Practical Implications of Supreme Court’s Decision in Oracle v. Google
There are important takeaways from the Supreme Court’s new Oracle v. Google case. The Court accepted, without discussion, that software is protected under Copyright law. The Court additionally acknowledged that equitable principles underlie the codified fair use defense, making it a mixed question of fact and law. The Court also expanded the fair use doctrine to allow for interoperability which may have profound effects on software and data driven industries. While it is too early to know the full impact of this decision on technology, it is important to understand how it could. (Trial attorney John Shaeffer explored these issues prior to the decision in Oracle v. Google in an article in Santa Clara Computer and High Technology Law Journal, Vol. 33, No. 3, 2017 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2926484 ).