Case Study 2 (Finals) : Google LLC v. Oracle America, Inc.

Instructions

The case Google LLC v. Oracle America, Inc. conveys the essence of computer code and copyright law in the United States. The conflict centred on Googles early versions of the Android operating system using parts of the Java programming languages application programming interfaces (APIs) and around 11,500 lines of Oracle-owned source code. Since then, Google has migrated Android to a copyright-free engine without the source code, admitting to using the APIs but claiming that this was legal.

The United States Supreme Court ruled on April 5, 2021, that Google did not infringe on Oracles copyrights by copying 11,500 lines of Java SE API code.

Oracle first filed this lawsuit in the Northern District of California in 2011, alleging that Google violated its patents and copyrights in Java SE API code. Initially, the District Court divided the claims into three separate cases: one for copyright, one for patent, and a third for harm calculations.

Although the patent claims were dismissed by a jury, the copyright claims were not. Lower courts disagreed on whether Googles usage counted as fair use, that would prevent an infringement ruling. Google filed a petition for certiorari after the Federal Circuit ruled that Google infringed the copyright, and thereafter, remanded the case to determine damages. The Supreme Court finally heard the arguments in early October 2020.

The case questions whether Googles Android operating system infringed on Java API, which Oracle owns. The copyright infringement case will impact whether functional code can continue to be considered fair use and has the potential to radically transform software development.

Its important to note that Google has had its fair share of famous intellectual property cases. In 2012, Rosetta Stone Inc. settled out of court with the company for trademark infringement lawsuit. Its complaint was that Google was allowing advertisers and other companies to buy sponsored ads that were associated with keywords related to its trademark. In addition to allowing its competitors to take advantage of Rosetta Stones trademark and identity, it allowed counterfeit programs the opportunity to capitalize on its name as well. Theyre not the only company to bring a case over the search engine either: American Airlines settled its intellectual property suit over keywords out of court back in 2008, and four years before that, the insurance company, Geico, lost its case against the tech giant.

Use the guide question below:

1. Outline as clearly as possible the main facts of this case and explain the moral issues at stake.

2. Assume that you are an attorney representing Google (or Oracle). Prepare a two-page brief defending the position of your client.

3. If you were a Supreme Court Justice and the Court decided to hear this case, would you vote in favor of Oracle or Google? Explain your reasoning in one succinct paragraph.