Google v. Oracle: Implications for Fair Use Doctrine, Developing, Copying and Licensing Software API

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, June 15, 2021

Recorded event now available

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Course Materials

This CLE course will guide IP counsel the Supreme Court's recent decision in Google v. Oracle. The panel will discuss the decision and the implications for the fair use doctrine and the copyrightability of application programming interfaces (APIs). The panel will also address the potential implications for the software industry and beyond.

Description

On Apr. 5, 2021, the U.S. Supreme Court issued its much-awaited decision in Google v. Oracle America, finding Google's use of software code was fair use under the copyright law. The decision reversed the Federal Circuit and reinstated the jury's finding that Google was not liable to Oracle when it copied and used specific portions of Java, a programming environment owned by Oracle. The decision guides counsel on the boundaries of copyright law as it relates to software.

The implications of the Court's decision are not limited to the software industry. Developers may be able to use APIs developed by others in the developer's own code. The decision has the potential to broaden the doctrine of fair use significantly.

Listen as our authoritative panel of IP attorneys examines the Supreme Court's decision in Google v. Oracle. The panel will discuss the decision and the implications for the fair use doctrine. The panel will also address the potential implications for the software industry and beyond.

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Outline

  1. Google v. Oracle: background and ruling
  2. Implications of the decision
    1. Did the Court change the fair use defense?
    2. What happened to the idea/expression dichotomy? Does it matter?
    3. What can be copied and when? What cannot be copied?
      1. Implications for businesses
      2. Licensing APIs
      3. Implications for open source software
    4. Enforcement of IP rights
  3. Best practices

Benefits

The panel will review these and other key questions:

  • How may the Google v. Oracle decision change copyrightability of open source software?
  • What strategies should companies and developers employ when developing APIs?
  • What are the best practices for licensees to ensure compliance with open source license agreements?
  • What is the takeaway from the Court's not addressing the question presenting on the copyrightability of APIs?

Faculty

Arne, Paul
Paul H. Arne

Partner
Morris Manning & Martin

Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice....  |  Read More

Herrington, David
David H. Herrington

Partner
Cleary Gottlieb Steen & Hamilton

Mr. Herrington’s practice and experience span a wide range of litigation, advisory and regulatory matters, with a...  |  Read More

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