Friday, March 30, 2018

Google v. Oracle & Fair Use!




In a closely watched case, the Federal Circuit held on Tuesday, March 27th that Google’s copying of the structure, sequence, and organization of Oracle’s Java application programming interface (API) library was not a fair use. The Federal Circuit remanded the case for a new trial to address damages. In holding for Oracle, the court found the fact that Google might also have a noncommercial motive in Android is irrelevant to the question of whether it still stood to profit from the use and also found Google’s use insufficiently transformative. The court noted that this case was simply about Google’s failure to properly license and to truly transform the APIs and about Google restricting Oracle’s abilities to market its works as a copyright owner. READ MORE