Transcending Beyond The Traditional Application Of Fair Use Doctrine, In The Advent Of Software Technological Boom: With Specific Focus On The Landmark Ruling Of Google V. Oracle
Sanskruti Harode and Gowri Krishna, Symbiosis Law School, Pune
INTRODUCTION
Copyright law over the years, has developed, transformed and expanded its scope, to serve impetus for developing artistic work. The same has been extended over, since the advent of technology, specifically towards computer programs and AI related technology.1 While conventional copyright law is largely protection driven, the caution attached to computer technology is more glaring due to the fear of overprotecting software, after it becomes standard.2 At such juncture, the relevance of doctrine of fair use stands out. Traditionally, the Doctrine of Fair use, forwards that the general public have certain rights reserved in portion of the copyrighted material to provide criticism or make commentary on, to be limited and transformative in its purpose3. However, through two landmark judgments given in the American courts4, scope for delving into novel application of this doctrine in defending infringement of computer software material, which were both largely impacted by the ratio given by an earlier judgment in the Sony case.5 These cases furthered the debate on where to strike the balance between the protection of the rights of copyright holders of computer programs and limited fair use benefit that can be drawn by their competitors.6 Under such context, this paper seeks to decipher these judgments and further enhance the understanding of the fair use doctrine with respect to computer software, focusing on its interpretation and application in the recent judgement of Google v. Oracle.
