In Oracle vs. Google, the Federal Circuit Court of Appeal, aka the “Patent Court”, has once again taken a delusionally extremist position on IP, and ruled that software APIs are subject to copyright. As Timothy B. Lee observes, “The court that created the patent troll mess is screwing up copyright too.”

A few years ago, the database company Oracle sued Google, arguing that Google’s Android operating system infringed the copyright of Oracle’s Java technology. On Friday, a federal appeals court sided with Oracle in the long-running dispute.


The decision seems to reflect a fundamental lack of understanding of how software works. And it could create serious headaches for companies that want to make their software compatible with that of competitors.

Why did Oracle sue Google?

The lawsuit focuses on technical decisions Google made when it created the Android operating system.

Google wanted people who wrote programs in the popular programming language Java to be able to re-use their code in Android apps. To do that, Google had to ensure that Java code written for other purposes ran exactly the same on Android. But negotiations with the company behind Java, Sun Microsystems (which was later acquired by Oracle), broke down, so Google decided to create its own version of Java from scratch.

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The trial court judge, William Alsup, sided with Google. Copyright only protects the creative aspects of a work, not its functional characteristics. Judge Alsup ruled that because the names of Java functions was essential to achieving interoperability, they were a functional characteristic rather than a creative aspect of Java, and using them wasn’t copyright infringement.

But on Friday, the Federal Circuit Court of Appeals disagreed. The court was unimpressed with Google’s argument that function names were functional characteristics not protected by copyright. In the Federal Circuit’s view, the list of Java functions was just another kind of “code” that couldn’t be copied without its creator’s permission.

The court’s reasoning didn’t impress James Grimmelmann, a copyright scholar at the University of Maryland. “Not only do they not understand how computers work, they can’t even read,” he says.

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The Federal Circuit is the court that hears appeals in all patent cases. Over the last three decades, it has shown a consistent bias in favor of patent holders, setting legal precedents that made the current patent troll problem possible.

Ordinarily, copyright cases in California would be heard by the US Court of Appeals for the Ninth Circuit. But because Oracle’s fight with Google also includes some patent issues, the Federal Circuit gets jurisdiction.

And evidently, the Federal Circuit has a bias toward copyright holders to go with its pro-patent bias.

Needless to say, the Federal Circuit Court of Appeals is completely insane, and should be abolished, and the judges on that court should be told to take up knitting.