Re: Eucaliptus

Hi all,

(delurk).

On Thursday 12 June 2008 02:31:10 c..@dreadnought.org wrote:
> If you look at the AWS license page in the license to use section
>
> http://www.amazon.com/AWS-License-home-page-Money/b?ie=UTF8&node=3440661#6),
>
> then it's not so clear that one is allowed to just copy Amazon's API

Amazon claim that:
> The Amazon Properties may include, without limitation:
> o Proprietary application programming interfaces ("APIs");
> [...]

IANAL, but I believe this claim to be bogus, at least in terms of copyright.

First, you can't copyright an idea; copyright only affect creative works, so
only relevant to something one can identify as a distinct object (a "work").
In this case, I guess copyright *might* affect the files needed to use the API.

However, APIs are factual information (like the number Pi), so do not suffer
copyright. Copyright only affects creative works (although "creative" is
pretty loosely interpreted). If the API is written down using creative
elements (such as macros in the C world), then the resulting file attracts
copyright; but one can copy the factual information and write clean-room
implementation of any necessary macros. Also, one cannot simply copy any
header files, as an embedded "realisation" of the factual information may suffer
copyright. However, writing your own "API" (or header) files based on
documented API is perfectly acceptable.

For case-history, see Lotus vs Borland:

http://en.wikipedia.org/wiki/Lotus_v._Borland

From memory, there's also an interesting case where a games manufacturer tried
to sue a cartridge manufacturer for reverse-engineering the cartridge "API"
and selling their own games without paying a license fee (for the API spec.)
They lost that one, establishing the right to create compatible products.

As an aside: the API might be covered under trade-secret-like law, but since
they're widely publicising this API, I doubt they can claim it's a secret.
There may be trademark issues if the name "AWS" or "Amazon" is used.

That all said, if you're in doubt, you should consult with a lawyer.

Cheers,

Paul.

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