Menell on the Oracle v. Google Litigation and Copyright Law

Media Law Prof Blog

Peter S. Menell, University of California, Berkeley, School of Law, has published Rise of the API Copyright Dead?: An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software. Here is the abstract. After a decade of

Oracle v. Google Judge Writes the Book on Software Programming Copyright – For Now, Anyway

New Media and Technology Law

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued. Oracle’s copyright claim in the names of the methods, classes and packages failed under the merger doctrine and the short phrases rule. Accordingly, the court held that the merger doctrine barred Oracle’s copyright claim.

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Oracle v. Google Judge Writes the Book on Software Programming Copyright – For Now, Anyway

New Media and Technology Law

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued. Oracle’s copyright claim in the names of the methods, classes and packages failed under the merger doctrine and the short phrases rule. Accordingly, the court held that the merger doctrine barred Oracle’s copyright claim.

Federal Circuit Again Reverses California Court in Oracle-Google Copyright Dispute over Java APIs – Releases a Major Ruling on Fair Use in the Software Context

New Media and Technology Law

In this long-running dispute that has been previously dubbed “The World Series of IP cases” by the presiding judge, Oracle America Inc. Oracle”) accuses Google Inc. Specifically, Oracle alleges that Google infringed the declaring code of certain Java API packages for use in Android, including copying the elaborate taxonomy covering 37 packages that involves multiple classes and methods. Oracle America, Inc.

Oracle v. Google Judge Writes the Book on Software Programming Copyright – For Now, Anyway

New Media and Technology Law

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued. Oracle’s copyright claim in the names of the methods, classes and packages failed under the merger doctrine and the short phrases rule. Accordingly, the court held that the merger doctrine barred Oracle’s copyright claim.

Landmark Oracle-Google Android Copyright Dispute May End Up In Supreme Court

New Media and Technology Law

While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and Google over the development of the Android mobile platform just heated up again. See Oracle America, Inc. A more complete picture of the potential issues and arguments will arrive when Oracle files its response.

European Court of Justice Rules on Copyright Status of Computer Programming Languages and Functionality

New Media and Technology Law

In a jury room in San Francisco, jurors in Oracle, Inc. Meanwhile, the jury and the judge in Oracle v. So much so, in fact, that on May 3, the judge in Oracle v. Word Programming dispute is well-known to the parties in Oracle, Inc. 12, 2012) and Oracle’s Brief Regarding Copyright Issues (Apr. We should learn very soon whether the result in Oracle, Inc. Google, Inc.

Where are the rest of the shills?

Music Technology Policy

When reading Oracle’s and Google’s responses to Judge Alsup’s recent order to the parties that they disclose their paid commentators, I noticed one group was missing from the responses, particularly the Google response. So this leaves the question: Did Google and Oracle properly reply to Judge Alsup’s order if they did not mention engaging these trolls? Uncategorized Google v Oracle Judge William Alsup

European Court of Justice Rules on Copyright Status of Computer Programming Languages and Functionality

New Media and Technology Law

In a jury room in San Francisco, jurors in Oracle, Inc. Meanwhile, the jury and the judge in Oracle v. So much so, in fact, that on May 3, the judge in Oracle v. Word Programming dispute is well-known to the parties in Oracle, Inc. 12, 2012) and Oracle’s Brief Regarding Copyright Issues (Apr. We should learn very soon whether the result in Oracle, Inc. Google, Inc.

European Court of Justice Rules on Copyright Status of Computer Programming Languages and Functionality

New Media and Technology Law

In a jury room in San Francisco, jurors in Oracle, Inc. Meanwhile, the jury and the judge in Oracle v. So much so, in fact, that on May 3, the judge in Oracle v. Word Programming dispute is well-known to the parties in Oracle, Inc. 12, 2012) and Oracle’s Brief Regarding Copyright Issues (Apr. We should learn very soon whether the result in Oracle, Inc. Google, Inc.

