Oracle Appeal

Just an update per my previous post in May, Oracle has in fact appealed the fair use ruling in Oracle v. Google, so CAFC should be weighing in again in the near future.

It’s a very nuanced case and there are multiple reasons CAFC may let the jury decision stand. That said, as discussed in my May update, at a “high” level, it’s not easy to see how the facts fit within a typical fair use assessment. ┬áCommercial use with non-transformative copying is generally a poor candidate for a fair use defense.

Hopefully another interesting CAFC opinion will come from it all.