CCIA Filed Amicus Brief in Federal Circuit Case Oracle v. Google in Support of Interoperability

BY Ali Sternburg
June 6, 2013

Last week, CCIA filed an amicus brief [PDF] with the Court of Appeals for the Federal Circuit in Oracle v. Google.  Oracle’s initial complaint included both copyright and patent claims, and the court decided to split it up into separate cases.  (For more information on the rather complicated procedural history, ArsTechnica has a series of posts following each development.)  CCIA’s brief was filed in an appeal of the case involving the copyrightability of APIs.  CCIA urged the Federal Circuit to affirm the district court’s finding that Oracle’s APIs at issue were not copyrightable.

CCIA’s brief also focused on the important historical context underlying this area of law and policy.  There have been decades of court decisions, that were later codified, that protect the important principle of interoperability.  There is an interoperability exception in the DMCA, and many free trade agreements mandate that signatories have protections for interoperability.  Nations around the world have followed suit and passed legislation permitting reverse engineering in order to achieve interoperability.

CCIA has been filing amicus briefs in support of interoperability for more than twenty years; they are all available on this page:  CCIA is optimistic that the Federal Circuit will affirm this long-held principle that is crucial to this industry.

Related Articles

Google Introduces Changes to Android to Comply with Commission Competition Decision

Oct 16, 2018

Brussels, BELGIUM — While Google is appealing the European Commission’s Android decision, it announced changes to contractual terms today to comply with the decision. The changes will specifically address contractual terms the Commission took issue with in its decision. Starting later this month, phone makers will be able to license Google’s mobile application suite without…

EC Issues Record Fine In Google Shopping Case; CCIA Concerned About Chilling Effect On Innovation

Jun 27, 2017

Brussels, BELGIUM — The European Commission announced a record fine today. Its antitrust investigation began seven years ago after some online price comparison sites complained Google favored its own service in search results. Today the Commission decided that the prominent placement of Google’s own comparison shopping service in search results constitutes abuse of a dominant…

Join CCIA Europe for a briefing following the EC’s Google Antitrust Announcement

Jun 27, 2017

The European Commission announced a record fine after a 7 year investigation comparing Google and some online shopping competitors. For more than four decades, the Computer & Communications Industry Association has vigorously supported enforcement of antitrust laws when dynamic markets, consumers or innovation was being harmed. Tech companies are watching to gage whether it is…