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

New Media and Technology Law

Oracle USA, Inc. In brief, Oracle USA, Inc. Oracle”) develops and licenses certain enterprise software, and also offers maintenance contracts to its licensees. As part of maintenance services, it offers software updates, available on Oracle’s support website. Rimini”) is a company that provides third-party, after-license software support services to Oracle licensees, competing directly with Oracle to provide these services. Oracle Int’l Corp. ,

Videogame App Developer Breaks the Rules on Copyright Infringement

New Media and Technology Law

If this general strategy sounds familiar, perhaps you have read our recent post on the Oracle v. Google dispute over Google’s use of Oracle’s Java technology in the Android operating system. In doing so, Judge Wolfson referenced the same universe of software copyright rulings relied upon by Judge Alsup in Oracle v. Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development.

Internal Mobility: How Learning and Internal Promotions beat Hiring from the Outside

Pathgather

A white paper by Oracle explains: “Seminal research conducted over the course of a decade found that the top 10 percent of companies with ‘high-performance work systems’ had four times the amount of sales per employee. When you see competing companies start to exceed where your business is lacking, there’s a natural response: try to poach the competition. Or, if that’s impossible or unaffordable, you may check in with recruiters and cast a wide net to find candidates.

The Fallacy of the True Ad Hominum

Music Technology Policy

For example, when Judge Alsup demanded that Oracle and Google disclose any bloggers it had paid to write about the Oracle v. It bears repeating that a statement capable of truth value cannot be fallacious. All too frequently truthful statements about a person are defended by resort to the ad hominem fallacy.

#irespectmusic: House Judiciary Voting Today on HR 1695 the Register of Copyrights Selection and Accountability Act

Music Technology Policy

Oracle. The House Committee on the Judiciary says the House will vote on HR 1695 today–the bipartisan Register of Copyrights Selection and Accountability Act. If you haven’t already, call your House member today and ask them to vote YES on HR 1695! “Today the House of Representatives will consider the bipartisan Register of Copyrights Selection and Accountability Act ( H.R. 1695 ), which makes important changes to the selection process for the head of the U.S.

Videogame App Developer Breaks the Rules on Copyright Infringement

New Media and Technology Law

If this general strategy sounds familiar, perhaps you have read our recent post on the Oracle v. Google dispute over Google’s use of Oracle’s Java technology in the Android operating system. In doing so, Judge Wolfson referenced the same universe of software copyright rulings relied upon by Judge Alsup in Oracle v. Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development.

Videogame App Developer Breaks the Rules on Copyright Infringement

New Media and Technology Law

If this general strategy sounds familiar, perhaps you have read our recent post on the Oracle v. Google dispute over Google’s use of Oracle’s Java technology in the Android operating system. In doing so, Judge Wolfson referenced the same universe of software copyright rulings relied upon by Judge Alsup in Oracle v. Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development.

Supreme Court Rejects Google’s Appeal in Java API Dispute

New Media and Technology Law

See Oracle America, Inc. On Monday, the Supreme Court denied certiorari in Google’s appeal of the Federal Circuit’s 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to copyright protection. Google Inc. , 750 F.3d 1339 (Fed. 2014)). [A A detailed discussion of the original lower court ruling can be found here.].

Why is Ars Pitching for EFF Donations?

Music Technology Policy

In the Oracle v. Ars Technica is pitching the EFF as part of its holiday charitable donation donation drive: [W]e’ve added the Electronic Frontier Foundation to our annual charity push, aiding in their efforts to defend Internet freedom.

Chairman Goodlatte’s Listening Tour: Google Search Meets the Ford Pinto

Music Technology Policy

In addition to being disclosed in the Oracle case, the EFF picked up a cool million dollars from Google in the Google Buzz class action cy pres awards and made it into Public Citizen’s expose of Google’s massive influence and litigation machine. The Google Shill List from Oracle v.

Google Feels the Heat from Congress on Sex Trafficking–And Gaslights Public Opinion on @SenRobPortman’s and @RepAnnWagner’s Legislation

Music Technology Policy

Needless to say, the Electronic Frontier Foundation i s a frequent recipient of Google’s largesse and was disclosed by Google in the Oracle case (on what came to be known as the “ Google Shill List “) as a long-time beneficiary.

