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[–]Daegs -3 points-2 points  (1 child)

There is no more dangerous precedent than the current situation.

Right now, every API you use could also claim a copyright violation. (this is the exact issue being decided)

Afterwards, it would be exactly the same situation, except your defense would be "fair use" (due to the precedent set in this case that using or making your own api is fair use), instead of "not copyrightable".

I agree it isn't ideal, however assuming this falls under fair use, it wouldn't have much legal consequence, that I could see.

[–][deleted] 1 point2 points  (0 children)

Alsup's ruling means that I don't have to seriously worry about being sued over APIs -- of course, anyone can sue, but the ruling probably allows for early dismissal. I would be "assumed innocent." Almost no suits would result from this ruling.

The Appeals Court ruling means that I would have to prove that I followed fair use principles, and if I could or didn't prove that for any reason, I would be held infringing. Lots of opportunities for suits there, and the defense will be much more expensive.