Linked by Thom Holwerda on Wed 2nd May 2012 22:32 UTC, submitted by PLan
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Member since:
2006-01-25
What is an "API in code form"? That doesn't make any sense... An API is by definition abstract - there is no such thing as an "API in code form".
You can document an API - but what you end up with is a description of it. You can write software that implements one of both "sides" of an API, but what you end up with is an implementation of it. In either case you can copyright your work, but in neither case is your work an API...
An API is an abstract idea. The expression of the idea can be copyrighted, but not the idea itself. And contrary to what many people are saying, there is US case law supporting this distinction (lots of it actually).
The difference between US law and this particular EU judgement is that under US law (unfortunately) a license can explicitly bar a party from expressing an API (or other idea) independently. This only applies if you actually agree to such a license of course. This EU decision explicitly nullifies such license clauses.