Guest Post: Not All Legal Analytics Tools Are Created Equal

Media Law

Perhaps the best example of this issue is the landmark copyright case Oracle America, Inc. [Editor’s note: Recently, i had a conversation with Josh Becker , chairman of Lex Machina and head of legal analytics at LexisNexis , about the fast-growing area of litigation analytics.

The MMF’s Google Problem

Music Technology Policy

Google was forced to disclose that connection in its litigation with Oracle on a filing that has become known as the “ Google Shill List.”

It is not about Northern vs. Southern California:

Music Technology Policy

Cisco and Oracle have long been in the vanguard of respecting copyrights. An excellent topic came up at the recent Google Tech Summit in Napa Valley that bears repeating–trying to lump all of the tech companies into one pot as “Northern California” against artists in “Southern California” is too facile by half and is a form of geocentric narcissism. First of all, you can’t lump all tech companies in together.

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Google Has Millions for Shillery but “Not One Red Cent” for Transparency

Music Technology Policy

MTP readers will remember the “ Google Shill List “–a court ordered filing imposed on Google by the judge in the Oracle case that demanded Google disclose all of its paid pundits and astroturf organizations.

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Former Sun GC Bikes – and Blogs – Cross Country

Media Law

Earlier this year, Oracle acquired Sun. In legal-blogging circles, Mike Dillon is known as the first Fortune 500 general counsel to launch a blog. That was in 2006, when Dillon was GC of Sun Microsystems. With Sun’s demise, so went Dillon’s blog (although the archives remain up). With the acquisition over and time on his hands, Dillon decided to do something he’d wanted to do since college: ride a bicycle across the United States.

Conference Preview: AI in the Spotlight when Legalweek Convenes Jan. 28

Media Law

Speakers : Bennett Borden, Chief Data Scientist, Drinker Biddle & Reath LLP; Dan Linna, Director of Legal R&D, Michigan State University, and visiting professor of law, Northwestern University Pritzker School of Law; and Ameen Haddad, Assistant General Counsel, Oracle.

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How Google Took Over the Justice Department Antitrust Division: Renata Hesse’s Timeline

Music Technology Policy

May 15, 2015 : Reuters reports that the Obama Administration is locked in “internal wrangling” over what position to take in the Oracle v.

Google’s Charm Offensive Comes to Nashville Behind YouTube Front: But Where is the Straight Count?

Music Technology Policy

MTP readers will recognize Public Knowledge from their prominent mention on the Google Shill List filed by Google with the court it its lawsuit with Oracle (“Google has contributed to Public Knowledge for years before the complaint in the [Oracle case] was filed.

The Cross-Industry Promise of Blockchain

New Media and Technology Law

The system typically requires the use of “oracles” – that is, “web services” or other external sources of information to trigger contract execution. The blockchain protocol (a form of a ‘distributed ledger system’) was originally designed as a platform to process Bitcoin transactions. The protocol enables peer-to-peer transactions and eliminates the need for a trusted intermediary to verify and process the transactions.

The Fifth IP Subcommittee Hearing–next week

Music Technology Policy

For example, Google provided such a list of outlets in its paid service to Judge Alsup under court order in the Oracle v. While MTP readers will likely be watching today’s hearing before the “IP Subcommittee” in the U.S. House of Representatives, it is well to keep in mind that the Committee announced two hearings, presumably before the August recess that is scheduled to start August 3 and continue until September 9.

Astroturf and manipulation of media messages by @SharylAttkisson at TEDxUniversityofNevada

Music Technology Policy

Indeed, this manipulation has gotten so bad, the judge in Oracle v.

UPDATE: Bubbleriders and the Problem with the JOBS Act and Equity Crowdfunding

Music Technology Policy

” A funny idea — made even more amusing by the fact that two of the site’s creators are prominent Silicon Valley CEOs: Oracle’s Larry Ellison and Network Computer’s Mitchell Kertzman.

