IPDuck
The only blog devoted to both intellectual property law and the latest humor from the web.
Thursday, September 11, 2025
My latest amicus brief: Cox v. Sony
Last Friday, EFF filed the latest amicus brief I helped write, in the U.S. Supreme Court case of Cox v. Sony. The case deals with the standards for contributory copyright infringement. EFF's blog post about the brief is here.
Thursday, December 7, 2023
My Latest Amicus Brief: Warner Chappell Music v. Nealy
Earlier this week, EFF filed the latest amicus brief I helped write. It's a U.S. Supreme Court case about the copyright statute of limitations; our brief discussed how that issue relates to the copyright troll problem. EFF's blog post about the brief is here.
Friday, April 14, 2023
Federal Circuit Finally Gets Something Right About Copyright Law, Affirms SAS v. WPL
Last week, the Federal Circuit finally got something right about copyright law. It affirmed the district court's ruling in SAS v. WPL, holding that a computer program's input formats and output designs aren't protected by copyright. EFF's blog post about the ruling is here.
Monday, August 30, 2021
My Latest EFF Amicus Brief: SAS v. WPL
Today EFF filed the latest amicus brief I helped write, in SAS Institute Inc. v. World Programming Ltd. The case involves the copyrightability of input formats and output designs of a statistical analysis program. In other words, things that have no business being anywhere near the subject of copyright protection.
EFF's blog post about the case and our brief is here.
Monday, April 12, 2021
Victory for Fair Use: Supreme Court Rules in Google's Favor in Oracle v. Google
On April 5, 2021, the U.S. Supreme Court released its decision in Google v. Oracle. The Court reversed the Federal Circuit and held that Google's use of Java APIs was a fair use.
EFF's blog post about the decision is here. Other articles about the decision are here, here, here, and here.
Monday, January 13, 2020
This Is Hopefully My Last Amicus Brief In Oracle v. Google
Today EFF filed what is hopefully my last amicus brief in the long running case of Oracle v. Google. The nearly 10-year old case is now called Google v. Oracle, because of the U.S. Supreme Court's rule that changes the order of the parties when the Court grants a losing defendant's review of a lower court decision. Here, Google sought review of two terrible decisions by the Federal Circuit about copyrightability and fair use of computer interfaces.
EFF's first brief explains how Congress set up the patent and copyright system to have separate regimes for patentable subject matter vs. copyrightable subject matter. The brief then explains how the courts can analyze aspects of computer software to determine whether they are copyrightable--in this case, the Java API declarations are not copyrightable. The Supreme Court is expected to hear oral arguments in March 2020, and decide the case by June.
EFF's amicus brief was one of 27 amicus briefs supporting Google. The Supreme Court briefs in the case can be found on EFF's case page or on the Supreme Court docket.
EFF's first brief explains how Congress set up the patent and copyright system to have separate regimes for patentable subject matter vs. copyrightable subject matter. The brief then explains how the courts can analyze aspects of computer software to determine whether they are copyrightable--in this case, the Java API declarations are not copyrightable. The Supreme Court is expected to hear oral arguments in March 2020, and decide the case by June.
EFF's amicus brief was one of 27 amicus briefs supporting Google. The Supreme Court briefs in the case can be found on EFF's case page or on the Supreme Court docket.
Monday, February 25, 2019
Yet Another Amicus Brief in Oracle v. Google
Today EFF filed the latest amicus brief on which I worked, in the long running case of Oracle v. Google. EFF's blog post about the brief is here.
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