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I don't see why they shouldn't. They're definitely creative works that take skill to produce.

You're missing an argument in there that joins your two assertions.

The fact that something is creative or requires skill to produce doesn't mean that it should be copyrighted.

Copyright is a government enforced monopoly. In order for society to enforce that monopoly on behalf of private enterprise, there has to be a quid pro quo. The usual one is to promote creation and distribution of new works.

The question then is: would no APIs exist if they weren't copyrightable?




You have made a good case for adjusting fair use legislation to accommodate the general practice around software APIs vs. implementation.

Unfortunately courts generally can't write laws for the legislature.




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