U.S. Supreme Court to Decide Whether a Software Interface is Protected under Copyright Law

In a case that pertains to technology originally developed in the 1990s, the United States Supreme Court has granted certiorari in Google LLC v. Oracle America, Inc. The dispute between these two technology giants focuses on application programming interfaces (API) that Oracle developed through its predecessor, Sun Microsystems, Inc. At issue for the technology industry is whether an API is copyrightable and, therefore, protected.

The API is critical to most technology companies, especially those with complex and multi-layered tech stacks, because it allows the company to integrate and communicate with other software developers. By way of example and at issue in the case, the Android operating system uses the API originally created by Oracle to allow third-party developers to integrate into the operating system. Although most consumers will not understand how the API works, the use of third-party applications in the Google owned Android operating system is made possible through the API. As a result of its importance in modern commerce, many technology companies protect the structure, sequence, and organization of the API, even if they share how to connect to it.

Regardless of the decision by the Supreme Court on whether the API is protectable under copyright law, the ramifications will be significant. In fact, most of the prominent global technology companies have filed briefs in this case to voice their opinion on the matter. When the Supreme Court decides the case in 2020, every company that interfaces and integrates into the software of another company will need to re-evaluate their intellectual property protection strategies.

VW Contributor: Alex Rainville
© 2019 Vandenack Weaver LLC
For more information, Contact Us

 

Technology Vendor Due Diligence; Protecting your Brand

Most companies in the modern economy utilize technology to compete in an increasingly competitive marketplace. In order to utilize third-party technology, a business has to obtain a license from the technology vendor or reseller, otherwise risk intellectual property infringement. Even when using open-source software, the use is subject to licensing restrictions and other limitations. While getting the licensing correct is critical to ensuring your business obtains the most value from the technology, an often over-looked element of procuring technology is the due diligence phase.

Technology due diligence is similar to diligence performed on any vendor, such as ensuring the technology will fit your needs and obtaining favorable pricing, but the due diligence should be far more extensive in the modern technological world. By way of example, in the healthcare industry, over 25 million health records have been breached to date in 2019, many of which as a result of a third party technology provider failing to protect the health information. This means that businesses, especially those in a regulated industry where the technology vendor has access to personal information, need to perform additional diligence on third-party technology providers.

The additional diligence should focus on what the vendor is doing with the data and personal information, ensure that the vendor has protections and controls that meet the various, and often overlapping, state, federal, and international data protection rules, and ensure that their technical protections meet industry standards. Although this will likely require obtaining additional expertise from outside your organization, taking these additional steps during the diligence phase will protect your brand from a potential disruptive data breach at a vendor that results in your business being harmed.

 

VW Contributor: Alex Rainville
© 2019 Vandenack Weaver LLC
For more information, Contact Us