January 2015

The fact that the Supreme Court has asked the Obama Administration (via the Office of the Solicitor General) to comment on Google’s application for certiorari in Oracle v. Google* has focused renewed interest on this case – not that it needs it. The case, if the Supreme Court accepts it, could be a replay of Lotus v. Borland, an important software copyright case the Supreme Court tried but failed to decide in 1996, when the Court deadlocked 4-4 (one justice abstaining).

For detailed procedural and substantive back ground on this case see these earlier posts: How Google Could Lose on AppealOral Argument in Oracle v. Google: A Setback for Google?CAFC Reverses Judge Alsup – Java API Declaring Code Held CopyrightableGoogle Rolls the Dice, Files Cert Petition in Oracle Copyright Case. I also made a presentation to the Boston Bar Association on this case before the CAFC decision, slides here.

Read the full article