Oracle and Google have been fighting over Google’s use of JAVA API packages in Google’s Android operating system for the last seven years in a case that has bounced back and forth between the Northern District of California, Federal Circuit, and Supreme Court. In a blow to Google, the Federal Circuit recently overturned a jury verdict supporting Google’s fair use defense to copyright infringement. After walking through the requirements to support a fair use defense, the Federal Circuit found that Google’s copying of Oracle’s JAVA API packages was not fair use under Section 107 of the 1976 Copyright Act and remanded the case for a trial on damages. While this is a clear win for Oracle and is good news for copyright holders, especially owners of copyrights on software, Google can request rehearing by the Federal Circuit or appeal the decision to the Supreme Court. Thus, Oracle’s and Google’s long battle over API copyrights is still far from over.

 

Read the full opinion of the Federal Circuit here, Oracle America, Inc. v. Google LLC