The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company's creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that’s part of Oracle’s Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn’t be written another way. But Austin, Texas-based Oracle said Google “committed an egregious act of plagiarism,” and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court's decision, the justices assumed “for argument’s sake, that the material was copyrightable.”
"But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google’s copying did not violate the copyright law,” he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed "Oracle’s code at issue here is copyrightable, and Google’s use of that copyrighted code was anything but fair.”
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
In a statement, Google's chief legal officer, Kent Walker, called the ruling a “victory for consumers, interoperability, and computer science." “The decision gives legal certainty to the next generation of developers whose new products and services will benefit consumers,” Walker wrote.
Oracle's chief legal officer, Dorian Daley, condemned the outcome. “The Google platform just got bigger and market power greater. The barriers to entry higher and the ability to compete lower. They stole Java and spent a decade litigating as only a monopolist can," she wrote in a statement.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in on the case in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956.
The Rev. Al Sharpton is set to lead a protest march on Wall Street to urge corporate America to resist the Trump administration’s campaign to roll back diversity, equity and inclusion initiatives. The New York civil rights leader will join clergy, labor and community leaders Thursday in a demonstration through Manhattan’s Financial District that’s timed with the anniversary of the Civil Rights-era March on Washington in 1963. Sharpton called DEI the “civil rights fight of our generation." He and other Black leaders have called for boycotting American retailers that scaled backed policies and programs aimed at bolstering diversity and reducing discrimination in their ranks.
President Donald Trump's administration last month awarded a $1.2 billion contract to build and operate what's expected to become the nation’s largest immigration detention complex to a tiny Virginia firm with no experience running correction facilities.
Chipmaker Nvidia is poised to release a quarterly report that could provide a better sense of whether the stock market has been riding an overhyped artificial intelligence bubble or is being propelled by a technological boom that’s still gathering momentum.
Cracker Barrel said late Tuesday it’s returning to its old logo after critics — including President Donald Trump — protested the company’s plan to modernize.
Low-value imports are losing their duty-free status in the U.S. this week as part of President Donald Trump's agenda for making the nation less dependent on foreign goods. A widely used customs exemption for international shipments worth $800 or less is set to end starting on Friday. Trump already ended the “de minimis” rule for inexpensive items sent from China and Hong Kong, but having to pay import taxes on small parcels from everywhere else likely will be a big change for some small businesses and online shoppers. Purchases that previously entered the U.S. without needing to clear customs will be subject to the origin country’s tariff rate, which can range from 10% to 50%.
Southwest Airlines will soon require plus-size travelers to pay for an extra seat in advance if they can't fit within the armrests of one seat. This change is part of several updates the airline is making. The new rule starts on Jan. 27, the same day Southwest begins assigning seats. Currently, plus-size passengers can pay for an extra seat in advance and later get a refund, or request a free extra seat at the airport. Under the new policy, refunds are still possible but not guaranteed. Southwest said in a statement it is updating policies to prepare for assigned seating next year.
Cracker Barrel is sticking with its new logo. For now. But the chain is also apologizing to fans who were angered when the change was announced last week.
Elon Musk on Monday targeted Apple and OpenAI in an antitrust lawsuit alleging that the iPhone maker and the ChatGPT maker are teaming up to thwart competition in artificial intelligence.
