Copyright And Fair Use In Software: Google V. Oracle America, Inc..pdf

Facts:

- Oracle America, Inc. owns a copyright in Java SE, a computer platform using the popular Java programming language.
- In 2005, Google acquired Android and sought to build a mobile device software platform.
- To facilitate programmers' transition to Android, Google copied roughly 11,500 lines of code (API) from Java SE.

Legal Issue:

Whether Google's copying of the Java SE API constituted a permissible "fair use" under copyright law, freeing them from liability.

Proceedings:

- Lower courts considered whether:
1. The copied lines were copyrightable.
2. If so, was Google's copying a fair use?
- Federal Circuit held that the copied lines are copyrightable and Google's copying wasn't fair use as a matter of law.
- Supreme Court agreed to review the Federal Circuit's determinations on both copyrightability and fair use.

Holding:

Google’s copying of the Java SE API was a fair use as a matter of law because:

1. Copyright Limitation: The copied lines, being part of an interface that combines copyrighted code with uncopyrightable ideas and new creative expression, don't extend copyright protection to harm the public interest.

2. Fair Use Factors:
- Purpose & Character: Google’s copying was transformative as it aimed to create a different computing environment for smartphones while leveraging familiar programming language.
- Nature of Work: The API code is distinct from other types of code because its value relies heavily on user investment (programmers' knowledge of the API).
- Amount & Substantiality: 11,500 lines (0.4% of the API) were copied, viewed as a small part of the whole.
- Market Impact: No evidence shows that Google's copying negatively impacted Oracle’s potential market for or value of the copyrighted work.

Ruling:

The Supreme Court reversed the Federal Circuit and held that Google's limited copying was a fair use.