Google v. Oracle: Implications for Fair Use Doctrine, Developing, Copying and Licensing Software API
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide IP counsel the Supreme Court's recent decision in Google v. Oracle. The panel will discuss the decision and the implications for the fair use doctrine and the copyrightability of application programming interfaces (APIs). The panel will also address the potential implications for the software industry and beyond.
Outline
- Google v. Oracle: background and ruling
- Implications of the decision
- Did the Court change the fair use defense?
- What happened to the idea/expression dichotomy? Does it matter?
- What can be copied and when? What cannot be copied?
- Implications for businesses
- Licensing APIs
- Implications for open source software
- Enforcement of IP rights
- Best practices
Benefits
The panel will review these and other key questions:
- How may the Google v. Oracle decision change copyrightability of open source software?
- What strategies should companies and developers employ when developing APIs?
- What are the best practices for licensees to ensure compliance with open source license agreements?
- What is the takeaway from the Court's not addressing the question presenting on the copyrightability of APIs?
Faculty
Paul H. Arne
Partner
Morris Manning & Martin
Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice.... | Read More
Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice. He represents technology companies and large end users, with a particular emphasis on complex, outsourcing matters, international transactions, open source software, privacy, university technology transfer, and revenue recognition issues. He is also involved with development, manufacturing, and distribution involving medical devices. He has written numerous technology law articles in legal publications and a frequent speaker on the law affecting technology companies.
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David H. Herrington
Partner
Cleary Gottlieb Steen & Hamilton
Mr. Herrington’s practice and experience span a wide range of litigation, advisory and regulatory matters, with a... | Read More
Mr. Herrington’s practice and experience span a wide range of litigation, advisory and regulatory matters, with a focus on intellectual property disputes. He has handled multiple suits involving claims of patent infringement, trade secret misappropriation, trademark infringement and copyright infringement, as well as high stakes suits concerning IP licenses. Mr. Herrington also counsels on IP issues in the transactional context, including licensing, M&A and capital markets transactions, the sale of patent portfolios and other matters. His experience in other areas includes regulatory enforcement actions, internal investigations and commercial litigation. Mr. Herrington has conducted a number of IP suits through trial and appeal. He also has successfully represented clients in international arbitrations, evidentiary hearings and appeals.
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