API COPYRIGHT IN THE SPOTLIGHT: ANALYZING GOOGLE V. ORACLE AND ITS GLOBAL TRADE EFFECTS

Abstrak

In the digital age, the development in technology requires the need for open access to promote innovation. This concept creates the modern perspective of copyright law which represents a more flexible approach. It also forms the need for balancing innovations while still protecting the exclusive rights that derived from the copyright law. The non stop innovation raises the need for clearer guidelines for the computer industry and thus making the policymakers to construct a relevant regulation. However, the copyright act is one of the sets of law that recognized the protection of computer programs, yet the technology that is within the programs such as Application Programming Interfaces (API) copyright status is still disputed. In this regard, this article aimed to examine the copyrightability of an API through the copyright perspective and analyze its position in a landmark case such as Google v. Oracle case. This article further examined through the lens of international trade that have been affected by the constantly improving technology specially in the digital trade initiative of the copyrightability of API and how it has an important role in international trade. By using a normative legal research method and through the idea-expression dichotomy perspective, this article found that the API has a functional element that would make it fall into the category of method of operation that is not protected under TRIPS. This article further finds that the protection of an API may cause a disaster impact on the computer industry since in the case of Google v. Oracle, it would lead to the full control of the Java API usage by Oracle which would create an unbalanced competition between technology companies and would limit the innovation and development of technology.