Verrilli's position is disappointing and betrays a basic lack of understanding of how APIs work, said Michael Barclay, special counsel at the Electronic Frontier Foundation.
EFF last year filed an amicus brief in the case on behalf of more than 70 computer scientists who share Google's position on the right to use the contested Java APIs under fair-use laws. Google's supporters in the case have maintained that APIs are fundamental to interoperability on the Web and that extending copyright protections to APIs would seriously hamper the ability of software developers to write interoperable software.
"The brief is wrong on the facts and wrong on the law," Barclay said. Though it appears persuasive on its face, Verrilli's conclusions about the applicability of copyright laws are off-base, he said.