There are many examples of business disputes involving intellectual property. Using the Internet locate a real example of an active dispute involving a patent, copyright, trademark or trade secret and summarize the main points of your findings. Then, predict what you believe will be the outcome of the dispute for the example you provided. Justify your response. —– This should be a minimum of 500 words.
Next, Comment on the below. The comment should be a minimum of 250 words.
In 2010 Oracle filed a lawsuit against Google claiming that the search giant violated their copyrights and patents in the creation of the Android mobile operating system. On the copyright side of things, the issue centered around the Java programming language’s application programming interface (API). An API is basically a set of instructions that tell an application how to interact with something else on the computer. Google, wanting to make Android accessible to JAVA developers, copied the Java API though nothing else from the language was copied.
Oracle sued claiming, in part, copyright infringement in the API. However, the lower court ruled that APIs could not be protected by copyright, siding with Google. Oracle then appealed that ruling, which was overturned. Google has now put the case before the Supreme Court, which in turn has asked for advice from the federal government.
The copying and reuse of APIs or elements from APIs is fairly common in programming. While Java is a programming language, these days almost every site, application, device or tool has an API that allows connected programs, devices, etc. to communicate with it.
While this likely won’t impact the use of an API for its intended function, many developers create APIs identical to or similar to others in the field to encourage others to create applications for it. If APIs are copyright protected and Google’s use is not a fair use, it could spell trouble for a lot of developers. Still, this case has the potential to drastically change how various applications and devices talk to one another and could result in a great deal of additional litigation. If Oracle wins, it’s unlikely that this will be the last such lawsuit filed.