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Copyright Analysis Of Application Program Interface(API)

Posted on:2021-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LvFull Text:PDF
GTID:2416330623984782Subject:legal
Abstract/Summary:PDF Full Text Request
Application Programming Interface(API)is a part of a computer program.It describes what functions a software has and how other software calls this function.It is mainly used to connect different components of a computer system,so as to achieve the purpose of interaction and compatibility between components.Because the application program interface has strong functionality and practicability,its code is affected by programming norms,idioms and other factors,resulting in the application program interface expression is also very limited,with a certain particularity.And for software compatibility,the application interface is often reimplemented,which is likely to involve copying the API.This has caused the application program interface copyright protection problem.It was not until oracle v.Google that the issue of copyright in the application program interface came to a climax.The protection of computer software in China mainly includes the regulations on the protection of computer software and the copyright law,but there is no clear provision on the special part of the application program interface.In 2014,the copyright law(submitting draft amendments for review)contained relevant provisions on such issues as reverse engineering for the purpose of compatibility.However,due to the imperfection of legislation and the uncertainty of judgment standards,it is difficult for judges to unify their opinions on such cases in practice.This paper mainly demonstrates that the application program interface has the property of copyright,and on this basis,analyzes and discusses the legitimacy of reverse engineering of the application program interface,avoids the inhibition of software innovation due to copyright protection,and achieves the balance between competition and protection.Finally,this paper puts forward some Suggestions for the protection of application interface in China.The analysis of the copyright of the application program interface is mainly discussed in terms of the textual elements and the non-textual elements.Through "thought expression dichotomy" and originality analysis and discussion,this paper holds that the textual elements of the application program interface belong to expression,and that a single line of ingenious declarative code or a large number of declarative code in a large program is as a whole original and copyrighted.Non-textual elements,that is,structure,order,and organization,embody the structure of the software and are highly original,so the application programming interface is protected by copyright law.Some opponents worry that reimplementing the application interface,which is protected by copyright law,will not only be tedious and time-consuming,but also hinder the development of software innovation.This paper argues that allowing application interfaces to be reverse-engineered under certain conditions can address the naysayers' concerns and provide a balance between protection and innovation.This paper holds that China should perfect the copyright protection system of application program interface through legislation and legal interpretation,and make clear that application program interface has copyright.At the same time of protecting the application program interface,perfect our country software reverse engineering system.
Keywords/Search Tags:Application Programming Interface, Copyability, Software reverse engineering
PDF Full Text Request
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