Newsweek - USA (2019-06-07)

(Antfer) #1

NEWSWEEK.COM 37


the Suprempart because it agreed with the appeals court that the Java declarations were copyrightable. At the samthrough application of the fair use doctrine. The tance to comnature of software interfaces and their imcerns” Google was raising—fact that the jury had not yet ruled on fair use was e time, it wrote that “the ime Court taking the case. It did so in petition—were “better addressed” about the functional portant conpor--
another reason the government urged the Supreme Court to not hear the case at that time.the timCourt to weigh in. The stakes are high.Now that the fair use question has been decided, e might finally be right for the Supreme
book and Amazon, whose market power concerns one of Big Tech’s behemtions Industry Association. “We want to have as much competition as possible in the computer industry.”people—than Band, who co-wrote a friend-of-the-court brief supporting Google for the Computer & Communica-“Ultimately, it’s all about competition,” says Jona-He admits that it may seem odd that Google—is cast as the champion of competition. “But oths, along with Face-
to the extent this case is about tech incumbents hav-ing too much power,” he says, “the Federal Circuit’s rulings would make them even more entrenched.”

CH CIRCUIT’S RULINGS WOULD MAKE THEM INCUMBENTS HAVING TOO MUCH POWER, EVEN MORE ENTRENCHED.”


DECISION:works U.S. prevent ʤʥVOTE:publisher JOKIRTSAENG V. HN Wof copyrighted^ 6–3that it licensed ILEY & SOresale in the A U.S. cannot NS INC.
OUTCOME:markets WINNER:market IP for rights holdersale in overseas Kirtsaengsales). Against (i.e., gray-
DECISION:OUTCOME:not SERVICES V. PROMnatural /$%25$725,(6,1&ʤʥVOTE:process MAYO COpatentable.^ 9–0LLABO Against IP laws is that applies A diagnostic RATIVE ETHEUS
rights WINNER:Collaborative Mayo holderServices
adjustable KSR INTERNATIOʤʥVOTE:was previous DECISION:that V. TELEFLEX too obvious combined two^ 9–0 An inventions gas pedal NAL CO.
to OUTCOME:IP WINNER:Internationalpatent.rights holder KSR Against
infringed, barring ʤʥVOTE:is a DECISION:MEBAY INC. V. ERCEXCHANGE LLC patent is being not automatic.^ 9–0infringement Even when an order
OUTCOME:IP WINNER:rights holder eBay Inc. Against
DECISION:users’ be V. GROsharing ʤʥVOTE:that MGMliable for their STUDIO^ distribute file-KSTER LTD. 9–0copyright software can Companies S INC.

75 /,:.^5 $^0 <) 520  723 % 522. 6 .^6 $) 7 //&ʔ& 25 %, 6 ʔ*( (^7) infringements rights they OUTCOME:profit WINNER: encourage and from them.holderMGM Studios For IP if


1 ʔ(^77 <&- 2 %^85721 ʔ(^77 <


JUNE 07, 2019

Free download pdf