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Intellectual Property

Jun. 14, 2016

Fair use might get more fair

Given the unique circumstances of Oracle v. Google, there is a reasonable possibility that the Federal Circuit appeal will result in the expansion of the fair use doctrine.

Art S. Rose

Knobbe Martens Olson & Bear LLP

Email: art.rose@knobbe.com

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Nick Belair

Knobbe Martens Olson & Bear LLP

Email: nick.belair@knobbe.com

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On May 26, a Northern District of California jury found Google's use of 37 Java APIs in its Android OS to constitute "fair use," thereby excusing Google from infringement of Oracle's copyrights under Title 17 U.S.C. Section 107 of the Copyright Act. Last week, Judge William Alsup denied the parties' motions for judgment as a matter of law regarding fair use. Here, we explore one issue that will inevitably arise on appeal: whether Google's verbatim copying of the declaring code and sequenc...

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