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US Supreme Court rules for Google over Oracle

US Supreme Court rules for Google over Oracle

Posted Apr 6, 2021 19:19 UTC (Tue) by NYKevin (subscriber, #129325)
In reply to: US Supreme Court rules for Google over Oracle by zuki
Parent article: US Supreme Court rules for Google over Oracle

My favorite paragraph in the majority opinion:

> JUSTICE THOMAS’ thoughtful dissent offers a very different view of how (and perhaps whether) fair use has any role
> to play for computer programs. We are told that no attempt
> to distinguish among computer code is tenable when considering “the nature of the work,” see post, at 10, even
> though there are important distinctions in the ways that
> programs are used and designed, post, at 18 (“The declaring
> code is what attracted programmers”). We are told that no
> reuse of code in a new program will ever have a valid “purpose and character,” post, at 16, even though the reasons
> for copying computer code may vary greatly and differ from
> those applicable to other sorts of works, ibid. (accepting
> that copying as part of “reverse engineer[ing] a system to
> ensure compatibility” could be a valid purpose). And we are
> told that our fair use analysis must prioritize certain factors
> over others, post, at 9, n. 5, even though our case law instructs that fair use depends on the context, see Campbell,
> 510 U. S., at 577–578.

Breyer is basically saying "See how wrong Justice Thomas is? I barely even have to respond to his arguments, he practically refutes himself." All cloaked in a respectful and collegial tone, but damn, this is some savage legal writing.

(Disclaimer: I work for Google and wanted Google to win, but those two facts are mostly unrelated.)


to post comments

US Supreme Court rules for Google over Oracle

Posted Apr 6, 2021 22:53 UTC (Tue) by rodgerd (guest, #58896) [Link]

Even Scalia, who routinely relied on Thomas' vote, had nothing good to say about him.

US Supreme Court rules for Google over Oracle

Posted Apr 11, 2021 14:58 UTC (Sun) by Nemo_bis (guest, #88187) [Link]

Breyer always puts such juicy bits in his footnotes!


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