Google v. Oracle and the Grateful (API) Dead: What a Long Strange Trip Its Been

DAILY JOURNAL (Forthcoming)

6 Pages Posted: 23 Apr 2021

See all articles by Peter S. Menell

Peter S. Menell

University of California, Berkeley - School of Law

Date Written: April 12, 2021

Abstract

The battle over intellectual property protection for computer software has raged for more than four decades. The most significant issue has been whether copyright protection constrains the ability of competitors and innovators to develop interoperable products. This commentary discusses the Supreme Court’s decision in Google v. Oracle, which goes a long way toward establishing that the functional specifications of computer software can be reimplemented without violating copyright law.

Keywords: K10

JEL Classification: Computer Software, Copyright, IP, Patent, Functionality, API, Idea-Expression, Fair Use

Suggested Citation

Menell, Peter S., Google v. Oracle and the Grateful (API) Dead: What a Long Strange Trip Its Been (April 12, 2021). DAILY JOURNAL (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3824442 or http://dx.doi.org/10.2139/ssrn.3824442

Peter S. Menell (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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