Just after Memorial Day, entities and individuals supporting affirmance of the jury’s fair use verdict in the Oracle v. Google litigation filed amicus briefs with the U.S. Court of Appeals for the Federal Circuit (“CAFC”). DisCo previously discussed the jury’s May 2016 verdict here and the district court’s denial of Oracle’s motions for a new trial here and here. DisCo then reviewed Oracle’s March 2017 brief on appeal here, and how even Oracle’s amici recognized the essential nature of fair use here.
Of course, this is the second round of this case before the CAFC. In 2014, the CAFC reversed the district court’s 2012 holding that the declaring code of the Java Application Programming Interfaces (APIs) replicated by Google in the Android operating system. DisCo criticized the many flaws of the CAFC’s decision here, here, here, and here. Google petitioned the Supreme Court to review the CAFC’s decision, but the Supreme Court declined to do so, perhaps persuaded by a poorly reasoned brief by the U.S. Solicitor General. Thus, the case was remanded back to the district court for consideration of the fair use issue, bringing us to the current appeal.
Eight amicus briefs were filed in support of Google:
- 42 Intellectual Property Law Professors
- 76 Computer Scientists
- American Antitrust Institute
- Computer & Communications Industry Association
- Electronic Frontier Foundation and Public Knowledge
- Engine Advocacy, the App Developer Alliance and GitHub
- Microsoft, Red Hat and Hewlett Packard
Some of the highlights of these briefs are discussed below.