Shut Up And Sing: EFF Tones Down Personal Attacks on Artist for Libertarian Propaganda

Music Technology Policy

And I also wonder if Bob knows that the Electronic Frontier Foundation was prominently mentioned in an Oracle filing, popularly referred to as the “Google Shill List”: Google has contributed to the EFF for years before the complaint in the case at bar was filed [2012].

Silicon Valley “Nonprofits” are Back at the Class Action Trough

Music Technology Policy

So as Mr. Parloff noted, certain policy shops get money directly from Big Tech and then they get even more in directed class action settlement payments (none of which was disclosed in the court ordered disclosure in the Oracle v. The Facebook “Sponsored Stories” class action settlement has been finalized.

Cloud Computing Forecast - Foggy with High Visibility

New Media and Technology Law

Well today, Ben Worthen has written of his vindication by no less than Larry Ellison, the CEO of Oracle, who admitted in a meeting with analysts that he doesn't know what the term means either, referring to the computing industry as "fashion-driven" and the term as "gibberish." " That won't stop him from advertising Oracle products using the term, though, he allows: "I’m not going to fight this thing.

GoldieBlox Dismisses Case Against Universal, Warms to Task of Destroying Artists

Music Technology Policy

And YouTube darling GoldieBlox’s former lead counsel represented Oracle against Google and still does, apparently. Now that those pesky Orrick lawyers have been replaced by Google darlings Durie Tangri in the GoldieBlox case regarding the use of Beastie Boys in a YouTube viral commercial for GoldieBlox, a new strategy may be emerging.

The Copyright Principles Project: Selflessness, Valley Style Amongst A Dedicated Group of Likeminded People

Music Technology Policy

If they are going to pass themselves off as selfless oracles from Silicon Valley (physically or metaphorically since they all teach “high tech law” of once species or another), shouldn’t they demonstrate that it’s not business as usual, Valley style? We heard a new twist on the Copyright Principles Project–because the participants are academics, they are not “self interested” the way that creators are.

Mailbag!

Trademark, Copyright, and Entertainment Law Forum

Think of "Oracle" for computer software or, even "Apple" for computers. The last post about Apple's new trademark "NUMBERS," put a thought in the mind of Bryan Adams of Teaneck, NJ. "Is Is that why the TV show is called ' Numb3rs '?" Well, that's hard to say. If I were to guess, I would say that is more of a stylistic choice than a choice because of trademark law. This is for a few reasons. First off, not many television shows have their titles registered as a trademark.

It gets you a meeting: How Google Music Failed to Deliver

Music Technology Policy

By comparison, I wonder how much they are spending on their illegal book scanning business and now on Google Art Project that is finally seeking to profit Google from visual fine artists, not to mention their many, many other lawsuits as they organize the world’s information against the world’s wishes (the most recent of which is defending separate lawsuits from Oracle and Paypal that Google “organized&# –that is, stole–their technology, too).

More on How the London School of Economics Got it Wrong

Music Technology Policy

It is striking that this paper was merely posted on the LSE’s website, a convenient launch pad for the Big Tech blogosphere from which it was quoted by a number of people whose names appear on the now-infamous Google Shill List produced by Google in the recent Oracle litigation.

Content Creators Coalition Responds To Rep. Zoe Lofgren’s Attack on Goodlatte and Conyers

Music Technology Policy

All of the proxies started dancing (you can find most of them on the venerable Google Shill List from the Oracle v. [Cross posted from Artist Rights Watch]. I want to call your attention to a letter by members of the Content Creators Coalition regarding the Copyright Office.

The Geist in the Hen House

Music Technology Policy

The CCIA represents a who’s who of the technology business world, with a membership roster that includes Microsoft, Google, T-Mobile, Fujitsu, AMD , eBay, Intuit, Oracle, and Yahoo. [Editor Charlie says: This post originally appeared February 25, 2010.]. As some day it may happen that a victim must be found, I’ve got a little list — I’ve got a little list. Of society offenders who might well be underground, And who never would be missed — who never would be missed!

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