On May 9, 2014, the appellate court handed down its 69-page decision in the Oracle v. Google API copyright case. The court ruled in favor of Oracle but pushed some remaining issues back to the lower court. A few takeaways for software and SaaS companies.
Thin Slicing. One clear theme from the case is that courts do not think all software is equal. Courts will look very closely at the actual code (how it was created, how it works, what functions it performs) and the same for the alleged infringing code. These cases are very fact-specific and can become super expensive to litigate.
Functions (and Short Phrases) May Be Copyrighted. The court made it clear that because something performs a function (or is a short phrase), it does not necessarily mean it is uncopyrightable. Even if an element is functional (like “File,” “Print,” “Quit”), the code that implements the function may be copyrightable as it will likely contain original expression.
If an API Can Be Written in Many Ways, It May Get Copyright Protection. Good news for software companies with APIs — the law tends to protect APIs more than people previously thought.
Bar to Copyrightability vs. Bar for Infringement. Proving that something is subject to copyright protection is a fairly low bar. Proving that someone infringed on the copyright is not that easy.
This decision really turned on how Java works, how it was designed, and how Google implemented it. Change the facts and the outcome may be very different.
For the wider pattern of how software-licensing disputes get litigated, see How the Leegin Case Changed Software Reseller Law and the rest of the litigation cluster.
Resources:
Appellate Opinion on May 9, 2014
Disclaimer: This post is for informational and educational purposes only, and is not legal advice.