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- Title
THE FAIR USE HOLDING IN GOOGLE V. ORACLE: NOW FOR SOFTWARE, THE FAIR USE TAIL WAGS THE COPYRIGHT DOG.
- Authors
CLIFFORD, RALPH D.
- Abstract
In the Copyright Act of 1976, Congress unequivocally considered computersoftware to be a work of authorship. As a work of authorship, computer programs were to receive the same copyright protection as other literary works. Unfortunately, the Supreme Court in Google v. Oracle disagreed with this treatment. Being unable to declare that software lacks Feist-type creativity, the Court turned to the fair use defense. Using a fair use analysis that is strikingly different than had been used for any other copyrighted work, the Court effectively attempted to end copyright protection for computer programs. Recognizing the deficiencies in the opinion and in line with a central concept of fair use law that it is always fact specific, future courts should use the holding in Google v. Oracle only where smartphone operating systems are being developed. In all other cases, fair use for computer programs should be evaluated as it is for any other work of authorship.
- Subjects
COMPUTER software; FAIR use (Copyright); AUTHORSHIP
- Publication
IDEA: The Intellectual Property Law Review, 2024, Vol 64, Issue 2, p456
- ISSN
0019-1272
- Publication type
Article