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Battle Royale: Google LLC v. Oracle America, Inc. | Tarter Krinsky & Drogin LLP 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.
On April 5, 2021, the Supreme Court issued its decision in Google v. Oracle, ruling 6-2 in Google’s favor on the issue of fair use. So ends a decade-plus battle between two tech giants that many viewed as having the potential to reshape how computer programs are written and licensed across the software industry. Google’s win which is plainly indebted to the amici curiae who persuaded the Court of the policy rationale for a finding of fair use thrilled those who saw a potential win by Oracle as an existential threat to settled norms in the software industry. Others have received the decision with skepticism, questioning how the Court could have blessed Google’s verbatim copying of Oracle’s code and struggling to reconcile the result with the plain text of the Copyright Act and established fair use precedent. Now, as the dust settles, those looking to ....
Supreme Court Rules in Google's Favor in Copyright Dispute with Oracle Over Android Software | Spilman Thomas & Battle, PLLC 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.
IN DEPTH Background In 2005, Google acquired Android and began the creation of its now-famous Android software platform for mobile devices. Google’s plan was to make Android a free and open platform, enabling software developers to build upon it for their respective mobile applications. Sun Microsystems was the original inventor of the Java programming language and Oracle’s predecessor. At the time of Google’s acquisition of Android, many software developers understood and wrote programs using the Java language, with many of those developers using the Sun Java SE platform to write interoperable programs for desktop or laptop computers. With its goal of developing the Android platform for mobile devices, Google began talks with Sun about the possibility of licensing the entire Java platform. However, the parties’ views regarding Google’s desired free and open-source nature of the Android platform were not compatible. The negotiations fell apart, leaving Go ....
Wednesday, April 14, 2021 In a 6–2 decision authored by Justice Breyer, the Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s 2018 ruling that Google’s use of Oracle’s Java application programming interface (API) packages in its Android operating system did not qualify as fair use as a matter of law. Before that Federal Circuit decision could be sent back for a trial on damages for copyright infringement (where it was anticipated that Oracle would seek damages upward of $10 billion), the Supreme Court granted certiorari to consider (1) whether copyright law protects an API, and (2) whether Google’s use of Oracle’s APIs in creating a new computer program constitutes fair use. ....