Thread by @willchamberlain

Did you know that @Google straight-up copied a bunch of @Oracle's code when it was developing Android?

Now, it's going to the Supreme Court to say that it's "fair use" to copy a crucial part competitor's product, and then release a much cheaper version to destroy their business.

@Google @Oracle The case is Google v. Oracle - and it will be heard in March.

The code Google copied was the high-level structure of Java - which allowed it to jump-start development of Android, and co-opt Java's developer base.

That code was copyrighted, and Google knew it.

@Google @Oracle Google has two core points.

First - they argued that the Java declarations are not copyrightable at all, due to something called the "merger doctrine."

Second, they argue that the copying was "fair use."

@Google @Oracle On merger: Oracle has a simple point.

Merger applies when there are only a few ways to express an idea.

Oracle's Java engineers could have written Java in an infinite number of ways.

Google deciding to copy Java - and therefore having to do so precisely - does not control.

@Google @Oracle A solid brief from @The_IAP explains some of the problems with Google's fair use argument.

The idea is simple: if you copy a portion of someone else's copyrighted work and undercut their sales, that's not fair use.

That was first articulated in an 1841 case, Folsom v. Marsh.

@Google @Oracle @The_IAP Also in @The_IAP's brief: a discussion of why the excuse of "opening up competition" fails. Companies shouldn't be forced to share their work in this manner; if they are, they won't invest at all.

Justice Scalia's opinion in Verizon v. Trinko explains this well.

@Google @Oracle @The_IAP Today at 2:30pm EST I'll be interviewing John Thorne - the lawyer on @The_IAP's brief - on Periscope.

We'll be talking through the case and some of the argumentative choices he made.

I think it will be really interesting - hope you guys will tune in.

kellogghansen.com/attorneys-John…

@Google @Oracle @The_IAP Also - check out @JackPosobiec interviewing @rachelbovard on @OANN about the Google v Oracle case