Three Fundamental Flaws in CAFC's Oracle v. Google Decision

Samuelson, Pamela

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Three Fundamental Flaws in CAFC's Oracle v. Google Decision

European Intellectual Property Review, October 2015, Forthcoming

13 Pages Posted: 15 Aug 2015

See all articles by Pamela Samuelson

Pamela Samuelson

University of California, Berkeley - School of Law

Date Written: August 13, 2015

Abstract

The CAFC’s Oracle v. Google decision is deeply flawed and at odds with more than two decades of copyright precedents applying copyright law to computer programs. This article shows that the CAFC erred in its interpretation of § 102(b), in its overbroad conception of interfaces as protectable structure in programs, and in misconstruing and misapplying the merger doctrine to program interfaces.

Keywords: Oracle v. Google, copyright law

Suggested Citation: Suggested Citation

Samuelson, Pamela, Three Fundamental Flaws in CAFC's Oracle v. Google Decision (August 13, 2015). European Intellectual Property Review, October 2015, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2643840