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The Supreme Court finally resolved the dispute between Google and Oracle over Google’s copying of 11,500 lines of declaring code from nearly 3 million lines of code from Sun Java API was copyright infringement. Dodging the question of whether such code is even copyrightable, the Supreme Court found that the copying of the code, for the purpose of making Android programming similar to other Java programming, was a fair use.
The Supreme Court found that the Federal Circuit correctly identified Fair Use as a mixed question of law and fact, but ultimately held that the Federal Circuit was wrong as a matter of law when it reversed the jury’s determination of Fair Use. The Court thoroughly analyzed the four factors identified in 17 USC 107 before concluding that on balance, accounting for the functional nature of computer software, Google’s use was a non-infringing Fair Use.
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Supreme Court Finds Google’s Use of Oracle’s Java Code in Android Operating System to Be Fair Use Thursday, April 8, 2021
On April 5, 2021, the Supreme Court of the United States held that Google’s use of certain Java Application Programming Interfaces (API) in its Android operating system was not copyright infringement and instead constituted fair use of Oracle’s Sun Java API because Google used “only what was needed to allow users to put their accrued talents to work in a new and transformative program.” In its decision, the Supreme Court articulated important policy considerations underlying its decision, noting that, “given programmers’ investment in learning the Sun Java API here would risk harm to the public. Given the costs and difficulties of producing alternative APIs with similar appeal to programmers, allowing enforcement here would make of the Sun Java API’s declaring code a lock limiting the future creativity of new progra
Tuesday, April 6, 2021
On April 5, 2021, the United States Supreme Court issued a significant fair use decision, holding six to two that Google’s copying of 11,500 lines of code from Oracle’s Java SE API in Google’s Android platform was a fair and transformative use.
The Court pushed the boundaries of the “transformative” test beyond determining whether the use is different than the one originally intended by the copyright holder, and in doing so, handed Google a major legal victory in a case with extremely high stakes given the ubiquity of Google’s Android platform in smartphones worldwide.
When Google designed its Android platform, it made it free to developers to allow them to build applications for smartphones that, in the words of the Court, “make the phone better.”
3 hours ago
The US Supreme Court on April 5 ruled that Google did not act improperly when it copied thousands of lines of code from Oracle’s Java SE platform into its Android OS’s code. The opinion has significant implications for copyright and fair use, so it’s worth exploring in detail. Here’s a breakdown of the ruling.
The copied code was fair use: Even though 11,500 lines of code were copied into Android code (which no longer exist in the OS’s code), the court held that the way Google used the code grants it “fair use” protections, meaning it was legal and appropriate.
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