Three Fundamental Flaws in CAFC's Oracle v. Google Decision
European Intellectual Property Review, October 2015, Forthcoming
13 Pages Posted: 15 Aug 2015
Date Written: August 13, 2015
The CAFC’s Oracle v. Google decision is deeply flawed and at odds with more than two decades of copyright precedents applying copyright law to computer programs. This article shows that the CAFC erred in its interpretation of § 102(b), in its overbroad conception of interfaces as protectable structure in programs, and in misconstruing and misapplying the merger doctrine to program interfaces.
Keywords: Oracle v. Google, copyright law
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