US Supreme Court rules for Google over Oracle

US Supreme Court rules for Google over Oracle

"the fair use of a copyrighted work […] is not an infringement of copyright." means—it flat out says—that copyright does not cover fair use.

No, that's not what it says. What it says is that fair use is an exception to the general rule that you aren't allowed to copy a work that's protected by copyright. Very importantly, the determination of fair use depends on the details of the derivative work, not the original work. One derivative work may make fair use of a copyrighted work and thus not be a violation of copyright, while a different derivative work may use the exact same part of the original but not be fair use.

To give a concrete example, consider one short scene from a movie. If a professor of film studies makes a lecture that uses that scene, that lecture may very well qualify as fair use. It is for non-profit educational use, it is transformative, it doesn't compete with the original work, and the excerpt is small in relation to the whole lecture. By all the prongs of the fair use test, it should qualify, and the copyright holder would likely lose if they sued the professor.

But now imagine if someone took the exact same scene from the movie, put a frame around it with some ads, and posted it to YouTube. It was done for profit, wasn't transformative, does compete with the original movie, and the excerpt is large in relation to the whole. A court would undoubtedly rule the use was infringing. That would be true even if the same court had ruled in favor of the film professor. Finding that one use didn't infringe doesn't invalidate the copyright; it just says that specific use was allowed.

In this case, the court ruled that Google's use didn't infringe. That doesn't touch on the deeper issue of whether the files Google copied could have been copyrighted in the first place. It's possible that header files, by themselves, are not sufficiently expressive to be copyrightable. A lot of people have been pushing for the courts to rule exactly that. The ruling in this case hints in that direction, but it doesn't say it outright. As of today, those files are still under copyright, and Oracle could sue the next company that tries to copy them.