The implications of protecting application program interfaces (APIs) by copyright: analyses on the Oracle v. Google and SAS Institute v. WPL Ltd cases

Abstract

Software protection has always been a contentious issue in the realm of copyright protection. Application programming interfaces (APIs) fall under the issues concerning the scope of copyrights when it comes to computer programs. These legislations are concerned with data and datasets, specifically the provision of legal protection and strengthening the rights of developers. This research paper looks into the copyright protection approaches adopted in the United States and the European Union. The two approaches have been largely determined by two cases: Oracle V Google in the United States and SAS Institute Inc v World Programming Ltd in Europe. As discussed, the European approach of considering APIs as copyright unprotectable is the most progressive and accommodative way considering the dynamic technological industry. In making APIs unprotectable, the law grants software developers the capacity to be creative and innovate as they develop existing APIs to create their own inventions.