Open Source: Copyrightability, Fair Use and Due Diligence

Description

Software is built in parts, and the parts must communicate with each other. Software packages themselves also frequently need to communicate with other software packages. Is the information needed to communicate — APIs or other forms of interfaces — protected as intellectual property rights? If one of the parts is open source software, will the use of its interface information create problems? This program sheds light on these difficult questions.

In Oracle America Inc. v. Google Inc., the Federal Circuit Court of Appeals held that certain interface information is entitled to protection under the Copyright Act. The Federal Circuit remanded the decision for further proceedings concerning Google’s fair use defense. Cert has been applied for to the U.S. Supreme Court, but it hasn’t yet been granted or denied.

Using open source software offers a number of benefits but also presents serious risks, including the potential requirement to allow others to receive and use your proprietary source code. Also, many companies want their software products to interface with the products of others. There are possible IP risks associated with such use.

When developing software or when acquiring companies, counsel, developers or licensees should carefully do their due diligence to ensure appropriate use of interface information.

Listen as our authoritative panel reviews necessary concepts for understanding interface and related open source issues. The panel will analyze the Oracle v. Google case and the implications of the district court and Federal Circuit decisions. The panel will also discuss what that means for software development and licensing and will outline best practices for companies and developers when developing APIs and open source licensing.