Patently Strategic - Patent Strategy for Startups

Google v. Oracle: The Future of Software and Fair Use

May 6, 2021

Experts discuss the Google v. Oracle case, exploring the copyright aspect, Supreme Court's view on intellectual property, contrasting perspectives on the case's implications for software developers, concerns about Google's power and behavior, and the potential consequences of a ruling against Google.

01:02:17

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Quick takeaways

The court's consideration of the purpose and character of Google's use against the transformative nature of their copying the code in the debate over whether Oracle's code is protected by copyright law.

Different opinions on the creativity and functionality of the Java API and whether it was sufficiently creative and original.

Different opinions on the significance of the amount of code copied in relation to the heart of the copyrighted work and its market impact.

Deep dives

Copyrightability of the code

The podcast episode discusses the debate over whether the code authored by Oracle is protected by copyright law, although the court did not directly address this issue.

Introduction

5min

Introductions and Favorite Animals

8min

Google v. Oracle: Copyright Aspect

26min

Supreme Court's View on Intellectual Property

15min

Exploring Contrasting Perspectives on the Google v. Oracle Case

2min

Concerns about Google's Power and Behavior

4min

Implications of a Ruling Against Google and Speculation on its Future

2min

Listen in as our expert panel breaks down Google v Oracle and what it means for the future of software development and fair use. This legal contest has been heralded as the “World Series of IP cases” and the “copyright case of the decade”.

It’s a landmark case, 11 years in the making, between two industry heavyweights – Google, the undisputed king of search and mobile operating system market share, accused of both patent and copyright infringement against Oracle, the owner of the ubiquitous Java API.

At stake is a winner take or keep-all purse of $9 billion in damages and a Supreme Court ruling that will dictate the future of software interface copyright law. Ashley Sloat, President & Director of Patent Strategy here at Aurora, serves as your guide, cutting through 11 years of case law, 3 trials, 2 appeals, and endless technology metaphors, all in an illuminating IP conversation that runs the gamut from patent infringement to copyright violation and ultimately settles on a matter of fair use doctrine.

Ashley is joined today by an exceptional group of IP and tech domain experts including:

* Steve Stupp, Partner at Stupp Associates, LLC
* David Jackrel, President of Jackrel Consulting
* David Cohen, Principal at Cohen Sciences
* Katrin Kareht, Sr. Director of Intellectual Property at Perfect Day
* Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting
* Shelley Couturier, Patent Strategist and Search Specialist at Aurora Consulting
* Dominic Filice, Patent Expert at Parola Analytics, Inc.
* Josh Sloat, Executive Technology Advisor at Aurora Consulting

** Resources **

* Slides: https://www.slideshare.net/JoshSloat1/google-v-oracle-the-future-of-software-and-fair-use

* Show notes: https://www.aurorapatents.com/blog/new-podcast-google-v-oracle

* Supreme Court Opinion: https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf

***

** Follow Aurora Consulting **

* Home: https://www.aurorapatents.com/

* Twitter: https://twitter.com/AuroraPatents

* LinkedIn: https://www.linkedin.com/company/aurora-cg/

* Facebook: https://www.facebook.com/aurorapatents/

* Instagram: https://www.instagram.com/aurorapatents/

And as always, thanks for listening!

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