Logical Analysis Report

Key Focus

• Both parties agreed that Oracle could enter Google's. current market by licensing its declaring code. But by copying the code and releasing Android, Google eliminated Oracle's opportunity to license its code for that use
• Google's copying. In 2015 alone, the year before the fairuse trial, Google earned $18 billion from Android.
• from Google's copying was 'overwhelming.'" 886 F. 3d 1179,. 1209 (2018). By copying Oracle's code to develop and release Android, Google ruined Oracle's potential market in
• we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the

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High Level Topics

GOOGLE

COMPUTER

ANDROID

COPYING

High Level Abstractions

GOOGLE(118, 0 Order)

( GOOGLE )(118, 0 Order)  top

( GOOGLE, ANDROID )(27, 1st Order)  top

( GOOGLE, ANDROID, SUN )(6, 2nd Order)  top

( GOOGLE, ANDROID, SUN, TECHNOLOGY )(2, 3rd Order)  top

( GOOGLE, ANDROID, SUN, SMARTPHONE )(2, 3rd Order)  top

( GOOGLE, ANDROID, COPYING )(4, 2nd Order)  top

( GOOGLE, ANDROID, SOFTWARE )(3, 2nd Order)  top

( GOOGLE, ANDROID, OPERATING )(1, 2nd Order)  top

( GOOGLE, ANDROID, MANUFACTURERS )(1, 2nd Order)  top

( GOOGLE, ANDROID, EMBED )(1, 2nd Order)  top

( GOOGLE, ANDROID, TECHNOLOGY )(3, 2nd Order)  top

( GOOGLE, ANDROID, SMARTPHONE )(4, 2nd Order)  top

( GOOGLE, ANDROID, RELEASE )(1, 2nd Order)  top

( GOOGLE, ANDROID, MARKETS )(1, 2nd Order)  top

( GOOGLE, ANDROID, LOSS )(1, 2nd Order)  top

( GOOGLE, COPYING )(23, 1st Order)  top

( GOOGLE, COPYING, CONSTITUTED )(3, 2nd Order)  top

( GOOGLE, COPYING, LIABILITY )(2, 2nd Order)  top

( GOOGLE, COPYING, JAVA_SE )(2, 2nd Order)  top

( GOOGLE, COPYING, FEDERAL_CIRCUIT )(4, 2nd Order)  top

( GOOGLE, COPYING, FEDERAL )(1, 2nd Order)  top

( GOOGLE, COPYING, COURT )(1, 2nd Order)  top

( GOOGLE, COPYING, COPYRIGHTABLE )(2, 2nd Order)  top

( GOOGLE, COPYING, WORK-IS )(1, 2nd Order)  top

( GOOGLE, COPYING, UNCOPYRIGHTABLE )(1, 2nd Order)  top

( GOOGLE, COPYING, SUN_JAVA_API )(3, 2nd Order)  top

( GOOGLE, API )(21, 1st Order)  top

( GOOGLE, API, SUN_JAVA )(7, 2nd Order)  top

( GOOGLE, API, SUN_JAVA, INFRINGED )(1, 3rd Order)  top

( GOOGLE, API, SUN_JAVA, COURT )(1, 3rd Order)  top

( GOOGLE, API, SUN_JAVA, COPYING )(1, 3rd Order)  top

( GOOGLE, API, COPYING )(2, 2nd Order)  top

( GOOGLE, API, TECHNOLOGY )(1, 2nd Order)  top

( GOOGLE, API, SUN )(2, 2nd Order)  top

( GOOGLE, API, SMARTPHONE )(1, 2nd Order)  top

( GOOGLE, API, MARKETS )(1, 2nd Order)  top

( GOOGLE, API, LIABILITY )(1, 2nd Order)  top

( GOOGLE, API, JAVA_SE )(1, 2nd Order)  top

( GOOGLE, API, INFRINGED )(2, 2nd Order)  top

( GOOGLE, API, FEDERAL_CIRCUIT )(1, 2nd Order)  top

( GOOGLE, API, COURT )(2, 2nd Order)  top

( GOOGLE, SUN )(11, 1st Order)  top

( GOOGLE, SUN, SMARTPHONE )(3, 2nd Order)  top

( GOOGLE, SUN, TECHNOLOGY )(2, 2nd Order)  top

( GOOGLE, SUN, PHONE )(1, 2nd Order)  top

( GOOGLE, SUN, PARODY )(1, 2nd Order)  top

( GOOGLE, SUN, MOBILE )(1, 2nd Order)  top

( GOOGLE, SUN, MARKETS )(1, 2nd Order)  top

( GOOGLE, SUN, CEO )(1, 2nd Order)  top

( GOOGLE, SUN, BESET )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT )(13, 1st Order)  top

( GOOGLE, FEDERAL_CIRCUIT, SUN_JAVA_API )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, MANUFACTURERS )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, JAVA_SE_API )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, JAVA_LIBRARIES )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, JAVA-COMPATIBILITY )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, DRUDGERY )(1, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, DETERMINATIONS )(2, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, COURT )(2, 2nd Order)  top

( GOOGLE, FEDERAL_CIRCUIT, COPYRIGHTABLE )(2, 2nd Order)  top

( GOOGLE, COURT )(16, 1st Order)  top

( GOOGLE, COURT, WRIT )(3, 2nd Order)  top

( GOOGLE, COURT, CERTIORARI )(5, 2nd Order)  top

( GOOGLE, COURT, CERTIORARI, WRIT )(2, 3rd Order)  top

( GOOGLE, COURT, SUN_JAVA )(1, 2nd Order)  top

( GOOGLE, COURT, SMARTPHONE )(1, 2nd Order)  top

( GOOGLE, COURT, INSTRUCTS )(1, 2nd Order)  top

( GOOGLE, COURT, COMPUTER )(1, 2nd Order)  top

( GOOGLE, COURT, ANDROID_API )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA )(7, 1st Order)  top

( GOOGLE, SUN_JAVA, INFRINGED )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA, COPYING )(1, 2nd Order)  top

( GOOGLE, COPYRIGHTABLE )(6, 1st Order)  top

( GOOGLE, COPYRIGHTABLE, FEDERAL )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API )(8, 1st Order)  top

