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ARTICLE · 30 AUGUST 2021

Software Copyright Protection After Google v. Oracle

Lewis Roca
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The United States Supreme Court recently held that copying another's software was okay. Specifically, it held that Google's copying of Oracle's software was fair use.

United StatesIntellectual Property
Eric N. Kohli
Eric N. Kohli
Meng Zhong
Meng Zhong
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(August 25, 2021) - Attorneys Eric N. Kohli and Meng Zhong of Lewis Roca explain how a recent Supreme Court decision could influence future litigants in software copyright disputes.

The United States Supreme Court recently held that copying another's software was okay. Specifically, it held that Google's copying of Oracle's software was fair use.1

The case concerns copyright protection of computer software. The Court described the software that was at issue, including its purpose, function, and use. But does the opinion provide a clear roadmap for copyright protection of software? Or for fair use of someone else's software?

The Supreme Court's opinion is narrow. It is limited to Oracle's specific software and Google's specific use of that software. Whether that precedent can be creatively argued to successfully allege copyright infringement, or to successfully assert a fair use defense, will vary by case and depend on the cogency of the arguments.

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