But on Wednesday the Supreme Court looked to more low tech examples, from the typewriter keyboard to restaurant menus, try to resolve an $8 billion-plus copyright dispute between tech giants Google and Oracle. In doing so, Congress has not changed the clear rule that computer programs are entitled to full copyright protection. If tech giant wins, songwriters, news publishers and health care organizations will feel the pain. The landmark case brought by Oracle, which owns Java, drew dozens of outside briefs from Silicon Valley, intellectual property experts and others with a stake in how the court resolves a dispute that could fundamentally reshape the legal contours of the tech industry. At stake is not just the $9 billion that Oracle has said that it is owed but also the law of copyright in the internet era, and which types of code will be subject to protection. Google's attorney Thomas Goldstein stressed during arguments that the company had written all of the code that could be expressed differently from the way that Oracle had done. It is the role of Congress — not the courts — to review laws and amend them in light of new technologies and behaviors. What will you do when the mob shows up at your front door? But on Wednesday the Supreme Court looked to more low tech examples, from the typewriter keyboard to restaurant menus, try to resolve an $8 billion-plus copyright dispute between tech giants Google and Oracle. Applying a similar brand of skepticism to Rosenkranz, he pointed out that someone opening a restaurant is going to have "appetizers first, and entrees and desserts" on the menu. Copyright © 2020 The Washington Times, LLC. The questions for the court are whether the 1976 Copyright Act protects what Google copied, and, even if it does, whether what Google did is still permitted. Instead, Google took some 11,500 lines of code from Java without Oracle’s permission and relied on some of that code to build its Android platform. They fear that ruling in Google’s favor could provide a legal opening for digital platforms, which seemingly try exploiting hard news content on a daily basis, to suck them dry. Rosenkranz, let's say you want to open a restaurant. Although the implications of the case are potentially sweeping, and could set a major new precedent regarding the Constitution’s promise to promote scientific innovation, the issues presented to the short-handed court were highly technical. Instead, it argues that a popular software platform like Java falls within some novel exception under copyright law. The Trump administration, the Motion Picture Association and the Recording Industry Association of America are among those supporting Oracle. But, he said, for some purposes the code must be identical — "there are no substitutes. Justice Neil Gorsuch also repeatedly raised questions about whether a lower court that sided with Oracle was sufficiently deferential to a jury's finding in favor of Google, suggesting the top court could send the case back without a definitive ruling. - "We are told if we agree with Oracle we will ruin the tech industry in the United States," Roberts said at one point to Malcolm Stewart, a Justice Department attorney who represented the United States and argued in favor of Oracle. The case is formally known as Google v. Oracle America, No. Breyer seemed to agree with the keyboard analogy and warned that allowing a copyright would have devastating consequences. A jury then sided with Google, calling its copying "fair use," but an appeals court disagreed. Chief Justice John Roberts was among the justices who turned to examples beyond technology to try to get a handle on the dispute, asking Oracle's lawyer to imagine opening a new restaurant and creating a menu. Oracle's attorney, Joshua Rosenkranz, countered that Google did have options that did not involve using Oracle's code, albeit expensive ones. Google said it backed out of the deal over Oracle’s requirement that any products Google developed with the code would need to be compatible with the Java platform. A Division of NBCUniversal. In this Oct. 5, 2020, photo the Supreme Court in Washington. © 2020 CNBC LLC. Google does not dispute that it copied Oracle’s code. Quiz: Can you pass a U.S. state capitals test? Google argued that ruling in Oracle’s favor would be devastating to developers who have come to rely on the assumption that software interfaces — like the code at issue here — can be reused lawfully.

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