Client Alert: US Supreme Court Holds that Copying "Declaring Code" Is Fair Use

On April 5, 2021, the US Supreme Court decided the long-running and closely-watched case of Google v. Oracle, holding that it was a fair use for Google to copy the “declaring code” from the application program interface (API) of Oracle’s Java SE platform when implementing Java for Google’s Android operating system. The Court sidestepped the question of whether Oracle’s copyright protected such code at all, instead assuming that it did. The Court then conducted a fair use analysis that, depending on one’s perspective, was either an “ordinary application of copyright’s limiting doctrines,” or “wholly inconsistent with the substantial protection Congress gave to computer code.” Although the Court went to great lengths to cabin its holding to the very narrow type of code at issue, the decision is sure to feature prominently in fair use analyses in copyright infringement cases in the years to come.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: US Supreme Court Holds that Copying "Declaring Code" Is Fair Use

On April 5, 2021, the US Supreme Court decided the long-running and closely-watched case of Google v. Oracle, holding that it was a fair use for Google to copy the “declaring code” from the application program interface (API) of Oracle’s Java SE platform when implementing Java for Google’s Android operating system. The Court sidestepped the question of whether Oracle’s copyright protected such code at all, instead assuming that it did. The Court then conducted a fair use analysis that, depending on one’s perspective, was either an “ordinary application of copyright’s limiting doctrines,” or “wholly inconsistent with the substantial protection Congress gave to computer code.” Although the Court went to great lengths to cabin its holding to the very narrow type of code at issue, the decision is sure to feature prominently in fair use analyses in copyright infringement cases in the years to come.

To read the full article, please click here.

Related Capabilities

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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