Client Alert: US Supreme Court Holds that Copying "Declaring Code" Is Fair Use

On April 5, 2021, the US Supreme Court decided the long-running and closely-watched case of Google v. Oracle, holding that it was a fair use for Google to copy the “declaring code” from the application program interface (API) of Oracle’s Java SE platform when implementing Java for Google’s Android operating system. The Court sidestepped the question of whether Oracle’s copyright protected such code at all, instead assuming that it did. The Court then conducted a fair use analysis that, depending on one’s perspective, was either an “ordinary application of copyright’s limiting doctrines,” or “wholly inconsistent with the substantial protection Congress gave to computer code.” Although the Court went to great lengths to cabin its holding to the very narrow type of code at issue, the decision is sure to feature prominently in fair use analyses in copyright infringement cases in the years to come.

To read the full article, please click here.

Related Capabilities

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: US Supreme Court Holds that Copying "Declaring Code" Is Fair Use

On April 5, 2021, the US Supreme Court decided the long-running and closely-watched case of Google v. Oracle, holding that it was a fair use for Google to copy the “declaring code” from the application program interface (API) of Oracle’s Java SE platform when implementing Java for Google’s Android operating system. The Court sidestepped the question of whether Oracle’s copyright protected such code at all, instead assuming that it did. The Court then conducted a fair use analysis that, depending on one’s perspective, was either an “ordinary application of copyright’s limiting doctrines,” or “wholly inconsistent with the substantial protection Congress gave to computer code.” Although the Court went to great lengths to cabin its holding to the very narrow type of code at issue, the decision is sure to feature prominently in fair use analyses in copyright infringement cases in the years to come.

To read the full article, please click here.

Related Capabilities

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

Event

Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

Event

Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026

Recognition

Jenner & Block Rises in American Lawyer Rankings for Summer Associate Experience

Jenner & Block ranked 14th nationally in The American Lawyer’s 2026 Summer Associate Satisfaction Survey, jumping 10 spots from last year. The annual survey measures summer associate satisfaction at US law firms based on ratings provided directly by summer associates across key firm qualities.

October 2, 2026

Publications

Partner Ashley Callen Discusses Potential Congressional Investigations in Reuters

Partner Ashley Callen was quoted in a Reuters article examining how Democrats could ramp up congressional investigations into Trump family business dealings if they win control of the House or Senate in the 2026 midterm elections this November.

September 30, 2026

Event

Associate Steven Arango Addresses North Korean IT Worker Threat in Talks to Business Executives for National Security Members in Texas

On September 29 and 30, Associate Steven Arango led luncheon discussions titled "North Korea's IT Worker Threat: Corporate Risk and Response" for Business Executives for National Security (BENS) members in Dallas and Austin, Texas, speaking to an audience of CEOs, CISOs, and other senior leaders from the national security, finance, and healthcare sectors.

September 2026