Daan Erikson will present "Fair Use After Google v. Oracle," at the Fordham IP Institute 29th Annual Intellectual Property Law & Policy Conference on Friday, April 22, 2022.
In holding Google’s use of Oracle’s software code was fair use as a matter of law, the U.S. Supreme Court issued its first opinion on fair use since the 1994 decision Campbell v. Acuff-Rose. Among other notable points in Google v. Oracle, the majority analyzed the fair use factors out of order starting with the second factor, held that Google’s use was transformative because it used the code “in a distinct and different computer environment” (to develop smartphones rather than desktops or laptops), highlighted how much of the code Google did not copy, and focused on the effect on the market rather than the effect on the potential market. Have lower courts adopted or ignored these unorthodox aspects of the Supreme Court’s latest edict on fair use?
For more information, visit the conference website.