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Ruling On Copyrightability Of Java Elements Geared Toward Appellate Court

Publication Date: 
June 04, 2012
Daily Journal
Craig Anderson

Lecturer Brian Love is quoted in the following article on the Oracle v. Google case involving specific elements of the Java programming language. The Daily Journal's Craig Anderson reports:

In the wake of U.S. District Judge William Alsup's ruling that elements of the Java programming language cannot be copyrighted, Oracle Corp. faces a daunting task winning significant damages or an injunction against Google Inc. on appeal, legal observers said.

Although Oracle lost before both judge and jury in the closely watched intellectual property case, it's not impossible for the Redwood Shores-based company to prevail before the Washington D.C.-based U.S. Court of Appeals for the Federal Circuit. But victory may be quite difficult.


Brian J. Love, a teaching fellow at Stanford Law School, said he believed Alsup's thorough review of the case law was aimed at the Federal Circuit. "You definitely get the feeling that he's talking to the appellate court," he said.


But Love is less certain that the ruling will be treated that way. Legal observers already have taken note of his emphasis on the importance of getting patents on software instead of relying on copyright law.

"Regardless of his intentions, the ruling probably has broader implications than just this case," he said.