[Discuss] can you copyright an API?

[blu at nedharvey.com (Edward Ned Harvey)]

> From: discuss-bounces+blu=nedharvey.com at blu.org [mailto:discuss-
> bounces+blu=nedharvey.com at blu.org] On Behalf Of Derek Martin
> 
> The GPL *IS* the license from the patent holder.  It explicitly grants
> you that right.

Only if the patent holder granted you GPL on something they patented...  And
you steadfastly obeyed the terms of GPL.  But if they released something
(unpatented) under GPL, and you gutted it and started writing new stuff in
there that infringed some patents, you would be unprotected (because the
patented thing wasn't included in the GPL code they released).  Or, if they
released something (patented) under GPL, and you infringed their patent
under something that wasn't derived from what they released...  Then you'd
still be unprotected.

In the Oracle v Google case...  First of all, I don't know if the alleged
patent infringement is something that was released under openjdk...  But
even if it is, that's irrelevant, because google didn't base what they did
from openjdk.

So, if the allegedly infringed patent(s) are included in openjdk, then using
the GPL code from openjdk could have saved Google.  Otherwise, not.