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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.
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.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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