The Impact of Google v. Oracle on Fair Use
IPWatchdog LIVE 2021
Eleanor M. Lackman will be speaking on the panel, "The Impact of Google v. Oracle: The Meaning of Fair Use in the Wake of this Monumental Decision," at IPWatchdog LIVE 2021 on September 13, 2021.
"The Impact of Google v. Oracle: The Meaning of Fair Use in the Wake of this Monumental Decision"
Monday, September 13, 2021
11:15 AM Central Time
In April 2021, the U.S. Supreme Court determined that Google’s copying of Oracle’s code was fair use, although the Court skipped over the question of whether the code itself was copyrightable. Essentially, the Supreme Court found the copying of 11,500 lines of code was found transformative because Google only used it to circumvent the need to license Java from Oracle with respect to Android smartphones and Java had been licensed only in desktop and laptop environments. The Court also, at least partially, relied on the belief that computer programs are different when it comes to copyright protection, and further from “the core of copyright” than other kinds of works.
Still, the Supreme Court’s ruling raises numerous significant questions, and given the infrequency with which issues of fair use are considered by the Court this decision is likely to be applied outside the scope of this software context.
This panel will discuss the decision and these questions that remain open after this monumental decision:
- Decision of the Supreme Court: Google LLC v. Oracle Inc.
- Brief of Motion Picture Association of America in Support of Respondent (co-authored by panelist Eleanor Lackman)
- Brief of Python Software Foundation in support of Petitioner (co-authored by panelist Van Lickman)
- All of the Briefs are available at SCOTUS Blog
- Articles on IPWatchdog.com
- Chad Rutkowski
- Eleanor M. Lackman
- Van Lindberg