( GOOGLE, SUN_JAVA_API, SUN )(2, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, TASKIMPLEMENTING )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, SMARTPHONE )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, PARODY )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, ORGANIZES )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, INSEPARABLY )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, COMPUTER )(1, 2nd Order)  top

( GOOGLE, SUN_JAVA_API, API )(1, 2nd Order)  top

( GOOGLE, SMARTPHONE )(6, 1st Order)  top

( GOOGLE, SMARTPHONE, TECHNOLOGY )(2, 2nd Order)  top

( GOOGLE, SMARTPHONE, CEO )(1, 2nd Order)  top

( GOOGLE, MANUFACTURERS )(4, 1st Order)  top

( GOOGLE, JAVA_SE )(6, 1st Order)  top

( GOOGLE, JAVA_SE, ANDROID )(2, 2nd Order)  top

( GOOGLE, JAVA_SE, SOFTWARE )(1, 2nd Order)  top

( GOOGLE, JAVA_SE, CONSTITUTED )(1, 2nd Order)  top

( GOOGLE, JAVA_SE, APPLICATION_PROGRAMMING_INTERFACE )(1, 2nd Order)  top

COMPUTER(54, 0 Order)

( COMPUTER )(54, 0 Order)  top

( COMPUTER, GOOGLE )(5, 1st Order)  top

( COMPUTER, GOOGLE, USERS )(1, 2nd Order)  top

( COMPUTER, GOOGLE, SOFTWARE )(1, 2nd Order)  top

( COMPUTER, GOOGLE, INVESTMENT )(1, 2nd Order)  top

( COMPUTER, GOOGLE, API )(1, 2nd Order)  top

( COMPUTER, GOOGLE, ANDROID )(1, 2nd Order)  top

( COMPUTER, SOFTWARE )(3, 1st Order)  top

( COMPUTER, INSTRUCTS )(2, 1st Order)  top

( COMPUTER, USERS )(1, 1st Order)  top

( COMPUTER, USER )(3, 1st Order)  top

( COMPUTER, UNCOPIED )(1, 1st Order)  top

( COMPUTER, TIME )(2, 1st Order)  top

( COMPUTER, SUN_JAVA_API )(3, 1st Order)  top

( COMPUTER, STREET_INSTITUTE )(1, 1st Order)  top

( COMPUTER, STAT )(1, 1st Order)  top

( COMPUTER, PICTUR )(1, 1st Order)  top

( COMPUTER, PAINTINGS )(1, 1st Order)  top

ANDROID(43, 0 Order)

( ANDROID )(43, 0 Order)  top

( ANDROID, SUN )(10, 1st Order)  top

( ANDROID, SUN, SMARTPHONE )(2, 2nd Order)  top

( ANDROID, SUN, TECHNOLOGY )(1, 2nd Order)  top

( ANDROID, SUN, PHONE )(2, 2nd Order)  top

( ANDROID, SUN, MOBILE )(3, 2nd Order)  top

( ANDROID, SUN, MARKETS )(1, 2nd Order)  top

( ANDROID, SUN, API )(3, 2nd Order)  top

( ANDROID, SOFTWARE )(6, 1st Order)  top

( ANDROID, SOFTWARE, SMARTPHONES )(2, 2nd Order)  top

( ANDROID, SOFTWARE, OPERATING )(1, 2nd Order)  top

( ANDROID, SOFTWARE, MOBILE )(2, 2nd Order)  top

( ANDROID, SOFTWARE, DEVELOPERS )(1, 2nd Order)  top

( ANDROID, RELEASE )(3, 1st Order)  top

( ANDROID, MANUFACTURERS )(3, 1st Order)  top

( ANDROID, COPYING )(5, 1st Order)  top

( ANDROID, COPYING, SUN_JAVA_API )(2, 2nd Order)  top

( ANDROID, COPYING, RELEASE )(1, 2nd Order)  top

( ANDROID, COPYING, FAIRUSE )(1, 2nd Order)  top

( ANDROID, COPYING, CONSTITUTED )(1, 2nd Order)  top

( ANDROID, SMARTPHONE )(5, 1st Order)  top

( ANDROID, SMARTPHONE, TECHNOLOGY )(2, 2nd Order)  top

( ANDROID, OPERATING )(1, 1st Order)  top

( ANDROID, MOBILE )(6, 1st Order)  top

( ANDROID, MOBILE, GOOGLE )(2, 2nd Order)  top

( ANDROID, MOBILE, TECHNOLOGY )(1, 2nd Order)  top

( ANDROID, MOBILE, SMARTPHONES )(1, 2nd Order)  top

( ANDROID, MOBILE, SMARTPHONE )(1, 2nd Order)  top

( ANDROID, MOBILE, PHONE )(2, 2nd Order)  top

( ANDROID, MOBILE, OPERATING )(1, 2nd Order)  top

( ANDROID, MOBILE, DEVELOPERS )(1, 2nd Order)  top

( ANDROID, EMBED )(1, 1st Order)  top

( ANDROID, CONSUMERS )(2, 1st Order)  top

( ANDROID, VERBATIM )(1, 1st Order)  top

COPYING(35, 0 Order)

