February 19, 2020
AAP SUBMITS AMICUS BRIEF IN SUPPORT OF ORACLE IN SUPREME COURT’S CONSIDERATION OF GOOGLE VS. ORACLE AMERICA
The Association of American Publishers has submitted an amicus brief in support of Oracle in the pending Supreme Court case against Google, which will be heard on March 24, 2020. The case, Google LLC vs Oracle America, Inc, focuses on Google’s unlicensed and unfettered use of Oracle’s Java code in the Android mobile operating system. AAP joins dozens of other organizations and copyright experts in arguing that no colorable fair use defense should apply to Google, as its use was commercial, abundant, and non-transformative under relevant law. Although the facts are about software, the case could more generally affect the permissible scope of fair use in the marketplace. The case has an interesting procedural history: in 2016 a federal jury in San Francisco found Google’s use of the Java software to be “fair use,” but in 2018, the Federal Circuit U.S. Court of Appeals in Washington, DC overturned that determination.
AAP’s brief can be found here. A list of amicus briefs on both sides can be found here.