The US Supreme Court has sided with Google in an eight billion dollar (£5.7bn) copyright dispute with Oracle over the internet company’s creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organisation that is part of Oracle’s Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress.
And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that could not be written another way.
But Oracle said Google “committed an egregious act of plagiarism”, and it sued.
The justices ruled 6-2 for Google Inc, based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court’s decision, the justices assumed “for argument’s sake, that the material was copyrightable”.
“But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google’s copying did not violate the copyright law,” he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed “Oracle’s code at issue here is copyrightable, and Google’s use of that copyrighted code was anything but fair”.
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
The case has been going on for a decade.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in, in favour of Google.
The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
