous appellate court decision finding that application programming interfaces (APIs) are copyrightable. That decision, handed down by the U.S. Court of Appeals for the Federal Circuit in May, up-ended decades of settled legal precedent and industry practice.
Signatories to the brief include five Turing Award winners, four National Medal of Technology winners, and numerous fellows of the Association for Computing Machinery, IEEE, and the American Academy of Arts and Sciences. The list also includes designers of computer systems and programming languages such as AppleScript, AWK, C++, Haskell, IBM S/360, Java, JavaScript, Lotus 1-2-3, MS-DOS, Python, Scala, SmallTalk, TCP/IP, Unix, and Wiki.
"The Federal Circuit's decision was wrong and dangerous for technological innovation," EFF Intellectual Property Director Corynne McSherry said. "Excluding APIs from copyright protection has been essential to the development of modern computers and the Internet. The ruling is bad law, and bad policy."
From Electronic Freedom Foundation
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