First off, IANAL. I did a walkabout at other sites to gain some clarity on this. If you have an API with a defined interface, it doesn't matter one whit that the underlying implementation differs from the copyrighted API's descriptions. Clean room implementation doesn't mean squat in legal terms. Since copyright is simply assumed on creation of the IP, we have a serious problem. Frankly, were IBM to be vindictive, everyone that was involved in the whole IBM PC clone process way back in the 1980's is a valid target.
What is not immediately clear is exactly how much correspondence there has to be in the header files between two different implemenations. What if I keep the function name, number of parameters the same between implementations but alter the variables names passed. That's a good Fair Use question right there. {Shrug?}
On further review, anyone using my API's from when I was serving in the military has a problem as I was instructed to assert copyright. [Something that was changed after I was out on disability.] I'm not the least bit interested in a lawsuit asking for damages. I wonder how many others feel this way?
Biting the hand that feeds IT