( COPYING )(35, 0 Order)  top

( COPYING, COURT )(5, 1st Order)  top

( COPYING, COURT, FEDERAL_CIRCUIT )(2, 2nd Order)  top

( COPYING, COURT, DETERMINATIONS )(1, 2nd Order)  top

( COPYING, COURT, COPYRIGHTABLE )(1, 2nd Order)  top

( COPYING, COURT, COMPUTER )(1, 2nd Order)  top

( COPYING, COPYRIGHTABLE )(3, 1st Order)  top

( COPYING, CONSTITUTED )(4, 1st Order)  top

( COPYING, LIABILITY )(2, 1st Order)  top

( COPYING, JAVA_SE )(2, 1st Order)  top

( COPYING, FEDERAL_CIRCUIT )(3, 1st Order)  top

( COPYING, FEDERAL )(1, 1st Order)  top

( COPYING, ANTE )(2, 1st Order)  top

( COPYING, WORK-IS )(1, 1st Order)  top

( COPYING, UNCOPYRIGHTABLE )(1, 1st Order)  top

References

• ( GOOGLE )  top
• ( GOOGLE, ANDROID )  top
• ( GOOGLE, ANDROID, SUN )  top
• ( GOOGLE, ANDROID, SUN, TECHNOLOGY )  top
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly.
• (Read more)   topSecond, the jury was repeatedly told that devices using. Google's Android platform were different in kind from those. that licensed Sun's technology.
• ( GOOGLE, ANDROID, SUN, SMARTPHONE )  top
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly.
• (Read more)   topCEO was asked directly whether Sun's failure to build a. smartphone was attributable to Google's development of. Android, he answered that it was not.
• ( GOOGLE, ANDROID, COPYING )  top
• (Read more)   topwe hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the
• (Read more)   topfrom Google's copying was 'overwhelming.'" 886 F. 3d 1179,. 1209 (2018). By copying Oracle's code to develop and release Android, Google ruined Oracle's potential market in
• (Read more)   topBoth parties agreed that Oracle could enter Google's. current market by licensing its declaring code. But by copying the code and releasing Android, Google eliminated Oracle's opportunity to license its code for that use
• (Read more)   topGoogle's copying. In 2015 alone, the year before the fairuse trial, Google earned $18 billion from Android.
• ( GOOGLE, ANDROID, SOFTWARE )  top
• (Read more)   topthat uses the popular Java computer programming language. In 2005,. Google acquired Android and sought to build a new software platform. for mobile devices. To allow the millions of programmers familiar with.
• (Read more)   topworked for more than three years to create Google's Android platform software. Id., at 45, 117, 212. In doing so,. Google tailored the Android platform to smartphone technology, which differs from desktop and laptop computers in
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system
• ( GOOGLE, ANDROID, OPERATING )  top
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system. it was developing for mobile phones.
• ( GOOGLE, ANDROID, MANUFACTURERS )  top
• (Read more)   topthen advertised Android to device manufacturers as containing "Core Java Libraries." Id., at 600. Oracle predictably responded by suing Google for copyright infringement
• ( GOOGLE, ANDROID, EMBED )  top
• (Read more)   topmanufacturers no longer saw much reason to pay to embed. the Java platform.. For example, before Google released Android, Amazon. paid for a license to embed the Java platform in Kindle devices
• ( GOOGLE, ANDROID, TECHNOLOGY )  top
• (Read more)   topworked for more than three years to create Google's Android platform software. Id., at 45, 117, 212. In doing so,. Google tailored the Android platform to smartphone technology, which differs from desktop and laptop computers in.
• (Read more)   topsuccessfully whether Google did, or did not, copy a part of. its API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly.
• (Read more)   topSee ( GOOGLE , ANDROID , SUN , TECHNOLOGY )
• ( GOOGLE, ANDROID, SMARTPHONE )  top
• (Read more)   topShortly after acquiring the Android firm, Google began. talks with Sun about the possibility of licensing the entire. Java platform for its new smartphone technology.
• (Read more)   topworked for more than three years to create Google's Android platform software. Id., at 45, 117, 212. In doing so,. Google tailored the Android platform to smartphone technology, which differs from desktop and laptop computers in.
• (Read more)   topsuccessfully whether Google did, or did not, copy a part of. its API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly.
• (Read more)   topCEO was asked directly whether Sun's failure to build a. smartphone was attributable to Google's development of. Android, he answered that it was not. Given
• ( GOOGLE, ANDROID, RELEASE )  top
• (Read more)   topfrom Google's copying was 'overwhelming.'" 886 F. 3d 1179,. 1209 (2018). By copying Oracle's code to develop and release Android, Google ruined Oracle's potential market in.
• ( GOOGLE, ANDROID, MARKETS )  top
• (Read more)   topAs to the likely amount of loss, the jury could have found. that Android did not harm the actual or potential markets.
• ( GOOGLE, ANDROID, LOSS )  top
• (Read more)   topof Google's reimplementation.. As to the likely amount of loss, the jury could have found. that Android did not harm the actual or potential markets.
• ( GOOGLE, COPYING )  top
• ( GOOGLE, COPYING, CONSTITUTED )  top
• (Read more)   topwhether Java SE's owner could copyright the copied lines from the. API, and (2) if so, whether Google's copying constituted a permissible. "fair use" of that material freeing Google from copyright liability
• (Read more)   topThe lower courts have considered (1) whether Java SE's owner could copyright the. portion that Google copied, and (2) if so, whether Google's. copying nonetheless constituted a "fair use" of that material, thereby freeing Google from copyright liability.
• (Read more)   topBut. we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the.
• ( GOOGLE, COPYING, LIABILITY )  top
• (Read more)   topAPI, and (2) if so, whether Google's copying constituted a permissible. "fair use" of that material freeing Google from copyright liability.
• (Read more)   topcopying nonetheless constituted a "fair use" of that material, thereby freeing Google from copyright liability.
• ( GOOGLE, COPYING, JAVA_SE )  top
• (Read more)   topwhether Java SE's owner could copyright the copied lines from the. API, and (2) if so, whether Google's copying constituted a permissible
