How to Survive the API Copyright Apocalypse(and supercharge the API Economy)

Steven Willmott, API Days Paris, 14th December 2016Paris France

https://creativecommons.org/licenses/by-sa/3.0/us/

https://creativecommons.org/licenses/by-sa/3.0/us/

Steven Willmott, Former CEO of 3scaleSenior Director and Head of API Infrastructurehttp://www.redhat.com / http://www.3scale.net

Twitter: @njyx

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Before we start…

Copyright potential is everywhere

The API Copyright Apocalypse

Google v’s Oracle Java API Copyright Lawsuit

• The Structure of the Interface is what is at issue

• Paths, Parameters, Return Types etc.

Example

Google won…

So, we’re good…?

• Not so fast!• Google ”won”

but….• Lots of

consequences• There will be an

appeal• @sarahjeong

Sarah Jeong

Image Credit: @wiredferret (Heidi at DevopsDays)

Copyrighting an idea of something – not it’s expression

Copyrighting every possible implementation of that thing

Makes building any new API Hard

Could make integration impossible

Claims would be extremely hard to validate

What is complex enough?

It’s not clear what type of modifications are ok

There is no way to search current state of the art

Impact of Copyright Enforcement

It is Even Bad for those that Enforce Copyright

Copyrighting one version protects itHowever, APIs evolve and the next version may intersect with other APIsAsserting copyright may force prior art owners to do the same

API Maintenance now becomes a legal issue

Chilling effect on re-use

Increase risk in publishing APIs and uncertainty in using them

Financial burden of searching for prior art or fighting troll cases

Long term: gridlock for APIs

Long term: non-documentation of APIs

Long term: API specs could be amassed like patent portfolios

=> No Profit!

Worst Impacts

Legal costs concerning potential issues

How to Survive the Apocalypse

API Copyright is similar to a plague

Even if you survive, it’s not fun to be the last one standing

Solution requires individual action at a collective scale

Solution:

Share API definitions, don’t Copyright them

How to:

Open Source (Liberal License)Creative Commons

Signal these changes

Interface becomes a better bet for their users

Others can help evolve it as well as write clients / back-ends

Signal to developers they are making a safe choice

Become a platform leader in your space

More and more shared definitions

Common patterns become established

Better scrutiny of designs

Building up libraries for clients and back-ends

Why do this?

Ask!

Attribute!

Contribute

Get clarification of status / rules

If you “Re-Use” an Interface

Common Courtesy!

http://apicommons.org (first attempt at an API Definition sharing process)

Developer View

Copyright free: less risk of lock in

Copyright free: more chance of other implementation

Copyright free: ensures the right to implement clients

Copyright free: community oriented provider

Developer View

Preferred API Provider!

Actual Zombies?

1. Aim for the head2. Run for the hills3. Always pack plenty of snacks4. Avoid large groups of people5. Use fire (but be careful with TNT)6. No time for sentiment, kill the infected7. Stay in Shape!

Help us take on the Zombies!

http://apicommons.com

Conclusions

Some Good News this Week

http://www.autoblog.com/2016/10/31/copyright-dmca-allows-owners-fix-cars/

“US Copyright Office officially allows owners

to work on their own car”

But: only owners, not third parties

Things to Do

1. Determine real API value2. Look at role and evolution of the design3. Consider Open Source and Copyright Free4. Contribute to the Commons5. (Beware of Zombies!)

Good

Luck!

@njyx@3scale

@redhatnews

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• 1st Zombie Photo: Daniel Hollister - https://www.flickr.com/photos/dhollister/2596483147/• Zombie Survivor Couple: David Willis - https://www.flickr.com/photos/dwilliss/7861502966/ • Zombie Trio: https://www.flickr.com/photos/necrocake/5796749951/• Cover slide Zombie: https://www.flickr.com/photos/peymanz/11140184813/ • Worker photo re-use from linked URL from Autoblog

All images copyright their owners

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