October Term 2020

Merits

Google's Use of Java API Code Was Fair Use; Copyright Does Not Bar Reimplementation

Google LLC v. Oracle America, Inc.

18-956docketfromUnited States Court of Appeals for the Federal Circuit

✓

Granted

Nov 15, 2019

✓

Argued

Mar 24, 2020

✓

Decided

Apr 5, 2021

Current status: decided

Decision

6–2

Decided Apr 5, 2021

Majority (6)

Breyer

Gorsuch

Kagan

Kavanaugh

Roberts

Sotomayor

Minority (2)

Alito

Thomas

Recused (1)

Barrett

Majority6

Minority2

Recused1

What the Court agreed to answer

Whether copyright protection extends to a software interface. 2. Whether, as the jury found, petitioner's use of a software interface in the context of creating a new computer program constitutes fair use. PRESS RELEASE OF MARCH 16, 2020 IN KEEPING WITH PUBLIC HEALTH PRECAUTIONS RECOMMENDED IN RESPONSE TO COVID-19,...

The Copyright Act provides that, while "original works of authorship" are generally eligible for copyright protection, 17 U.S.C. 102(a), "[i]n no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work," 17 U.S.C. 102(b). The Act also makes clear that "the fair use of a copyrighted work * * * is not an infringement of copyright." 17 U.S.C. 107. As is relevant here, software interfaces are lines of computer code that allow developers to operate prewritten libraries of code used to perform particular tasks. Since the earliest days of software development, developers have used interfaces to access essential tools for building new computer programs. Contravening that longstanding practice, the Federal Circuit in this case held both that a software interface is copyrightable and that petitioner's use of a software interface in a new computer program cannot constitute fair use as a matter of law. The questions presented are: 1. Whether copyright protection extends to a software interface. 2. Whether, as the jury found, petitioner's use of a software interface in the context of creating a new computer program constitutes fair use. PRESS RELEASE OF MARCH 16, 2020 IN KEEPING WITH PUBLIC HEALTH PRECAUTIONS RECOMMENDED IN RESPONSE TO COVID-19, THE SUPREME COURT IS POSTPONING THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE MARCH SESSION. 4/13/2020: ARGUMENT TO BE RESCHEDULED FOR THE OCTOBER TERM 2020 ORDER OF MAY 5, 2020 THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL LETTER BRIEFS ADDRESSING THE APPROPRIATE STANDARD OF REVIEW FOR THE SECOND QUESTION PRESENTED, INCLUDING BUT NOT LIMITED TO THE IMPLICATIONS OF THE SEVENTH AMENDMENT, IF ANY, ON THAT STANDARD.

Google's Use of Java API Code Was Fair Use; Copyright Does Not Bar Reimplementation

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Google's Use of Java API Code Was Fair Use; Copyright Does Not Bar Reimplementation

High Court says Google’s limited copying of Java API was fair use; reverses Federal Circuit

High Court says Google’s limited copying of Java API was fair use; reverses Federal Circuit