No. 14-410
I
N
T
HE
Supreme Court of the United States
G
OOGLE
I
NC
.,
Petitioner
,
v. O
RACLE
A
MERICA
,
I
NC
.,
Respondent.
________________
O
N
P
ETITION FOR A
W
RIT OF
C
ERTIORARI TO
THE
U
NITED
S
TATES
C
OURT OF
A
PPEALS
FOR THE
F
EDERAL
C
IRCUIT
_________________________________________________
BRIEF IN OPPOSITION
________________________________________________
D
ORIAN
E.
D
ALEY
D
EBORAH
K.
M
ILLER
O
RACLE
A
MERICA
,
I
NC
. 500 Oracle Parkway Redwood Shores, CA 94065 D
ALE
M.
C
ENDALI
K
IRKLAND
&
E
LLIS
LLP 601 Lexington Avenue New York, NY 10022 E.
J
OSHUA
R
OSENKRANZ
Counsel of Record
M
ARK
S.
D
AVIES
A
NNETTE
L.
H
URST
O
RRICK
,
H
ERRINGTON
&
S
UTCLIFFE
LLP 51 West 52nd Street New York, NY 10019 (212) 506-5000 jrosenkranz@orrick.com
Counsel for Respondent
i
QUESTION PRESENTED
The Copyright Act protects “original works of au-thorship,” including “literary works,” 17 U.S.C. § 102(a), which Congress defined as “works … ex-pressed in words, numbers, or other verbal or nu-merical symbols or indicia,”
id.
§ 101. “Computer program[s],” also defined by the Copyright Act, are literary works.
Id.
Google copied at least 7000 lines of original computer source code that Oracle wrote, and included the copied code in its own software platform, even though Google could have written its own code (rather than copying Oracle’s) to perform the same functions. The question presented is: Does the Copyright Act protect Oracle’s comput-er source code that Google copied, where Google con-cedes that the code was original and creative, and Oracle could have written its code in any number of ways to perform the same function?
ii
CORPORATE DISCLOSURE STATEMENT
Respondent in this Court, plaintiff-appellant be-low, is Oracle America, Inc. Oracle America, Inc. is not publicly traded. It is a subsidiary of Oracle Cor-poration (NYSE: ORCL), a publicly traded company. No other publicly held company owns 10% or more of its stock.