Oracle vs Google Goes To The US Supreme Court

The US Supreme Court is due to hear Google’s appeal tomorrow <https://arstechnica.com/tech-policy/2020/10/google-asks-supreme-court-to-overrule-disastrous-ruling-on-api-copyrights/> against the CAFC ruling that APIs are copyrightable and that Google infringed Oracle’s copyright on the Java APIs. A few companies (including GitHub) have filed “amicus curiae” briefs explaining why allowing the verdict against Google to stand will have unfortunate consequences for the entire software industry. The CAFC (Court of Appeals for the Federal Circuit) is a notoriously “intellectual-property-friendly” court, shall we say. They wouldn’t even have got the chance to rule on the original verdict by Judge Alsup, except that the suit initially included a patent claim (that was very quickly thrown out). Definite points to Oracle’s lawyers for doing this: like a chess strategy where you advance a seemingly unimportant pawn in the opening moves that is immediately sacrificed, but the long-term consequences for your opponent’s position only become apparent some time later in the game.
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Lawrence D'Oliveiro