![]() Held: Google’s copying of the Java SE API, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a fair use of that material as a matter of law. Prior to remand for a trial on damages, the Court agreed to review the Federal Circuit’s determinations as to both copyrightability and fair use. After a jury then found for Google on fair use, the Federal Circuit reversed, concluding that Google’s copying was not a fair use as a matter of law. ![]() In the proceedings below, the Federal Circuit held that the copied lines are copyrightable. Over the course of protracted litigation, the lower courts have considered (1) whether Java SE’s owner could copyright the copied lines from the API, and (2) if so, whether Google’s copying constituted a permissible “fair use” of that material freeing Google from copyright liability. An API allows programmers to call upon prewritten computing tasks for use in their own programs. The copied lines are part of a tool called an Application Programming Interface (API). To allow the millions of programmers familiar with the Java programming language to work with its new Android platform, Google copied roughly 11,500 lines of code from the Java SE program. In 2005, Google acquired Android and sought to build a new software platform for mobile devices. Oracle America, Inc., owns a copyright in Java SE, a computer platform that uses the popular Java computer programming language. ![]()
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