Articles

Pinkus: A big decision on software and copyright fair use

Few of us get through a day without relying on software based on the Java or Android platforms, and every day for a decade the companies behind them have been locked in battle. Oracle and Google are litigating whether 11,500 lines of Java source code copied verbatim by Google can be used by it for free under the “fair use” defense to infringement in the Copyright Act.

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Today’s battle over streaming and videos

Copyright protection is recognized in the Constitution, and the Act preempts all state laws creating the same or equivalent rights. But it doesn’t preempt protection for recordings made before 1972 under state statutes or common law until 2067.

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