The new core.sys.windows

[Jonathan M Davis via Digitalmars-d]

On Thursday, 15 October 2015 at 15:55:09 UTC, Kagamin wrote:
> On Thursday, 15 October 2015 at 15:00:26 UTC, Steven 
> Schveighoffer wrote:
>> You can't copyright a *single* declaration. So if I tell you 
>> there's a function called CreateFile, and it takes these 
>> parameters, you can write a declaration in a d file, and it's 
>> not an infringement of the original header file. The word 
>> "CreateFile" can't be copyrighted by itself.
>
> I'm afraid, retelling is still a copy :)
> But as I read more into the Brief, looks like Google tried to 
> foreclose copyright for declarations for being method of 
> operation, which fails (and I agree with that). Then Solicitor 
> General recommends fair use defense to address feared effects 
> on software development (and almost surprised notes that Google 
> didn't go that way for some reason).

IIRC, if they had won the way that they were trying to, it would 
have been farther reaching - legally speaking. With fair use, you 
have to argue each instance of it, whereas with a broader ruling 
that's not tied to fair use, they might have gotten a ruling that 
would apply to more than just this case - especially if the 
Supreme Court ruled on it. But IANAL.

As I understand it though, there is definitely fear in the 
software community at large that the ruling on this case could 
have a devastating effect on APIs. Pretty much all of the 
software folks agree that copyrighting them makes no sense. It 
would completely destroy interoperability. But what the actual 
legal situation will end up being is another question entirely.

In this particular case though, since the headers are in the 
public domain, it really shouldn't matter what happens with the 
Oracle case. And while MS has done plenty of stupid and/or evil 
stuff over the years, I don't think that they're anywhere near 
stupid enough to go after anyone for creating bindings to their 
APIs and actually trying to use them. They _want_ you to use 
them, because they want you to use their products and to write 
software for their products. So, I really don't think that we 
have anything to fear here.

- Jonathan M Davis