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.

Back to Commercial Litigation Update Blog

Search This Blog

Blog Editors


Related Services



Jump to Page


Sign up to receive an email notification when new Commercial Litigation Update posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.