• (Read more)   topThe lower courts have considered (1) whether Java SE's owner could copyright the. portion that Google copied, and (2) if so, whether Google's
• ( GOOGLE, COPYING, FEDERAL_CIRCUIT )  top
• (Read more)   topCourt agreed to review the Federal Circuit's determinations as to both. copyrightability and fair use.. Held: Google's copying of the Java SE API, which included only those
• (Read more)   topin a new and transformative program, Google's copying of. the Sun Java API was a fair use of that material as a matter. of law. The Federal Circuit's contrary judgment is reversed,.
• (Read more)   topThe Federal Circuit ruled that Oracle's declaring code is. copyrightable and that Google's copying of it was not fair
• (Read more)   topAs the Federal Circuit correctly determined, "evidence of actual and potential harm stemming. from Google's copying was 'overwhelming.'" 886 F
• ( GOOGLE, COPYING, FEDERAL )  top
• (Read more)   topAfter a jury then found for Google on fair use, the. Federal Circuit reversed, concluding that Google's copying was not a. fair use as a matter of law
• ( GOOGLE, COPYING, COURT )  top
• (Read more)   topa "fair use" of a copyrighted work. Google's petition asks the. Court to apply both provisions to the copying at issue here. To decide.
• ( GOOGLE, COPYING, COPYRIGHTABLE )  top
• (Read more)   topFederal Circuit held in Oracle's favor (i.e., that the portion. is copyrightable and Google's copying did not constitute a. "fair use"). In reviewing that decision, we assume, for argument's sake, that the material was copyrightable
• (Read more)   topThe Federal Circuit ruled that Oracle's declaring code is. copyrightable and that Google's copying of it was not fair.
• ( GOOGLE, COPYING, WORK-IS )  top
• (Read more)   top------ 5The fourth factor-the effect of Google's copying on the potential market for Oracle's work-is "undoubtedly the single most important element of fair use." Harper & Row, Publishers, Inc v
• ( GOOGLE, COPYING, UNCOPYRIGHTABLE )  top
• (Read more)   topand because it is "inherently bound together with uncopyrightable ideas." Ante, at 23-24.. ------ 5The fourth factor-the effect of Google's copying on the potential market for Oracle's work-is "undoubtedly the single most important element of fair use."...
• ( GOOGLE, COPYING, SUN_JAVA_API )  top
• (Read more)   topNow we can return to the copying at issue in this case.. Google did not copy the task-implementing programs, or. implementing code, from the Sun Java API.
• (Read more)   topbeen difficult for Sun to enter the smartphone market, even. had Google not used portions of the Sun Java API.. On the other hand, Google's copying helped Google make.
• (Read more)   topin a new and transformative program, Google's copying of. the Sun Java API was a fair use of that material as a matter. of law. The Federal Circuit's contrary judgment is reversed,
• ( GOOGLE, API )  top
• ( GOOGLE, API, SUN_JAVA )  top
• ( GOOGLE, API, SUN_JAVA, INFRINGED )  top
• (Read more)   topAt the outset Oracle complained that Google's use of the Sun Java. API violated both copyright and patent laws. For its copyright claim, Oracle alleged that Google infringed its copyright by copying, for 37 packages, both the literal declaring.
• ( GOOGLE, API, SUN_JAVA, COURT )  top
• (Read more)   top886 F. 3d, at 1193. Deciding that question of law, the court held that Google's use of the Sun Java. API was not a fair use. It wrote that "[t]here is nothing fair
• ( GOOGLE, API, SUN_JAVA, COPYING )  top
• (Read more)   topAPI violated both copyright and patent laws. For its copyright claim, Oracle alleged that Google infringed its copyright by copying, for 37 packages, both the literal declaring.
• ( GOOGLE, API, COPYING )  top
• (Read more)   topwhether Java SE's owner could copyright the copied lines from the. API, and (2) if so, whether Google's copying constituted a permissible. "fair use" of that material freeing Google from copyright liability
• (Read more)   topSee ( GOOGLE , API , SUN_JAVA , COPYING )
• ( GOOGLE, API, TECHNOLOGY )  top
• (Read more)   topSee ( GOOGLE , ANDROID , TECHNOLOGY )
• ( GOOGLE, API, SUN )  top
• (Read more)   topany other desired (normally far more complex) task. This. implementing code constitutes the vast majority of both the. Sun Java API and the API that Google created for Android.. App. For most of the packages in its new API, Google
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly.
• ( GOOGLE, API, SMARTPHONE )  top
• (Read more)   topSee ( GOOGLE , ANDROID , SMARTPHONE )
• ( GOOGLE, API, MARKETS )  top
• (Read more)   topOracle) would not have been able to enter those markets. successfully whether Google did, or did not, copy a part of. its API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly
• ( GOOGLE, API, LIABILITY )  top
• (Read more)   topSee ( GOOGLE , COPYING , LIABILITY )
• ( GOOGLE, API, JAVA_SE )  top
• (Read more)   topSee ( GOOGLE , COPYING , JAVA_SE )
• ( GOOGLE, API, INFRINGED )  top
• (Read more)   topSee ( GOOGLE , API , SUN_JAVA , INFRINGED )
• (Read more)   toplaw could protect an API and that the jury should decide. whether Google's use of Oracle's API infringed its copyright.
• ( GOOGLE, API, FEDERAL_CIRCUIT )  top
• (Read more)   topof that API was a "fair use." Unlike the Federal Circuit, we. conclude that it was.
• ( GOOGLE, API, COURT )  top
• (Read more)   topSee ( GOOGLE , API , SUN_JAVA , COURT )
• (Read more)   topus to determine whether Google's use of the API was a "fair. Cite as: 593 U. S. (2021) 15. Opinion of the Court.
• ( GOOGLE, SUN )  top
• ( GOOGLE, SUN, SMARTPHONE )  top
• (Read more)   topSee ( GOOGLE , ANDROID , SUN , SMARTPHONE )
• (Read more)   topWhen Sun's former. CEO was asked directly whether Sun's failure to build a. smartphone was attributable to Google's development of.
• (Read more)   topobtain a license nor Oracle's conflicting evidence can overcome evidence indicating that, at a minimum, it would have. been difficult for Sun to enter the smartphone market, even. had Google not used portions of the Sun Java API.. On the other hand, Google's copying helped Google make
• ( GOOGLE, SUN, TECHNOLOGY )  top
• (Read more)   topSee ( GOOGLE , ANDROID , SUN , TECHNOLOGY )
• ( GOOGLE, SUN, PHONE )  top
• (Read more)   topthe evidence showing that Sun was beset by business challenges in developing a mobile phone product, the jury was. entitled to agree with that assessment.
