Functionality's Role In Oracle Copyright Ruling Isn't So Novel

Law360 (May 7, 2021, 4:32 PM EDT) -- Fair use has been called copyright law's "dangerous supplement," the "ill-defined and unpredictable point of flexibility," that "makes the rest of our copyright law possible — and bearable."[1] 

On one hand, the defense of fair use allows copyright to exist, providing enough give in the law so that it may comply with the U.S. Constitution, but, on the other hand, if interpreted too broadly, the fair use defense has the potential to swallow copyright law whole.[2] 

The fair use copyright defense has common law equitable roots but is now codified into four primary factors that courts are instructed to balance.[3]...

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