Oracle America v. Google: The battle of the code

Guest post by Carlos Muñoz Ferrandis*

Introduction

Welcome to a clash of software titans, where Oracle achieved to defend its proprietary code (Java) from the unstoppable and ever-expanding dominion of the open source-based Google platform, Android. This decision, even if showing an incredibly interesting copyright case shaping the U.S. concept of the fair use, pushes us to go beyond and adopt an overall perspective of current market behaviours of tech giants in the software sector.

The story of the case could be divided in two parts. The first one, dealing with the copyrightability of 37 Application Programming Interfaces (API). The Federal Circuit in 2014, following Oracle’s appeal to a 2012 District Court decision, declared the declaring code and the API packages’ structure, sequence, and organization (SSO) copyrightable as a matter of law. And the second one, where the two software giants had opposing approaches on question of fair use. Oracle again appealed a District Court decision of 2016, where the court had found that there was fair use. This stage ended on the 27th of March 2018 when the Federal Circuit declared that Google’s use of the Java API packages was not fair use. Continue reading “Oracle America v. Google: The battle of the code”

Report from the 37th ATRIP Annual Conference in Helsinki – “Fairness, Morality and Ordre Public in Intellectual Property”

Setting the Stage

The general objective of the ATRIP organization is to contribute to the advancement of teaching and research in the field of the law of intellectual property (“IP”). The previous annual conference was organized in New Zealand. This year it was time to head north when the conference was organized in Helsinki and the topic was “Fairness, Morality and Ordre Public in Intellectual Property”. As a Finn, it was of course a particular pleasure to see around 160 IP scholars from all over the world in one’s hometown.

On the Stage

The first morning session on Monday kicked off with the overarching topic of “Measuring and Defining Fairness, Morality and Ordre Public in IP Law”. This session was chaired by Graeme Dinwoodie (Chicago-Kent College of Law, USA). Questions discussed were inter alia fairness in international IP instruments as well as public order. The second session, “Fairness, Morality and Ordre Public: What Does it Mean for Authors?” was chaired by Sam Ricketson (University of Melbourne, Australia). In this session, the balance of rights bwetween right holders and the authors were discussed as well as “fair” remuneration for authors. There was also a quite interesting presentation of copyright in street art by Pascale Chapdelaine (University of Windsor, Canada). One of the afternoon sessions had the topic “Fairness, Morality and Ordre Public: What Does it Mean for Groundbreaking Technologies?” and was chaired by Jens Schovsbo, (University of Copenhagen, Denmark). Here the presentations inter alia dealt with AI, blockchain and 3D printing.

Continue reading “Report from the 37th ATRIP Annual Conference in Helsinki – “Fairness, Morality and Ordre Public in Intellectual Property””