Digital API - Transformative for Reuse

The ruling from the Supreme Court of the United States declaring API Reuse between Legally Separate Entities is predominantly based on the Copyrightable IP content in the context of Transformative scenario. The Legal system seems to be steadfast on the fact that underlying core code is different and the API is akin to Table of Contents to the core itself and is to be treated differently for Transformative usages elsewhere for a wider benefit.

In Safety Critical Applications like the Automotive Industry there is a clear movement from single-room teams to Platform/Subsystem based Development to enable delivery of the same level of quality and safety from one Product Launch to another from the same Legal Entity. Once the workforce gets so organized to deliver Platform/Subsystem intermediate deliveries to the Product which eventually delivers the complete Product expectation, it is the API design that plays a crucial role in how the Product delivers the expected functionality with the due Safety considerations. This is not just for one Product but for subsequent generations of the Product thereby playing a essential role in the Perceived Quality and subsequently the reported Topline and Revenue growth of the Organization.

In #Connected Technologies API design is of paramount significance in protecting against repeated investments when one Product organization delivers into multiple OEM End-Customers. It is also common for slab-based Product Capability pricing to be directly dependent on Connected API exposure to the licensed cost. APIs hence directly contribute to Revenue realized in Connected Technology licensing by one Technology organization (Legal Entity) to multiple Consumers of the Technology. In Connected Technologies API invocation also directly decides the usage of the underlying Assets (Investments as Server Infrastructure Architecture elements) and there are Business Models which realize Revenue for the Technology organization when the licensed IP is consumed by a Product/Manufacturing Entity for End Customer Sales. APIs therefore are Revenue earners in the new Digital World in addition to being Cost containers.

API design also impacts the speed of response of the final product and how work is distributed between underlying Technology Subsystems. APIs could vary from RESTful implementations in #Cloud to Network KMatrix on physical In-Vehicle Networks like CAN, Function Catalogue on Optical MOST and Ethernet. Using Object-oriented Language constructs like Classes and Inheritance, APIs are define how well a Product partially built on new API definition gel well with older generation baselines and libraries. In the Automotive Industry, API therefore defines how much additional cost is borne in a new Vehicle launch.

It is hence in the Business Interest of a Legal Entity to protect proliferation and unauthorized reuse of its APIs.

Views from Technology-driven economies like Israel and India would be different from Section 107 interpretation when the GDP is under direct impact.

It is also to be seen if EU GDPR regulations governing Data protection across Europe would see Section 107 of the US Copyright law in the same light ?!

(Views and opinions expressed in this article are solely those of the Author in private capacity)