Application Interface Copyright Protection And Restrictions Research

The application programming interface (API) is the part that enables the application program and the operating system to communicate with each other. With the rapid development of science and technology,API as a computer software,has a strong functionality and practicality,its copyright disputes are increasingly prominent.The typical case of API is the case of Oracle America,Inc.V. Google, Inc., which lasted six years.Although the company did not need compensation by fair use this year, the controversy over the "World War" did not end.China mainly through the"Copyright Law" and "Computer Software Protection Regulations" for computer software copyright protection, but which did not involve API. In the Third Amendment of the Copyright Law of 2014, although this issue has been involved, but the vague standards of judicial practice, leading to the problem has not been effectively resolved.Therefore, this paper is divided into four parts to refine the analysis of related issues in order to play a role in exploring the solutions.Part ?: The basic theory of API. Introduce the definition of API, and in accordance with its structural characteristics will be divided into literary elements and non-literary elements of the part. Combined with the writing of the article focuses on the theoretical basis of copyright protection and the practical significance of copyright restrictions.Part ?: Copyrightability of API. According to the structural characteristics of API analysis, the literary elements belong to "expression" is undisputed, so the copyright analysis can only be determined from its originality, but its non-literal elements are controversial. So. this paper through "idea/expression dichotomy" for analysis, part of the "idea" should be excluded, part of the "expression" with the original standard to identify.Part ?:The copyright restrictions of API. First,through the "fair use" for four-elements analysis;Second,in order to avoid abuse of copyright,through the"idea/expression dichotomy" to eliminate the standardization, expression of mergers and other parts of the public domain, to promote scientific and technological progress and maintain the public interest.Part ?: Suggestions on Perfecting the Copyright System of API. There are some limitations in China's current protection model, it is proposed to add general provisions of legislation, and may wish to learn from the "technological fair use" to find a suitable path for the development of science and technology.And in the judicial, according to our existing legal atmosphere and social cognition, we can get practical experience and social identity through the accumulation of judicial cases, so that it can be gradually incorporated into the scope of judicial interpretation.