How the Oracle Erred The 'Use/Explanation Distinction' and the Future of Computer Copyright

How the Oracle Erred The 'Use/Explanation Distinction' and the Future of Computer Copyright

Journal article

55 pages

This article was written prior to the victory for the ORACLE v GOOGLE defendant based on "fair use". That result does not change the relevance of the earlier copyright decisions of the ORACLE court, which are the topic of my article. Moreover, the late resolution of the copyright claim underlines one of the article's main points, namely, that early dismissal of over-reaching claims of computer copyright infringement is preferable to resolution on the basis of doctrines such as "fair use" which are typically resolved far later in the game.

Published in : Copyright in an Age of Limitations and Exceptions, Ruth Okediji, Ed., Cambridge University Press (2017)

[Cambridge, United Kingdom] : Cambridge University Press, 2017.

Anglais