2017 promises to be an exciting year for copyright law. Here are
some of the most cutting-edge cases to keep on your radar.
Oracle America, Inc. v. Google Inc.,
No. 17-1202 (Fed. Cir.), could have a major impact on the future of
software development and interoperability. In 2010, Oracle sued
Google for using application programming interfaces from
Oracle's Java code in Google's Android platform. Google
argued that the APIs were not entitled to copyright protection. In
2014, the U.S. Court of Appeals for the Federal Circuit disagreed,
holding that Google's use infringed Oracle's copyrights in
the APIs. But last May, a jury in a trial on remand held that
Google's use of the APIs was protected by fair use—a
defense to copyright infringement. The case is now headed back to
the Federal Circuit, where the court will decide whether there was
sufficient evidence to support the finding of fair use.
