Oracle v. Google at the Supreme Court

I was pleased to join in the amicus brief supporting the Oracle position on functionality analysis for software copyrightability and fair use, concerning the copying by Google of Oracle’s Java APIs (https://www.supremecourt.gov/DocketPDF/18/18-956/133292/20200218154154863_18-956%20bsac%20Copyright%20Thought%20Leaders–PDFA.pdf), which is now being considered by the Supreme Court.

Kudos to Steven Tepp for the drafting and organization of the brief. In my view, there is no clear error on the part of the CAFC in its analysis of functionality and copyrightability (there are clearly several different methods among the Circuits for such analysis, but none seem inherently wrong), and even more fundamentally the fair use analysis by the CAFC is persuasive and comprehensive—there is no appearance here of “transformative” use. I’d posted similar comments in 2018 on the CAFC decision in this post (https://scipublaw.com/oracle-v-google/).


Download the Oracle v Google Brief

Reflecting on My Time at Elsevier

Reflecting on My Time at Elsevier

I’ve been at Elsevier since 1995, and worked to support the growth and reach of the business.  It has been amazing to see Elsevier and other STM publishers embrace the online Internet world, face the challenges of digital (and old fashioned print) piracy, change business models (agents to subscriptions to OA), expand internationally, and look to add a series of analytical tools and services on top of our traditional content.  I reflected on this a bit earlier this month at the STM association Innovations Seminar in London and recorded a podcast interview in CCC’s “Beyond the Book” series at http://bit.ly/2kXsgrd where I spoke about the digital innovation in STM publishing and impact on copyright law and policy development.  The slideshow I used at the STM event is attached.

I’ve been immensely proud of the work that Elsevier has done in these areas of innovation, and I continue to think the world is substantially improved by Elsevier’s commitment to quality and utility.

Anyone can publish anything online these days, but in my view ensuring an independent voice for professional scientific and medical communications is vital to a well-functioning society.

My plans are to continue observing and commenting on copyright issues as they pertain to science publishing, and to do some consulting at times on these points, in addition to traditional retirement activities.

More posts and comments to come!

Mark Seeley