Google LLC v Oracle Inc.: Litigations on the use of APIs

Google LLC v Oracle Inc.
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Executive summary
Technological improvements over the last two decades have completely changed the way humans interact with machines. The world has experienced a rapid change as companies race to acquire their share of people's attention. 2020 represented the start of a new decade, and while the beginning wasn't ideal, the experience to date shows no signs of technology slowing down. On the contrary, this decade will likely accelerate different solutions for people to associate, gather and share information. The future of technology is attractive due to companies' dedication to getting more people to use their products, platforms, or online services. This is an environment that has achieved so much but, at the same time, poses an insane amount of growth potential.
Monopoly is a term that represents a situation where a product or service has a single seller in the market. A monopoly is considered the polar opposite of a thriving competitive space for economic analysis. The technological area is competitive; however, the variables make it easy for companies to create a monopoly, unlike physical businesses. For instance, recently branded as Meta, Facebook owns the original Facebook platform, Whatsapp and Instagram. Tesla's CEO Elon Musk owns the Tesla brand, Space X, and Twitter following his recent acquisition of the platform for $43 billion. An individual with a programing skill can develop a social media platform; however, they will face hurdles trying to compete with already established giants. Therefore, albeit unintentional or intentional, some companies like Facebook, Google, and Amazon are creating monopolies due to their ability to create a competing product or outright buy out a competitor. As the digital world prospers, is creative expression and development hindered by laws and bullish companies determined to maintain their influence on the market?
Background
This case study is focused on the case between Google LLC and Oracle America, Inc. Registered as case number 18-956, it reached the US Supreme court, the highest court in the land, in October 2020. For almost ten years, the case has been in litigation, characterized by appeals and reversals. Dubbed the most important legal decision in digital history, it can have massive repercussions on the state of computer software development and IP protection. This dispute is centered on Java's programming language's application programming interfaces (APIs) and the use of other 11,000 lines of source code. Rights to use these codes belong to Oracle America, Inc. originating from Sun Microsystems. However, the company claims that Google LLC used the APIs in their earlier versions of Android operating systems. Over the years, Google has transitioned its operation to a copyright-unburdened engine without the source codes. Google doesn't deny using the APIs; however, it argues that its use is within the legalities of fair use.
Over 25 years, the Supreme Court has failed to provide more guidance on the application of fair use under the Copyright Act of 1976. The four-factor statutory defense to copyright infringement claims has been chiefly applied to art and music. While it doesn't solve all disputes in those creative fields, its application to software development presents more problems than solutions. Software developers must rely upon interpretations and assumptions that may be misleading and lack any legal assurances CITATION Har21 \l 1033 (Rev, 2021).
Case Evaluation
Unlike other established creative entities such as art, photography, and music, the digital space lacks clarity. It is a new phenomenon; therefore, it will take time to define the limitations needed to facilitate collaboration and protect intellectual property.
* What Constitutes a Technology Platform?
A platform needs to create an environment where applications and operating systems are built. The technology will contain tools to help the user create customized designs, products, or tailored services CITATION Joh16 \l 1033 (Spacey, 2016). A technology platform will vary depending on the target audience and its advantage. They include digital structures supporting gaming, web design, security needs, analytics, content management, storage, and databases. A technology that efficiently solves a human problem can be considered inherently valuable since it provides an alternative. Value in technology can also be determined by how many users it brings together and its ability to promote development and information exchange,
* Has IP Been Misapplied In the Digital World of Computer Software?
Reliance on technology platforms has changed the digital economy and consequent consumer behavior. It has also brought forth unforeseen branding, marketing, user safety, and data protection issues. For instance, the past decade has seen established companies become victims of data breaches and cyber-attacks. On September 22, 2016, Yahoo confirmed a confidential leak of about 500 million credentials. Nest 'smart' thermostat (owned by Google) failed in its attempts to update the software. The result was an unreliable home heating device and inconvenienced customer base. These are some of the unforeseen issues technology companies experience with their products and services. What if the company finds a solution to the glitch? Does the IP belong to the company or the creator of the code?
The company will now pay a programmer to create unique algorithms, commands, and codes but keeps the rights to the code. This is the same approach a record label will use regarding an artist's albums if they offer an advance. Unlike music, software engineering has many layers where the lines on intellectual property are blurred. This is because programming will rely on the previous layer of programing that someone else might do. For instance, computing technology will work on top of operating systems. Contracts for programmers may include clauses that deprive them of IP if they use company equipment or create something during working hours. Others go to the extreme of obtaining the IP rights of projects done by a freelance programmer. Therefore, IP's application in software engineering is insufficient considering the numerous variables in play in developing a valuable technology.
ICT presents a considerable opportunity to developing countries, but at the same time, it comes with challenges. The lack of infrastructure means that internet access is limited to those living in and around cities. Access is limited, considering that some individuals and families can't afford the devices. Coupled with international rules on copyright and database protection, access barriers make it challenging for programmers in such regions. It is easier for such individuals to lose their IP to a foreign company.
* Is Computer Software a result of a Creative Process?
A company will have a different design, coding, and testing teams before unveiling a software or product. This process is more of an engineering undertaking with little room for innovation to an outsider looking in....