O direito de autor e as APIs

: novos rumos da propriedade intelectual sobre o software

Abstract

The legal case Google LLC v. Oracle America, Inc. brought to light several questions regarding the definition of computer programs in the context of copyright law. The subject matter that originated this uncertainty is the copyrightability of application programming interfaces (APIs), which is a software intermediary that allows two applications to communicate and is present in most computer programs. The complex nature of this tool makes it difficult to classify within the copyright law but also gives us the opportunity to refine our understanding regarding computer program’s protection. The Supreme Court of the United States wasted this opportunity when it chose to confine the analysis to the application of fair use, but the European Court of Justice (ECJ) has yet to define its position. Aside from unfounded apocalyptic theories, there is no reason for the ECJ to define API as something separate from computer programs or to withdraw its protection a priori.

Date of Award	24 Mar 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Victória Rocha (Supervisor)