Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.

Copyrights Intellectual Property Litigation Technology Media and Telecom

Monopolizing the Disruptive

The Federal Circuit’s Threat to Software Innovation in the Oracle v. GoogleDecisions<

The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers’ understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers’ understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry. Software development thrives on an open environment defined by creation through iteration. Yet, the Federal Circuit’s decisions grant a copyright holder a tremendous amount of control over even a small portion of code, and by extension, developers who use that code to create new products. Such control is especially acute when dealing with a copyright holder known for aggressive litigation tactics, such as Oracle. In the wake of Google’s recent petition for certiorari, Petition for Writ of Certiorari, Google LLC v. Oracle Am. Inc., No. __ (Jan. 25, 2019), this article reviews the Federal Circuit decisions and summarizes their legal, economic, and cultural impact. The analysis suggests that much of the innovation of the technology sector now hinges on the U.S. Supreme Court.

Read These Next