On October 7, 2020, the Supreme Court held oral arguments in
Google LLC. v. Oracle America, Inc.
The case raises interesting questions about the protectability
of computer code, the intersection between copyright and patent
law, and the appropriate standard of review of jury determinations
on fair use.
The outcome could have longstanding repercussions for the
protection and use of software.
What is an API?
When creating software applications, developers rely on
functionality built into operating systems and programming
languages. An API provides a menu of available functionality and
tells developers what to provide and what information will be
returned. To develop the Android operating system for its new
mobile devices, Google wanted to use a well-known programming
language to ease adoption. Instead of licensing Java, Google
created its own implementation of the Java programming language,
but copied the Oracle API used to invoke it.