Is Fair Use Threatening to Swallow Computer Copyright Protection?

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This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure that Astronics' products could work compatibly with Teradyne's instruments, which are used by the military to test electronics in aircraft and missiles. Applying the Google v. Oracle decision, both the district court and the Ninth Circuit concluded that Astronics had only lifted 7,000 lines of code needed to ensure its programs could work interchangeably with Teradyne's instruments.

This case continues a trend in the law where companies are thwarted in their attempt to block their competitors from selling compatible products by asserting copyright protection over source code.

Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision. Read more at: https://www.law360.com/ip/articles/2291328?nl_pk=ee0420b1-59e5-4232-87b0-42cf298bb18f&utm_source=newsletter&utm_medium=email&utm_campaign=ip&utm_content=2025-02-03&read_main=1&nlsidx=0&nlaidx=1&detected=1?copied=1

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