Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle'

By Shaleen Patel
May 01, 2021

On April 5, 2021, the U.S. Supreme Court ended a copyright case that left as many questions as it gave answers, in Google LLC v. Oracle America, Inc., 141 S.Ct. 1183 (2021). In a lengthy decision, the Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google's Android mobile platform had infringed Oracle's Java programming language's copyright. A 6-2 panel (Justice Barrett did not participate) found in favor of Google, holding that its use the copied code constituted fair use. However, the Court did not answer the question of whether specific components of computer software qualifies for copyright protection at all.

Google v. Oracle Factual Background

The dispute started in 2005 when Google first acquired Android, Inc. and its operating system for mobile devices. Shortly after acquiring Android, Google began talks with Sun Microsystems (now Oracle) to license the Java platform for new smartphone technology. At the time, Java was understood by many developers and as many as six million programmers had spent time learning and using Java. However, Sun insisted that Java programs be "interoperable," or able to be run on any device regardless of the underlying hardware. When Google and Sun could not reach an agreement on the interoperability of programs made for Android, negotiations broke down.

For three years, approximately 100 Google engineers worked to create Google's Android software writing millions of lines of new code. Because Google wanted programmers familiar with Java to be able to write software for Android, Google also copied roughly 11,500 lines of code from the "Java SE" program's Application Programming Interface (API). The API was a tool that allowed programmers to use prewritten code to build certain functions into new programs rather than write new lines of code from scratch. In creating Android's API, Google copied 37 packages verbatim from the Java API.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.