Open Source: Copyrightability, Fair Use and Due Diligence
Navigating IP Protection for Application Programming Interfaces
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for companies, developers and licensees on the implications of the Federal Circuit’s Oracle v. Google decision for open source software. The panel will discuss best practices for IP protection for software development and licensing going forward.
Outline
- Necessary concepts — background law and facts
- Derivative works
- Idea expression dichotomy
- Current state of the law, including the copyright protection for taxonomies
- Architecture of Java
- Facts of Oracle v. Google
- Analyzing Oracle v. Google and its implications
- District court decision
- Federal Circuit decision
- EU treatment
- Relationship to open source and interfaces generally
- Best practices for working with APIs and open source licensing
Benefits
The panel will review these and other key issues:
- What are the implications of the Federal Circuit’s Oracle v. Google decision for copyrighting open source software?
- What strategies should companies and developers employ when developing and licensing APIs?
- What are best practices for licensees to ensure compliance with open source license agreements?
Faculty

Paul H. Arne
Partner
Morris Manning & Martin
Mr. Arne represents technology companies and large end users, with a particular emphasis on complex, outsourcing... | Read More
Mr. Arne represents technology companies and large end users, with a particular emphasis on complex, outsourcing matters, international transactions, open source software, privacy, university technology transfer, and revenue recognition issues. He is also involved with development, manufacturing, and distribution involving medical devices.
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