U.S. Supreme Court,
Intellectual Property
Apr. 12, 2021
Google v Oracle and the Grateful (API) Dead
What a long strange trip it's been
Peter S. Menell
Koret Professor of Law
UC Berkeley School of Law
Peter is director of the Berkeley Center for Law & Technology.
The battle over intellectual property protection for computer software has raged for more than four decades. By its very nature as written work intended to serve utilitarian purposes, computer software defies easy categorization within the intellectual property system. Copyright law has traditionally served to protect expressive works, while utility patent law protects technological processes and machines. As Judge Michael Boudin observed more than two decades ago, "a...
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