Interfaces on Trial 3.0: Oracle America v. Google and Beyond

215 Pages Posted: 5 Dec 2016 Last revised: 26 May 2023

Date Written: October 19, 2016


This is the third volume of a history of the global legal debate concerning copyright and competition in the software industry. The debate has centered on two related issues. First, does copyright protect the elements of computer programs necessary to achieve interoperability? Second, to the extent that those elements are unprotectable, can copyright law nevertheless prevent the incidental to uncover those unprotectable elements?

I wrote the first volume, INTERFACES ON TRIAL: INTELLECTUAL PROPERTY AND INTEROPERABILITY ON THE GLOBAL SOFTWARE INDUSTRY, with Masanobu Katoh. It was published by Westview Press in 1995.

The second volume, INTERFACES ON TRIAL 2.0, also written with Masanobu Katoh, was published by MIT Press in 2011. It covers the developments in this field between 1995 and 2010.

The third volume, INTERFACES ON TRIAL 3.0: ORACLE AMERICA v. GOOGLE AND BEYOND, picks off where the second volume left off, focusing in particular on the Oracle America v. Google litigation concerning Google’s copying of certain elements of the Java Application Program Interface (API), culminating in the Supreme Court's landmark fair use decision in favor of Google.

Suggested Citation

Band, Jonathan, Interfaces on Trial 3.0: Oracle America v. Google and Beyond (October 19, 2016). Available at SSRN: or

Jonathan Band (Contact Author)

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