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Overview

It was billed the "copyright case of the century" - a clash between two software titans about the software code used in every Android phone. Now that the Supreme Court has weighed in, what is next? How broad - or narrow - is this ruling? Does it "make copyrights in software unenforceable" like some commentators argued, or does it simply enable competition amongst different software providers? And what does the court's discussion of fair use mean for copyrighted works outside of software? In this Briefing, experts from three different amici in the case will deconstruct the Supreme Court's opinion to identify exactly what the Supreme Court said - and where the next battle lines are likely to be drawn.

Topics to be addressed include:

  • Background of the case: How did we get here? What were all the rulings leading up to the Supreme Court's decision? (9 minutes)
  • Breaking down the decision: What exactly did the Supreme Court decide? What is the holding, what is dicta, and what is in-between? (17 minutes)
  • Immediate effects: What does this mean for Oracle, for Google, and for Java? What is the effect on software? What about other APIs? What about open source? (17 minute)
  • Effect on copyright: How might the Google v. Oracle decision apply more generally? Is it "good for declaring code only," or is it more broadly applicable? What are the next court cases going to be about? (17 minutes)

 

Panelists:

Van Lindberg, Partner, Taylor English Duma LLP

Charles Duan, Senior Fellow and Associate Director of Tech & Innovation Policy at the R Street Institute

Nancy E. Wolff, Partner, Cowan, DeBaets, Abrahams & Sheppard LLP

 

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