January 2019

Will the Supreme Court Review Oracle v. Google? Please?

This extraordinary software copyright case — Oracle v. Google — has been in the courts for eight years, and I’ve blogged about it almost every step of the way. After winning twice in district court and losing two appeals before the Federal Circuit the case is on appeal to the Supreme Court for the second time. In its petition to the Court Google’s “questions presented” are:

  1. Whether copyright protection extends to a software interface.
  2. Whether, as the jury found, Google’s use of a software interface in the context of creating a new computer program constitutes fair use.

The first question was the focus of the first trial and appeal by Oracle. Google asked the Supreme Court to decide this issue after losing the first appeal, but was rebuffed. The second question was the subject of the second trial, which Google won on a jury verdict and lost on Oracle’s appeal to the Federal Circuit.… Read the full article