In a 6-2 decision, the justices overturned a lower court’s ruling that Google’s inclusion of Oracle’s software code in Android did not constitute a fair use under U.S. copyright law.
The U.S. Supreme Court handed Alphabet Inc’s Google a major victory, ruling that its use of Oracle Corp’s software code to build the Android operating system that runs most of the world’s smartphones did not violate federal copyright law. In a 6-2 decision, the justices overturned a lower court’s ruling that Google’s inclusion of Oracle’s software code in Android did not constitute a fair use under U.S. copyright law. Justice Stephen Breyer, writing for the majority, said that allowing Oracle to enforce a copyright on its code would harm the public by making it a «lock limiting the future creativity of new programs. Oracle alone would hold the key.» Oracle and Google, two California-based technology giants with combined annual revenues of more than $175 billion, have been feuding since Oracle sued for copyright infringement in 2010 in San Francisco federal court. Google had appealed a 2018 ruling by the U.S. Court of Appeals for the Federal Circuit in Washington reviving the suit. The ruling spares Google of a potentially massive damages verdict. Oracle had been seeking more than $8 billion, but renewed estimates went as high as $20 billion to $30 billion, according to two people with knowledge of the situation. «The decision gives legal certainty to the next generation of developers whose new products and services will benefit consumers,» said Kent Walker, Google’s senior vice president of global affairs.
