Google v. Oracle: The Copyright Battle over Software Interfaces

By: Claire Lu

Edited By: Joni Rosenberg and Maddy Bennett

In a world driven by technology, computer software permeates nearly every facet of our digital lives. The rapid development and innovation of the technological industry can be attributed in part to open-source coding and collaboration between developers across various fields [1]. With the growing significance and advancement of technology, new and unprecedented issues have emerged. Namely, the outcome of Google LLC v. Oracle America, Inc. 18-956 (2018), which is being heard by the United States Supreme Court, may threaten the standard practices of the computer industry.

This case is part of a decade-long array of hearings that have been held on the topic of application programming interfaces (APIs) and copyright infringement. APIs are intermediates that translate user requests to information readable by computers. Historically, they have been used by developers to build platforms that can interoperate [2]. The importance of APIs cannot be understated; they encourage innovation through computing, allow programmers to focus their energies on creating new ideas, and enable the free flow of code across software programs [3].

Java, a computer language acquired by Oracle in 2009, includes a library of APIs that help programmers create new code without needing to recreate the basic framework that communicates directly with the computer. In 2005, Google copied the “structure, sequence, and organization” of Java’s APIs to develop earlier versions of the Android operating systems. Five years later, Oracle claimed that Google infringed on its ownership of Java. While the lower courts sided with Google in this debate, the Federal Court of Appeals reversed this decision in 2018 [4].  Now, as the Supreme Court is poised to make its final verdict, it is worth examining some of the key arguments and effects of a decision favoring Oracle.

While it is indisputable that Google used Java’s APIs, the contested issue is whether primarily functional software such as APIs can be protected by copyright. The Copyright Act protects "original works of authorship fixed in any tangible medium of expression [5].”.However, copyright protection is limited by the fair use doctrine, which prescribes that the limited use of unlicensed, copyrighted material is permissible in certain cases to balance the interests of the copyright holder and broader public [6]. Google argues that their use of APIs should be considered under the doctrine of fair use and that their incorporation of APIs under a different platform constitutes innovation and “transformative use [7].”

The protection of computer software under the Copyright Act is difficult to assess definitively, as it is a combination of creative and functional elements. Traditionally, functional code is exempt from the Copyright Act under the fair use doctrine because there are limited ways to recreate the code’s function and it involves no creative elements. Conversely, many other types of code are idiosyncratic in nature and require creativity on the part of the programmer [8]. APIs hover the line between functional and creative code because while the underlying code is functional, it still involves some creativity in its design [9].

Currently, it is common practice for programmers to use APIs without having to worry about copyright protection. Since APIs mostly involve functional software elements, a ruling in favor of Oracle could create a dangerous precedent by narrowing the scope for fair use arguments and limiting the innovation that often occurs within the space granted by fair use [10].

This case is highly controversial, as valid arguments lie on the opposing sides. Most of the technology industry has offered their support to Google, including competitor Microsoft, whereas several others have sided with Oracle, including the American Conservative Union Foundation [11]. Nonetheless, the potential danger of offering inadequate protection to software developers that comes with a ruling in Google’s favor is outweighed by the danger of upending the software industry. The repercussions of a ruling in favor of Oracle would not only be felt by Google –– who would owe up to $8 billion in damages –– but also by the industry as a whole. Software developers would have to change their practices and “recreate the wheel” when developing new code. This could drastically stall the advancement of new technology and drive up costs [12]. As this decade-old conflict draws to a close, all eyes in the tech industry and beyond will be on the Supreme Court as they make a ruling on Google v. Oracle.

notes:

1. Towers-Clark, Charles. “Why Is Open-Source So Important? Part One: Principles And Parity.” Forbes. Forbes Magazine, September 25, 2019. https://www.forbes.com/sites/charlestowersclark/2019/09/24/why-is-open-source-so-important-part-one-principles-and-parity/?sh=2067f0f061f7. 

2. Microsoft Corporation. “Brief of Microsoft Corporation as Amicus Curiae in Support of Petitioner.” Supreme Court of the United States. Feb. 25, 2019. https://www.supremecourt.gov/DocketPDF/18/18-956/89566/20190225161900311_Brief%20of%20Microsoft%20Corporation%20as%20Amicus%20Curiae.pdf.

