BRIEF OF AMICI CURIAE THE AMERICAN LIBRARY ASSOCIATION, THE ASSOCIATION OF RESEARCH LIBRARIES, THE ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES AND THE SOFTWARE PRESERVATION NETWORK IN SUPPORT OF PETITIONER, Google LLC v. Oracle America, Inc.

Other
Authors:Butler, Brandon, LB-Univ Librarian-GeneralUniversity of Virginia ORCID icon orcid.org/0000-0003-0190-6165Hansen, David, University LibrariesDuke University
Abstract:

The Court’s decision in this case could affect far more than the reuse of software interfaces. The transformative use jurisprudence that has evolved in the quarter century since Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), has enabled a wide range of technology-dependent uses, ranging from search engines to user-generated content. This new understanding of fair use is particularly critical to research, education, and librarianship in the Twenty-First Century. If the Court takes up the issue of whether Google’s use in this case was fair (and especially if it considers the scope and meaning of transformative use), amici urge that it exercise great care to ensure that its reasoning in no way jeopardizes amici’s transformative uses in support of research, teaching, and learning.

Keywords:
Supreme Court, fair use, software, copyright, copyright eligible subject matter, 17 USC 102(b), 17 USC 107, interoperability
Language:
English
Publisher:
University of Virginia
Published Date:
October 09, 2020