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I don't see why. WINE is done for interoperability and is non-profit: two fair use defenses. SQL is a language and therefore not copyrightable (its spec isn't "fixed", which is a prerequisite for copyright). And as for SCO, AFAIK, it was ruled that they don't own the copyright to begin with.


Neither of those are fair use defences.


This says they are[1]: Interoperability has been succesfully used as a fair-use defense in the past, and commercial use decreases the chances of a fair-use ruling. Both points (interoperability and commercial use) are central to the Oracle v. Google case, and have been brought up by both sides. See here[2]:

I reached out to Collard, a partner at Dorsey & Whitney, who specializes in intellectual property... "In my opinion, the biggest problem for Google is the commercial nature of its use [of the APIs]," he said. "That is generally a strike against finding fair use. Its best argument is probably interoperability -- in other words, it should be fair use because Google must use the APIs in order to make its products interoperable."

[1]: https://www.cs.duke.edu/courses/cps182s/fall02/cscopyright/C...

[2]: https://adtmag.com/blogs/watersworks/2015/07/google-java-api...




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