• ( GOOGLE, SUN, PARODY )  top
• (Read more)   topOr, as we held in Campbell, a parody can be transformative because it comments on the original or criticizes it, for "[p]arody needs to mimic an original
• ( GOOGLE, SUN, MOBILE )  top
• (Read more)   topthe evidence showing that Sun was beset by business challenges in developing a mobile phone product, the jury was. entitled to agree with that assessment.
• ( GOOGLE, SUN, MARKETS )  top
• (Read more)   topAnd it could have found that Sun itself (now. Oracle) would not have been able to enter those markets. successfully whether Google did, or did not, copy a part of.
• ( GOOGLE, SUN, CEO )  top
• (Read more)   topWhen Sun's former. CEO was asked directly whether Sun's failure to build a. smartphone was attributable to Google's development of
• ( GOOGLE, SUN, BESET )  top
• (Read more)   topthe evidence showing that Sun was beset by business challenges in developing a mobile phone product, the jury was. entitled to agree with that assessment
• ( GOOGLE, FEDERAL_CIRCUIT )  top
• ( GOOGLE, FEDERAL_CIRCUIT, SUN_JAVA_API )  top
• (Read more)   topSee ( GOOGLE , COPYING , SUN_JAVA_API )
• ( GOOGLE, FEDERAL_CIRCUIT, MANUFACTURERS )  top
• (Read more)   topthen advertised Android to device manufacturers as containing "Core Java Libraries." Id., at 600. Oracle predictably responded by suing Google for copyright infringement.
• ( GOOGLE, FEDERAL_CIRCUIT, JAVA_SE_API )  top
• (Read more)   topCourt agreed to review the Federal Circuit's determinations as to both. copyrightability and fair use.. Held: Google's copying of the Java SE API, which included only those.
• ( GOOGLE, FEDERAL_CIRCUIT, JAVA_LIBRARIES )  top
• (Read more)   topthen advertised Android to device manufacturers as containing "Core Java Libraries." Id., at 600. Oracle predictably responded by suing Google for copyright infringement.
• ( GOOGLE, FEDERAL_CIRCUIT, JAVA-COMPATIBILITY )  top
• (Read more)   topthe use").. We do not agree with the Federal Circuit's conclusion. that Google could have achieved its Java-compatibility objective by copying only the 170 lines of code that are "necessary to write in the Java language." 886 F
• ( GOOGLE, FEDERAL_CIRCUIT, DRUDGERY )  top
• (Read more)   top"avoid the drudgery in working up something fresh," id., at. 580, Google used the declaring code for the same exact purpose Oracle did
• ( GOOGLE, FEDERAL_CIRCUIT, DETERMINATIONS )  top
• (Read more)   topCourt agreed to review the Federal Circuit's determinations as to both. copyrightability and fair use.. Held: Google's copying of the Java SE API, which included only those
• (Read more)   topGoogle then filed a petition for certiorari in this Court. It. asked us to review the Federal Circuit's determinations as.
• ( GOOGLE, FEDERAL_CIRCUIT, COURT )  top
• (Read more)   topthat question. Google petitioned this Court for a writ of certiorari, seeking review of the Federal Circuit's copyrightability determination
• (Read more)   topthis time for a trial on damages.. Google then filed a petition for certiorari in this Court. It. asked us to review the Federal Circuit's determinations as.
• ( GOOGLE, FEDERAL_CIRCUIT, COPYRIGHTABLE )  top
• (Read more)   topthe proceedings below, the Federal Circuit held that the copied lines. are copyrightable. After a jury then found for Google on fair use, the.
• (Read more)   topOracle predictably responded by suing Google for copyright infringement.. The Federal Circuit ruled that Oracle's declaring code is. copyrightable and that Google's copying of it was not fair.
• ( GOOGLE, COURT )  top
• ( GOOGLE, COURT, WRIT )  top
• (Read more)   topSupreme court of the united states. No. 18-956. GOOGLE LLC, PETITIONER v.. Oracle america, inc.. On writ of certiorari to the united states court of.
• (Read more)   topthat question. Google petitioned this Court for a writ of certiorari, seeking review of the Federal Circuit's copyrightability determination.
• ( GOOGLE, COURT, CERTIORARI )  top
• ( GOOGLE, COURT, CERTIORARI, WRIT )  top
• (Read more)   topSee ( GOOGLE , COURT , WRIT )
• ( GOOGLE, COURT, SUN_JAVA )  top
• (Read more)   topis a question of law. 886 F. 3d, at 1193. Deciding that question of law, the court held that Google's use of the Sun Java. API was not a fair use. It wrote that "[t]here is nothing fair.
• ( GOOGLE, COURT, SMARTPHONE )  top
• (Read more)   topthought that widespread use of the Java programming language, including use on a smartphone platform, would benefit the company. . Cite as: 593 U. S. (2021) 27. Opinion of the Court
• ( GOOGLE, COURT, INSTRUCTS )  top
• (Read more)   top(2021) 39. Appendix to opinion of the Court. (which Google wrote for its Android API) that actually instructs the computer in the programmer's application.
• ( GOOGLE, COURT, COMPUTER )  top
• (Read more)   topAppendix to opinion of the Court. (which Google wrote for its Android API) that actually instructs the computer in the programmer's application.
• ( GOOGLE, COURT, ANDROID_API )  top
• (Read more)   topOpinion of the Court. Cite as: 593 U. S. (2021) 39. Appendix to opinion of the Court. (which Google wrote for its Android API) that actually instructs the computer in the programmer's application.
• ( GOOGLE, SUN_JAVA )  top
• ( GOOGLE, SUN_JAVA, INFRINGED )  top
• (Read more)   topSee ( GOOGLE , API , SUN_JAVA , INFRINGED )
• ( GOOGLE, SUN_JAVA, COPYING )  top
• (Read more)   topSee ( GOOGLE , API , SUN_JAVA , COPYING )
• ( GOOGLE, COPYRIGHTABLE )  top
• ( GOOGLE, COPYRIGHTABLE, FEDERAL )  top
• (Read more)   topThe. Federal Circuit held in Oracle's favor (i.e., that the portion. is copyrightable and Google's copying did not constitute a
• ( GOOGLE, SUN_JAVA_API )  top
• ( GOOGLE, SUN_JAVA_API, SUN )  top
• (Read more)   top... it, for "[p]arody needs to mimic an original. to make its point." 510 U. S., at 580-581.. Google copied portions of the Sun Java API precisely, and. it did so in part for the same reason that Sun created those.
• (Read more)   topobtain a license nor Oracle's conflicting evidence can overcome evidence indicating that, at a minimum, it would have. been difficult for Sun to enter the smartphone market, even. had Google not used portions of the Sun Java API.. On the other hand, Google's copying helped Google make
