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Sue Ghosh Stricklett

Sue Ghosh Stricklett is a widely published freelance author on topical legal issues. A graduate of the Catholic University of America School of Law, she has practiced law for the past 25 years.

Recent Articles by Sue Ghosh Stricklett

DOJ Falters on Prosecution of Cybercrimes Due to Unequal Application of the Computer Fraud and Abuse Act

Recent policy announcements by the U.S. Department of Justice (DOJ) regarding the selective prosecution under the Computer Fraud and Abuse Act of 1986 (CFAA) has had the unintended consequence of alerting cyber criminals that the DOJ cannot walk and chew gum at the same time. The CFAA, a landmark 1986 legislation, prohibits accessing a computer without authorization or in excess of authorization.

Google v. Oracle: The High Court Holds the Future of IP in Its Hands

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?