One could argue whether an API is a creative work however.
True, though I suggest a better alternative is that some types of work -- in particular, those necessary for effective communication or for interoperability -- should be explicitly exempt from copyright protection, regardless of any creative element.
Copyright itself is an economic trade-off, sacrificing some freedom in the interests of promoting what is considered a greater good.
In the same spirit, I would argue that the ability of different parties to communicate and work together effectively is a greater good than anything copyright incentivizes and should therefore take precedence.
Curiously, the US legal system already recognises a similar principle in the way it treats typefaces. I submit that analogous treatment is appropriate for APIs, file formats, communications protocols, and the like.
True, though I suggest a better alternative is that some types of work -- in particular, those necessary for effective communication or for interoperability -- should be explicitly exempt from copyright protection, regardless of any creative element.
Copyright itself is an economic trade-off, sacrificing some freedom in the interests of promoting what is considered a greater good.
In the same spirit, I would argue that the ability of different parties to communicate and work together effectively is a greater good than anything copyright incentivizes and should therefore take precedence.
Curiously, the US legal system already recognises a similar principle in the way it treats typefaces. I submit that analogous treatment is appropriate for APIs, file formats, communications protocols, and the like.