Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “The Court Dismisses the Trump Twitter Account Case as Moot, but Social Media Is Sure to Be on the Menu Again“.
The following is an excerpt:
Yesterday, I discussed the Supreme Court’s move into the world of technology in the case of Google LLC v. Oracle America, Inc., in which the Court held that Google’s copying of a small slice of Java programming language code constituted a permissible “fair use” of Oracle’s assumed copyright of Java itself. The Court’s reversal of a contrary decision by the Federal Circuit, saving Google perhaps more than $1 billion in damages, was based on factual determinations that copying the relevant code that constituted an “Application Programming Interface,” or “API,” to develop novel, transformative applications related to Android smartphones was, among other things, of minor and unrelated interest to Oracle’s interest in the Java programming language and was otherwise in the public interest. Whether this important decision will create an open season on API’s, an effective limitation on patent and copyright troll cases, or something that could affect antitrust litigation will only be seen in the future. What is certain is that the Court increasingly will be involved in cases related to information technology. As another recent Court action suggests, one such aspect of this might relate to social media.
Click here to read the full post and more on SCOTUS Today.