[bcg1]

"The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" -- Article I, Section 8, US Constitution (http://www.archives.gov/exhibits/charters/constitution_trans...)

This is the exact opposite of promoting progress, and this type of behavior needs to be overturned on constitutional grounds. This is so far beyond what the Constitution authorizes Congress to oversee with respect to patent and copyright law that the specifics of the case are almost meaningless. There is absolutely nothing to suggest that anyone would stop developing APIs or turn them into trade secrets unless they can be copyrighted. 40+ years of sharing and software development prove otherwise.

Time for the Federal Circuit and Justice Department to wake up, or for there to be an investigation into bribery and corruption in East Texas and DC. Preferably both.