3. Freeman, Jonathan. “Application Programming Interfaces Explained.” InfoWorld. InfoWorld, August 8, 2019. https://www.infoworld.com/article/3269878/what-is-an-api-application-programming-interfaces-explained.html. 

4. Cho, Justin. “Google v. Oracle: SCOTUS to Determine How Copyright Laws Apply to APIs.” Harvard Journal of Law & Technology, December 1, 2019. https://jolt.law.harvard.edu/digest/google-v-oracle-scotus-to-determine-how-copyright-laws-apply-to-apis. 

5. “Copyright in General.” Copyright. Accessed October 30, 2020. https://www.copyright.gov/help/faq/faq-general.html. 

6. Ibid.

7. Jeong, Sarah. “The Supreme Court Is Taking on Google and Oracle One Last Time.” The Verge. The Verge, October 6, 2020. https://www.theverge.com/2020/10/6/21504715/google-v-oracle-supreme-court-hearings-android-java. 

8. “Copyright Registration of Computer Programs.” Copyright. Accessed Oct. 30, 2020. https://www.copyright.gov/circs/circ61.pdf.

9. Baldinger, Jacob. “The Supreme Court Copyright Battle Between Google and Oracle Will Confront ‘Fair Use’ of Software.” Subscript Law. Subscript Law, February 18, 2020. https://www.subscriptlaw.com/blog/supreme-court-battle-between-google-and-oracle-confront-fair-use. 

10. [Microsoft Corporation. “Brief of Microsoft Corporation as Amicus Curiae in Support of Petitioner.”

11. “Oracle v. Google.” Copyright Alliance, February 20, 2020. https://copyrightalliance.org/copyright-law/copyright-cases/oracle-america-v-google/. 

12. Arin, Michael. “Reactions to Mixed Metaphors.” Business Law Today, October 27, 2020. https://businesslawtoday.org/2020/10/reactions-mixed-metaphors-decoding-google-v-oracles-impact/.

Bibliography:

Arin, Michael. “Reactions to Mixed Metaphors.” Business Law Today, October 27, 2020. https://businesslawtoday.org/2020/10/reactions-mixed-metaphors-decoding-google-v-oracles-impact/.

Baldinger, Jacob. “The Supreme Court Copyright Battle Between Google and Oracle Will Confront ‘Fair Use’ of Software.” Subscript Law. Subscript Law, February 18, 2020. https://www.subscriptlaw.com/blog/supreme-court-battle-between-google-and-oracle-confront-fair-use.

Cho, Justin. “Google v. Oracle: SCOTUS to Determine How Copyright Laws Apply to APIs.” Harvard Journal of Law & Technology, December 1, 2019. https://jolt.law.harvard.edu/digest/google-v-oracle-scotus-to-determine-how-copyright-laws-apply-to-apis. 

“Copyright in General.” Copyright. Accessed October 30, 2020. https://www.copyright.gov/help/faq/faq-general.html.

“Copyright Registration of Computer Programs.” Copyright. Accessed Oct. 30, 2020.

https://www.copyright.gov/circs/circ61.pdf. 

Freeman, Jonathan. “Application Programming Interfaces Explained.” InfoWorld. InfoWorld, August 8, 2019. https://www.infoworld.com/article/3269878/what-is-an-api-application-programming-interfaces-explained.html. 

Jeong, Sarah. “The Supreme Court Is Taking on Google and Oracle One Last Time.” The Verge. The Verge, October 6, 2020. https://www.theverge.com/2020/10/6/21504715/google-v-oracle-supreme-court-hearings-android-java. 

Microsoft Corporation. “Brief of Microsoft Corporation as Amicus Curiae in Support of Petitioner.” Supreme Court of the United States. Feb. 25, 2019. https://www.supremecourt.gov/DocketPDF/18/18-956/89566/20190225161900311_Brief%20of%20Microsoft%20Corporation%20as%20Amicus%20Curiae.pdf.

“Oracle v. Google.” Copyright Alliance, February 20, 2020. https://copyrightalliance.org/copyright-law/copyright-cases/oracle-america-v-google/. 

Towers-Clark, Charles. “Why Is Open-Source So Important? Part One: Principles And Parity.” Forbes. Forbes Magazine, September 25, 2019. https://www.forbes.com/sites/charlestowersclark/2019/09/24/why-is-open-source-so-important-part-one-principles-and-parity/?sh=2067f0f061f7.