This session will analyze the Supreme Court’s decision in Google LLC v. Oracle America Inc. and will preview the upcoming case Unicolors, Inc. v. H&M Hennes & Mauritz, LP. In Google v. Oracle, the Supreme Court held, in a 6-2 decision, that Google’s copying of the Java SE Application Programming Interface for use in Google’s Android program was a transformative fair use under copyright law. In Unicolors, Inc. v. H&M Hennes & Mauritz, LP, the Court will decide the following question: “Whether the U.S. Court of Appeals for the 9th Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration.” The speakers will dissect the Google v. Oracle decision and offer their critiques. A speaker will preview the issue raised in Unicolors.

Committed speakers include:

Google v. Oracle

Thomas Goldstein, Goldstein & Russell, P.C.

Prof. Peter Menell, UC Berkeley School of Law

Prof. Pamela Samuelson, UC Berkeley School of Law

Prof. Rebecca Tushnet, Harvard Law School

Unicolors, Inc. v. H&M Hennes & Mauritz, LP

Scott Burroughs, Doniger Burroughs

Elizabeth Brannen, Stris & Maher