Federal Circuit Continues to Screw Up Copyright Law and Thwart Innovation

In a surprising decision that should terrify software developers, the Federal Circuit held today that Google’s use in its Android mobile operating system of Java API labels infringed Oracle’s copyright. Rejecting both the jury verdict, the district court’s holding, and established law, the appellate court held that Google’s use was not a fair use. This case should never have reached this stage. The works at the heart of the case are Java API labels that, as Google (and EFF) argued, should not even be eligible for copyright protection. Judge Alsup, who demonstrated some proficiency with programming Java in the first leg of the case, came to the same conclusion. But then it went to the Federal Circuit on appeal. The Federal Circuit, which usually focuses on patent issues, had jurisdiction because Oracle’s lawsuit originally contained a patent claim. Because the case was litigated in the Northern District of California, however, the Federal Circuit…

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