It's not every day that a decade-long Big Tech fight finally gets resolved. And it's also not every day that the Supreme Court decides to get into the weeds to determine and balance the four fair use copyright factors. Combine the two and you have the chance for some real intellectual property fireworks.
Did the Supreme Court clear things up? Or did it make things even more ambiguous and costly for market participants (and litigators)?
You be the judge.
It doesn't take an Oracle to see that this case will have lasting ramifications...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:35 On Copyrightability 10:47 Fair Use 13:45 Nature of the Protected Work 19:42 Purpose of the Use 26:59 Amount of the Work Taken 31:48 Effect on the Market 38:49 Conclusion
Discussed in this episode:
Google vs Oracle US Supreme Court - Decided April 5, 2021 https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Definitions" 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com