In Oracle v. Google, the Federal Circuit set precedent when it decided to grant copyright protection to APIs. This comment examines the potential impact the computer programming industry will face now that APIs are deemed copyrightable. This comment also discusses Google s success in using fair use as an affirmative defense in order to use copyrightable APIs and what that means for the rest of the computer programming industry. Due to the fast-paced and ever-changing world of technology, this comment also proposes that the abstract-filtration-comparison test is the appropriate test to be used in determining API copyrightability if the issue is raised at the Supreme Court level.
Daria Vasilescu-Palermo, APIs and Copyright Protection: The Potential Impact on Software Compatibility in the Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016)