Oracle America v. Google: The battle of the code

Guest post by Carlos Muñoz Ferrandis*


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”

SEP licensing and competition law: DOJ and European Commission bless a new “patent-friendly” approach

Recently, the debate on the applicability of competition law to the licensing of standard-essential patents (SEPs) has come to a turning point. Indeed, both the US Department of Justice (DOJ) and the European Commission are making an attempt to provide a final answer to the following questions:

1) should the conduct of SEP-holders be subject to the application of competition law?

2) should standard-setting organisations (SSO) provide guidance on the meaning of “fair, reasonable and non-discriminatory” terms (FRAND), or would that guidance amount to a price-fixing cartel?

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Google held liable in Italy for abuse of economic dependence

abuse of economic dependenceAfter being investigated for an alleged breach of competition law, Google is now experiencing negative outcomes also in the context of private enforcement, as the Court of first instance of Milan held Big G liable for abuse of economic dependence. This concept is unknown to EU competition law and is a separate concept from the abuse of dominant position.

Continue reading “Google held liable in Italy for abuse of economic dependence”