On February 17, 2017, Prof. Hugh C. Hansen joined an amicus curiae brief submitted by thirteen intellectual property scholars in support of the plaintiff-appellant, Oracle America, Inc., in Oracle Am. v. Google, Inc., 2017-1118 (Fed. Cir.). The appeal concerns the proper copyright fair use analysis as applied to computer software, specifically APIs. In supporting a reversal of the jury finding of fair use, the amici IP scholars argue that Google’s commercial use of Oracle’s copyrighted computer code was not transformative; constituted the heart, indeed the entirety, of many of the works at issue; and impacted the market for the original and derivative works based on the code. The brief’s principal author is Sandra Aistars (Center for the Protection of Intellectual Property (CPIP)). The full brief and list of amici is available here.

Fordham IP Institute