Post by
cabbieJBJ on Apr 07, 2021 12:12am
Repost - SCOTUS decision
I want to repost this because it could be very important. Yesterday, the SCOTUS ruled that Google did not infringe Oracle's copyrighted JAVA software code because Google only copied a portion, which in the opinon of the majority, represented a small portion of the overall Android product.
IP Watchdog wrote of the subject:
https://www.ipwatchdog.com/2021/04/05/computer-programs-different-scotus-landmark-ruling-googles-v-oracle-api-fair-use/id=131823/
https://www.ipwatchdog.com/2021/04/06/license-copy-software-code-isnt-safe-google-v-oracle/id=131860/
The thinking behind this SCOTUS decision on copyright could present a potentially serious issue for IP holders. The court ruled that Google's use of Oracle's copyright software code was fair use. Then the court rationalized this position by assessing that even though Google used Oracle copyright material, the portion used was a small part of the overall Google product. Hence Google was allowed to copy Oracle JAVA code and use it without having to pay a royalty.
Now, extend that thinking to IP. Consider if infringed IP formed only a small portion of an overall product - say a smartphone - should the infringer be allowed to use the IP under a fair use doctrine.
I've asked QTRH for comment of the significance of this decision as it relates to IP.
Comment by
shareholders1 on Apr 07, 2021 6:13am
https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf Decision includes a 4 page summary at very beginning., but note the summary does not form part of the decision.