• ( GOOGLE, SUN_JAVA_API, TASKIMPLEMENTING )  top
• (Read more)   topseveral million lines that Google did not copy. For one. thing, the Sun Java API is inseparably bound to those taskimplementing lines.
• ( GOOGLE, SUN_JAVA_API, SMARTPHONE )  top
• (Read more)   topSee ( GOOGLE , SUN , SMARTPHONE )
• ( GOOGLE, SUN_JAVA_API, PARODY )  top
• (Read more)   topSee ( GOOGLE , SUN , PARODY )
• ( GOOGLE, SUN_JAVA_API, ORGANIZES )  top
• (Read more)   topcode both labels the particular tasks in the API and organizes those tasks, or "methods," into "packages" and "classes." We have referred to this organization, by way of rough
• ( GOOGLE, SUN_JAVA_API, INSEPARABLY )  top
• (Read more)   topseveral million lines that Google did not copy. For one. thing, the Sun Java API is inseparably bound to those taskimplementing lines.
• ( GOOGLE, SUN_JAVA_API, COMPUTER )  top
• (Read more)   topviolates its copyrights.. The declaring code at issue here resembles other copyrighted works in that it is part of a computer program.
• ( GOOGLE, SUN_JAVA_API, API )  top
• (Read more)   topcode both labels the particular tasks in the API and organizes those tasks, or "methods," into "packages" and "classes." We have referred to this organization, by way of rough
• ( GOOGLE, SMARTPHONE )  top
• ( GOOGLE, SMARTPHONE, TECHNOLOGY )  top
• (Read more)   topSee ( GOOGLE , ANDROID , TECHNOLOGY )
• ( GOOGLE, SMARTPHONE, CEO )  top
• (Read more)   topSee ( GOOGLE , SUN , CEO )
• ( GOOGLE, MANUFACTURERS )  top
• (Read more)   topSee ( GOOGLE , FEDERAL_CIRCUIT , MANUFACTURERS )
• (Read more)   topat least two ways.. First, Google eliminated the reason manufacturers were. willing to pay to install the Java platform. Google's business model differed from Oracle's
• (Read more)   topWhile Oracle earned revenue by charging device manufacturers to install the Java. platform, Google obtained revenue primarily through ad. . 12 GOOGLE LLC v
• (Read more)   top(and thus with similar programming potential), device. manufacturers no longer saw much reason to pay to embed. the Java platform.. For example, before Google released Android, Amazon
• ( GOOGLE, JAVA_SE )  top
• ( GOOGLE, JAVA_SE, ANDROID )  top
• (Read more)   topOracle America, Inc, owns a copyright in Java SE, a computer platform. that uses the popular Java computer programming language. In 2005,. Google acquired Android and sought to build a new software platform.
• (Read more)   topthe Java programming language to work with its new Android platform, Google copied roughly 11,500 lines of code from the Java SE program. The copied lines are part of a tool called an Application Programming Interface (API)
• ( GOOGLE, JAVA_SE, SOFTWARE )  top
• (Read more)   topthat uses the popular Java computer programming language. In 2005,. Google acquired Android and sought to build a new software platform.
• ( GOOGLE, JAVA_SE, CONSTITUTED )  top
• (Read more)   topwhether Java SE's owner could copyright the copied lines from the. API, and (2) if so, whether Google's copying constituted a permissible.
• ( GOOGLE, JAVA_SE, APPLICATION_PROGRAMMING_INTERFACE )  top
• (Read more)   topthe Java programming language to work with its new Android platform, Google copied roughly 11,500 lines of code from the Java SE program. The copied lines are part of a tool called an Application Programming Interface (API).
• ( COMPUTER )  top
• ( COMPUTER, GOOGLE )  top
• ( COMPUTER, GOOGLE, USERS )  top
• (Read more)   topUnlike many other computer programs,. the value of the copied lines is in significant part derived from the investment of users (here computer programmers) who have learned the.
• ( COMPUTER, GOOGLE, SOFTWARE )  top
• (Read more)   topSee ( GOOGLE , JAVA_SE , SOFTWARE )
• ( COMPUTER, GOOGLE, INVESTMENT )  top
• (Read more)   topUnlike many other computer programs,. the value of the copied lines is in significant part derived from the investment of users (here computer programmers) who have learned the.
• ( COMPUTER, GOOGLE, API )  top
• (Read more)   topthe API) and the creation of new creative expression (the code independently written by Google). Unlike many other computer programs,
• ( COMPUTER, GOOGLE, ANDROID )  top
• (Read more)   topSee ( GOOGLE , JAVA_SE , ANDROID )
• ( COMPUTER, SOFTWARE )  top
• (Read more)   topSee ( GOOGLE , JAVA_SE , SOFTWARE )
• (Read more)   topenables a programmer to call up prewritten software that,. together with the computer's hardware, will carry out a. large number of specific tasks
• (Read more)   tophand, if one considers the entire set of software material in. the Sun Java API, the quantitative amount copied was. small. The total set of Sun Java API computer code, including implementing code, amounted to 2.86 million lines, of
• ( COMPUTER, INSTRUCTS )  top
• (Read more)   topFirst, the API includes "implementing code," which. . 22 GOOGLE LLC v. Oracle america, inc.. Opinion of the Court. actually instructs the computer on the steps to follow to. carry out each task. Google wrote its own programs (implementing programs) that would perform each one of the
• (Read more)   topAppendix to opinion of the Court. (which Google wrote for its Android API) that actually instructs the computer in the programmer's application. . . .
• ( COMPUTER, USERS )  top
• (Read more)   topSee ( COMPUTER , GOOGLE , USERS )
• ( COMPUTER, USER )  top
• (Read more)   topThese features mean that, as part of a user interface, the. declaring code differs to some degree from the mine run of. computer programs. Like other computer programs, it is
• (Read more)   topOpinion of the Court. Lexmark Int'l, 387 F. 3d, at 544 (noting that where a subsequent user copied a computer program to foster functionality, it was not exploiting the programs "commercial value
• (Read more)   topand disseminate ideas," Harper & Row, 471 U. S., at 558,. and the reimplementation of a user interface allows creative new computer code to more easily enter the market.. The uncertain nature of Sun's ability to compete in Android's market place, the sources of its lost revenue, and...
• ( COMPUTER, UNCOPIED )  top
• (Read more)   topMoreover, the copied declaring code and the uncopied implementing programs call for, and reflect, different kinds of. capabilities. A single implementation may walk a computer
