What’s an API?
APIs are bits of software code which enable developers to quickly and easily build programs that integrate with a specific platform or piece of software, saving the developer from needing to write the code for commonly-used functions. For example, both Android and iOS have APIs that enable developers to trigger such functions as using a calendar, making a phone call, opening a file, or opening a web browser. This saves developers time and effort, and gives users a consistent experience.
The arguments
In one corner is Google, which created the Android operating system and incorporated APIs for the Java programming language so that developers already familiar with Java could more easily create programs that would work on Android. In the other corner is Oracle, which isn’t being paid by Android for using Java APIs in millions of devices. Over 40 amicus curiae (“friend of the court”) briefs have been filed; the entire software industry is concerned about this case.
Google’s position is that it used only the software interface to tell Android to perform certain functions, but that it created its own “implementing code” to control how those functions actually worked. It argues that an API is a “method of operation“, and therefore is not protected by copyright. Oracle’s position is that the APIs are a form of creative expression, which is protected by copyright. As you might guess, this is generally pretty dry stuff, but it’s critical to how software works.
Microsoft supports Google – wait, what?!
The case also shows how software development has changed in the past 20 years. Microsoft’s amicus brief supports Google’s position even though the companies are usually fierce opponents, and points out that software development has become collaborative, rather than siloed. Essentially, computer programs can be built faster and with greater functionality because they work together.
What’s next
Because circuit courts differ on this issue, the Supreme Court granted certiorari and will possibly hear oral argument in March 2020. (Update: one day after I wrote this, the Supreme Court set oral argument for March 24, and eventually delayed it until October 7, 2020.) While it’s important to protect innovation and creative expression, we are more productive precisely because software works together pretty seamlessly. This case will affect us all, so buckle up – it’s bound to be a bumpy ride.
