Sue Ghosh Stricklett

In what many regard as the intellectual property case of the century, the United States Supreme Court has—on October 7, 2020—presided over oral arguments in Google v. Oracle. The decade-long dispute between two of Silicon Valley’s behemoths centers on Google’s unauthorized use of 11,500 lines from Oracle’s Java APIs (Application Programming Interfaces) declaring code in its Android operating system. Given the global ubiquity of smartphones, roughly three-quarters of which use the Android operating system, the financial stakes have never been higher. As we await the outcome of the October 7 proceedings, there are important questions to contemplate, including the uncertain impact of Justice Amy Coney Barrett’s confirmation to the Supreme Court. In particular, can the attorneys for Google convincingly argue that the unauthorized use of the JAVA APIs’ declaring code is justified? It may be justifiable if these particular API packages are not copyrightable. On the other hand, if Google accepts Oracle’s claim of copyright protection, can Google then assert a fair use defense for its use of 11,500 lines of declaring code?  

On January 26, CBS broadcast the 63rd Annual Grammy Awards, which celebrated America’s finest recording artists and songwriters. Drawing a global audience with performances by super stars such as Aerosmith, Blake Shelton, and Ariana Grande, the event highlighted the music industry’s talents, innovation, and extraordinary financial success. Yet, what keeps the music flowing in a thriving marketplace is the fair operation of the performing rights license marketplace made possible by vigilant antitrust enforcement. The Department of Justice, Antitrust Division (the Department) is currently reviewing the consent decrees between the federal government and two performance rights organization behemoths: ASCAP (American Society of Composers, Authors, and Publishers) and BMI (Broadcast Music, Inc.). While conducting periodic reviews of antitrust law is smart policy, altering or scrapping the music decrees would be a mistake.

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that battle may finally be nearing its conclusion. On January 7, the first of the amicus briefs were filed, signaling that both sides are marshaling their arguments for one final push toward the…