• ( COMPUTER, TIME )  top
• (Read more)   topAfter several years of research, CONTU concluded that the "availability of copyright protection for computer programs is desirable." Final Report 11 (July 31,. 1978). At the same time, it recognized that computer programs had unique features.
• (Read more)   topfrom the value that those who do not hold copyrights,. namely, computer programmers, invest of their own time. and effort to learn the API's system. And unlike many other.
• ( COMPUTER, SUN_JAVA_API )  top
• (Read more)   topThis method-class-package organizational structure is referred to as the Sun Java API's "structure, sequence, and. organization," or SSO.. For each task, there is computer code, known as "implementing code," that in effect tells the computer how to execute the particular...
• (Read more)   topitself violates its copyrights.. Third, the Sun Java API contains computer code that will. associate the writing of a method call with particular
• (Read more)   tophand, if one considers the entire set of software material in. the Sun Java API, the quantitative amount copied was. small. The total set of Sun Java API computer code, including implementing code, amounted to 2.86 million lines, of
• ( COMPUTER, STREET_INSTITUTE )  top
• (Read more)   topScientists as Amici Curiae 20 ("Reimplementing interfaces. fueled widespread adoption of popular programming languages" (emphasis deleted)); Brief for R Street Institute et.
• ( COMPUTER, STAT )  top
• (Read more)   top... programs.. And it defined "computer program" as "'a set of statements. or instructions to be used directly or indirectly in a computer in order to bring about a certain result.'" 10, 94 Stat
• ( COMPUTER, PICTUR )  top
• (Read more)   topThey include "literary," "musical," "dramatic," "motion pictur[e]," "architectural," and certain. other works. In 1980, Congress expanded the. reach of the Copyright Act to include computer programs.
• ( COMPUTER, PAINTINGS )  top
• (Read more)   topcopyright, so too must it draw lines among computer programs. And just as fair use takes account of the market in. which scripts and paintings are bought and sold, so too.
• ( ANDROID )  top
• ( ANDROID, SUN )  top
• ( ANDROID, SUN, SMARTPHONE )  top
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• (Read more)   topSee ( GOOGLE , ANDROID , SUN , SMARTPHONE )
• ( ANDROID, SUN, TECHNOLOGY )  top
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• ( ANDROID, SUN, PHONE )  top
• (Read more)   topFirst, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• (Read more)   topmany efforts to move into the mobile phone market had. proved unsuccessful. Id., at 135, 235, 671. As far back as. 2006, prior to Android's release, Sun's executives projected
• ( ANDROID, SUN, MOBILE )  top
• (Read more)   topFirst, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• (Read more)   topmany efforts to move into the mobile phone market had. proved unsuccessful. Id., at 135, 235, 671. As far back as. 2006, prior to Android's release, Sun's executives projected
• (Read more)   topdeclining revenue for mobile phones because of emerging.
• ( ANDROID, SUN, MARKETS )  top
• (Read more)   topthat Android did not harm the actual or potential markets. for Java SE. And it could have found that Sun itself (now.
• ( ANDROID, SUN, API )  top
• (Read more)   topimplementing code constitutes the vast majority of both the. Sun Java API and the API that Google created for Android.. App. For most of the packages in its new API, Google.
• (Read more)   top. . 26 GOOGLE LLC v. Oracle america, inc.. Opinion of the Court. Android. It copied the API (which Sun created for use in. desktop and laptop computers) only insofar as needed to include tasks that would be useful in smartphone programs
• (Read more)   topits API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly
• ( ANDROID, SOFTWARE )  top
• ( ANDROID, SOFTWARE, SMARTPHONES )  top
• (Read more)   topGoogle sought, through Android, to develop a software platform for mobile devices like smartphones. 886 F. 3d 1179,. 1187 (CA Fed.
• (Read more)   topThis is the very creativity that was needed to develop the Android software for use. not in laptops or desktops but in the very different context. of smartphones.
• ( ANDROID, SOFTWARE, OPERATING )  top
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system.
• ( ANDROID, SOFTWARE, MOBILE )  top
• (Read more)   topthat uses the popular Java computer programming language. In 2005,. Google acquired Android and sought to build a new software platform. for mobile devices. To allow the millions of programmers familiar with.
• (Read more)   topGoogle sought, through Android, to develop a software platform for mobile devices like smartphones. 886 F. 3d 1179,. 1187 (CA Fed.
• ( ANDROID, SOFTWARE, DEVELOPERS )  top
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system
• ( ANDROID, RELEASE )  top
• (Read more)   topmany efforts to move into the mobile phone market had. proved unsuccessful. Id., at 135, 235, 671. As far back as. 2006, prior to Android's release, Sun's executives projected. declining revenue for mobile phones because of emerging.
• (Read more)   topfrom Google's copying was 'overwhelming.'" 886 F. 3d 1179,. 1209 (2018). By copying Oracle's code to develop and release Android, Google ruined Oracle's potential market in. at least two ways.. First, Google eliminated the reason manufacturers were
• (Read more)   top. 12 GOOGLE LLC v. Oracle america, inc.. THOMAS, J., dissenting. sales. Its strategy was to release Android to device manufacturers for free and then use Android as a vehicle to collect data on consumers and deliver behavioral ads
• ( ANDROID, MANUFACTURERS )  top
• (Read more)   topGoogle copied verbatim 11,500 lines of Oracle's declaring. code and arranged that code exactly as Oracle had done. It. then advertised Android to device manufacturers as containing "Core Java Libraries." Id., at 600. Oracle predictably responded by suing Google for copyright infringement
• (Read more)   topBy copying Oracle's code to develop and release Android, Google ruined Oracle's potential market in. at least two ways.. First, Google eliminated the reason manufacturers were.
