Brief of Amici Curiae Computer Scientists in Oracle America Inc., v. Google Inc., No. 2013-1021 (Fed. Cir.)

Abstract

The freedom to reimplement and extend existing APIs has been the key to competition and progress in the computer field — both hardware and software. It made possible the emergence and success of many robust industries we now take for granted — such as industries for mainframes, PCs, peripherals (storage, modems, printers, sound cards, etc.), workstations/servers, and so on — by ensuring that competitors could challenge established players and advance the state of the art. Thus, excluding APIs from copyright protection has been essential to the development of modern computers and the Internet. For example, the widespread availability of diverse, cheap, and customizable personal computers owes its existence to the lack of copyright on the specification for IBM’s Basic Input/Output System (BIOS) for the PC. Companies such as Compaq and Phoenix reimplemented IBM’s BIOS without fear of copyright claims, making PC clones possible. And the open nature of APIs was essential to many modern computing developments, including those of operating systems such as UNIX, programming languages such as C, the Internet’s network protocols, and cloud computing.The uncopyrightable nature of APIs spurs the creation of software that otherwise would not have been written. When programmers can freely reimplement or reverse engineer an API without the need to negotiate a costly license or risk a lawsuit, they can create compatible software that the interface’s original creator might never have envisioned or had the resources to create. Moreover, compatible APIs enable people to switch platforms and services freely, and to find software that meets their needs regardless of what browser or operating system they use. Without the compatibility enabled by the open nature of APIs, consumers could be forced to leave their data behind when they switch to a new service. The freedom to reimplement APIs also helps rescue software or data — systems whose creators have either gone out of business or abandoned their product in the marketplace. Government entities and non-profits are especially susceptible to the orphan programs problem as they often cannot afford to upgrade and are left using legacy technologies for years or decades. When a popular computer platform or service shuts down, the ability to freely reimplement APIs protects the communities that rely on that software. The Federal Circuit's decision will determine whether or not APIs continue to remain open and thereby enable competition and innovation among software developers, and enable access to information and affordable technology for users. Should the Court reverse Judge Alsup’s well-reasoned opinion, it will hand Oracle and others the ability to monopolize any and all uses of systems that share their APIs. API creators would have veto power over any developer who wants to create a compatible program — regardless of whether she copies any literal code from the original API implementation. That, in turn, would upset the settled business practices that have enabled the American computer industries to flourish, and choke off many of the system’s benefits to consumers.* NYU law students Sam Zeitlin and Charlotte Slaiman assisted in the preparation of this brief.