On February 19, 2020, Dan Brooks filed an amicus curiae brief, available here, on behalf of 25 law professors in the fields of journalism and media with the U.S. Supreme Court.
The brief follows the grant of certiorari to the Federal Circuit Court of Appeals in Oracle America, Inc. v. Google Inc. addressed to “fair use issues” in which Dan’s earlier amicus brief was cited by the Federal Circuit in its recent decision on the brief’s central point. Oracle appealed, successfully, from a judgment of the U.S. District Court for the Northern District of California holding, after a jury trial, that Google’s unauthorized use of Oracle’s Java computer source code in the Android mobile operating system did not constitute copyright infringement because it was protected by the affirmative defense of fair use. The Federal Circuit reversed the District Court’s rulings and remanded for a trial on damages.
The brief in the Federal Circuit can be found here. The Federal Circuit’s decision can be found here, with the citation to the brief appearing at p. 39, n.8.
