December 8, 2014
Today the Software Freedom Law Center (SFLC )and the Free Software Foundation filed a brief with the United States Supreme Court, which is considering whether to grant certiorari in the case of Google v. Oracle, No. 14-410, decision below 750 F.3d 1339 (Fed. Cir. 2014). SFLC and FSF take the position that the decision below is wrong, but that certiorari should not be granted for three reasons: (1) the decision of the Federal Circuit merely mispredicts what the Ninth Circuit would do if it had been the Court resolving Oracle’s appeal from the District Court’s finding that the application program interface declarations at issue are non-copyrightable; (2) the decision rests on narrow factual grounds; and (3) there is no public interest in continuing to adjudicate this dispute because Google can now and could have used all material at issue under the terms of the GNU GPL v2.