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1 the Supreme Court, in a 6–2 decision
2 written by Justice Breyer, held that Google’s copying of Oracle’s Java application programming interface (API) naming convention was a fair use as a matter of law. The Court concluded that Google made a “transformative use” of the software and had only used a relatively small amount of it.
Oracle’s Java APIs (created by Sun Microsystems, which was later purchased by Oracle) comprised set packages of Java software so programmers could easily access frequently used functions instead of rewriting them each time. Google copied 37 of the API packages. The Court concluded that Google thought Java application programmers would want to use the same 37 sets of functionalities in the new Android operating system using the same names as used in Java. Google then copied the declaring source code from the 37 Java API packages, including all the names of methods, classes, interfaces and packages covering the 37 API packages, with over 600 clas
Trademark Law: More Than an "After Thought" in Video Game Anti-Piracy Efforts | Wilson Sonsini Goodrich & Rosati jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Legend has it that Judge Learned Hand wrote this line in a per curiam opinion,
Dellar v. Samuel Goldwyn,
Inc.
1: “[T]he issue of fair use.is the most troublesome in the whole law of copyright….” As recent court decisions reflect, there is turmoil in copyright law, specifically regarding the fair use doctrine in the context of transformative works, but more clarity may be approaching. The Second Circuit’s recent panel holding in the
Warhol v. Goldsmith matter, discussed below, suggests that re-expressing a copyrighted image belonging to another does not entitle the new work to a fair use defense.
On April 5, 2021, after 10 years of litigation, the U.S. Supreme Court published its decision in the much-watched Google v. Oracle dispute. The Court held that use of certain “declaring.