Google v. Oracle: Will Software Be Free?

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Publish Date:
February 7, 2020
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Source:
The National Law Review
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Summary

Referred to as “the copyright case of the century,”1 the Supreme Court could determine the fate of software protection in Google v. Oracle, namely that of Java. At its core, the case asks whether software programmers may copy functional names present in software code (known as a software interface; e.g., the “print” function) so long as they do not copy the underlying source code implementing the function. Indeed, this issue the Court will address relates to the following two questions: 1) whether copyright protections extend to a software interface; and 2) whether Google’s use of a software interface in the context of creating a new computer program constitutes fair use. Deciding this issue could influence how future software and other computer technology develops. Google has already submitted its brief, and Oracle is expected to submit its brief on February 12, 2020. This article breaks down the arguments likely to be heard by the Supreme Court.

1 Stanford Law Professor Mark Lemley, “Supreme Court, Finally, Takes Up ‘Google v. Oracle’,” available online.

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