• (Read more)   topOracle america, inc.. THOMAS, J., dissenting. sales. Its strategy was to release Android to device manufacturers for free and then use Android as a vehicle to collect data on consumers and deliver behavioral ads
• ( ANDROID, COPYING )  top
• ( ANDROID, COPYING, SUN_JAVA_API )  top
• (Read more)   tophad Google not used portions of the Sun Java API.. On the other hand, Google's copying helped Google make. a vast amount of money from its Android platform
• (Read more)   topAnd. enforcement of the Sun Java API copyright might give Oracle a significant share of these funds.
• ( ANDROID, COPYING, RELEASE )  top
• (Read more)   topSee ( GOOGLE , ANDROID , RELEASE )
• ( ANDROID, COPYING, FAIRUSE )  top
• (Read more)   topGoogle's copying. In 2015 alone, the year before the fairuse trial, Google earned $18 billion from Android. That.
• ( ANDROID, COPYING, CONSTITUTED )  top
• (Read more)   topwe hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the.
• ( ANDROID, SMARTPHONE )  top
• ( ANDROID, SMARTPHONE, TECHNOLOGY )  top
• (Read more)   topworked for more than three years to create Google's Android platform software. Id., at 45, 117, 212. In doing so,. Google tailored the Android platform to smartphone technology, which differs from desktop and laptop computers in. important ways.
• (Read more)   topsuccessfully whether Google did, or did not, copy a part of. its API. First, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• ( ANDROID, OPERATING )  top
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system. it was developing for mobile phones. But when the companies could not agree on terms, Google simply copied verbatim 11,500 lines of code from the library
• ( ANDROID, MOBILE )  top
• ( ANDROID, MOBILE, GOOGLE )  top
• (Read more)   topthat uses the popular Java computer programming language. In 2005,. Google acquired Android and sought to build a new software platform. for mobile devices. To allow the millions of programmers familiar with
• (Read more)   topthat successfully attracted software developers, thus enhancing the value of Oracle's products.1 Google sought a. license to use the library in Android, the operating system. it was developing for mobile phones
• ( ANDROID, MOBILE, TECHNOLOGY )  top
• (Read more)   topFirst, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• ( ANDROID, MOBILE, SMARTPHONES )  top
• (Read more)   topSee ( ANDROID , SOFTWARE , SMARTPHONES )
• ( ANDROID, MOBILE, SMARTPHONE )  top
• (Read more)   topFirst, evidence at trial demonstrated that, regardless of Android's smartphone technology, Sun was poorly. positioned to succeed in the mobile phone market.
• ( ANDROID, MOBILE, PHONE )  top
• (Read more)   topSee ( ANDROID , SUN , PHONE )
• ( ANDROID, MOBILE, OPERATING )  top
• (Read more)   topSee ( ANDROID , OPERATING )
• ( ANDROID, MOBILE, DEVELOPERS )  top
• (Read more)   topSee ( ANDROID , SOFTWARE , DEVELOPERS )
• ( ANDROID, EMBED )  top
• (Read more)   topSee ( GOOGLE , ANDROID , EMBED )
• ( ANDROID, CONSUMERS )  top
• (Read more)   topIts strategy was to release Android to device manufacturers for free and then use Android as a vehicle to collect data on consumers and deliver behavioral ads.
• (Read more)   topcollect reams of data used to deliver behavioral advertisements to consumers on desktops. Using control over Android to choose a default. search engine may seem trivial, but Google certainly does not think so
• ( ANDROID, VERBATIM )  top
• (Read more)   topGoogle copied verbatim 11,500 lines of Oracle's declaring. code and arranged that code exactly as Oracle had done
• ( COPYING )  top
• ( COPYING, COURT )  top
• ( COPYING, COURT, FEDERAL_CIRCUIT )  top
• (Read more)   topfair use as a matter of law. Prior to remand for a trial on damages, the. Court agreed to review the Federal Circuit's determinations as to both.
• (Read more)   topSee ( GOOGLE , COPYING , FEDERAL_CIRCUIT )
• ( COPYING, COURT, DETERMINATIONS )  top
• (Read more)   topfair use as a matter of law. Prior to remand for a trial on damages, the. Court agreed to review the Federal Circuit's determinations as to both.
• ( COPYING, COURT, COPYRIGHTABLE )  top
• (Read more)   topThe Federal Circuit ruled that Oracle's declaring code is. copyrightable and that Google's copying of it was not fair. use.. II. The Court wrongly sidesteps the principal question that
• ( COPYING, COURT, COMPUTER )  top
• (Read more)   topfor copying computer code may vary greatly and differ from. . 18 GOOGLE LLC v. Oracle america, inc.. Opinion of the Court
• ( COPYING, COPYRIGHTABLE )  top
• (Read more)   topSee ( GOOGLE , COPYING , COPYRIGHTABLE )
• (Read more)   topSee ( COPYING , COURT , COPYRIGHTABLE )
• (Read more)   topthe original work is computer code. But because Congress. determined that declaring and implementing code are copyrightable, this factor alone cannot support a finding of fair.
• ( COPYING, CONSTITUTED )  top
• (Read more)   topSee ( GOOGLE , COPYING , CONSTITUTED )
• (Read more)   topMoore, 1. East 361, n., 102 Eng. (K. B. 1785) (discussing the jury's role in resolving whether copying constituted infringement). As far as contemporary fair use is concerned, we have described the doctrine as an "equitable,"
• ( COPYING, LIABILITY )  top
• (Read more)   topSee ( GOOGLE , COPYING , LIABILITY )
• ( COPYING, JAVA_SE )  top
• (Read more)   topSee ( GOOGLE , COPYING , JAVA_SE )
• ( COPYING, FEDERAL_CIRCUIT )  top
• (Read more)   topSee ( COPYING , COURT , FEDERAL_CIRCUIT )
• (Read more)   topSee ( GOOGLE , COPYING , FEDERAL_CIRCUIT )
• ( COPYING, FEDERAL )  top
• (Read more)   topSee ( GOOGLE , COPYING , FEDERAL )
• ( COPYING, ANTE )  top
• (Read more)   topand because it is "inherently bound together with uncopyrightable ideas." Ante, at 23-24.. ------ 5The fourth factor-the effect of Google's copying on the potential market for Oracle's work-is "undoubtedly the single most important element of fair use." Harper &...
• (Read more)   topsimply means-at least for computer code-a use that will. help others "create new products." Ibid; accord, ante, at 26. (Google's copying "can further the development of computer. programs").. ------ 10Although "transformative use is not absolutely necessary" every
• ( COPYING, WORK-IS )  top
• (Read more)   topSee ( GOOGLE , COPYING , WORK-IS )
• ( COPYING, UNCOPYRIGHTABLE )  top
• (Read more)   topSee ( GOOGLE , COPYING , UNCOPYRIGHTABLE )