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Commentary
The Federalist Society

In Google v. Oracle, the Supreme Court Should Protect Copyright in the Tech Industry

Adam Mossoff
Adam Mossoff
Chair, Forum for Intellectual Property and Senior Fellow

From Mark Twain to Marvel Comics to Microsoft Windows, America has a rich history of fostering innovation and creativity with laws that have secured the fruits of labors of artists and creators. The Founders confirmed their dedication to protecting creativity by empowering Congress in the to secure copyrights (and patents). Founders like James Madison, James Monroe and others were in the First Congress when they enacted the

Fast forward to today and the Supreme Court will hear arguments this year between two of the biggest tech giants in America - Oracle and Google - regarding Google’s theft of Oracle’s intellectual property. (The oral argument was originally scheduled for March 24, 2020, but it has been postponed until next fall due to the coronavirus pandemic.) No case better exemplifies the need to uphold America’s long tradition of protecting innovation and creativity than this case.

In his amicus brief supporting Oracle, the Solicitor General of the United States, Noel Francisco, that Google “copied 11,500 lines of computer code verbatim, as well as the complex structure and organization inherent in that code, to help its competing commercial product.”

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