©2018. Published in Landslide, Vol. 11, No. 1, September/October 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Oracle America, Inc. v. Google LLC, 886 F.3d 1179, 126 U.S.P.Q.2d 1228 (Fed. Cir. 2018). The Federal Circuit reversed a district court’s denial of a renewed motion for JMOL, finding that the accused copyright infringer’s use did not constitute fair use. A first jury verdict found infringement, and a second jury trial returned a verdict that fair use was a complete defense. The Federal Circuit applied the four factors under Campbell for fair use and concluded that the accused infringer’s use was not fair use, and remanded for a trial on damages. The Federal Circuit noted that this decision did not foreclose a fair use defense in copyright actions related to software code.
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