Oracle Victory Stirs Uncertainties in Software Copyright

• Companies worry unprecedented decision could lead to more litigation, fewer defenses • Software developers now looking for ways to reduce liability while hoping for rehearing

The outcome of the so-called copyright lawsuit of the decade—a protracted showdown between Oracle America Inc. and Google Inc. involving a claimed $9 billion in damages—has touched off uncertainties that could change software-writing practices.

Oracle’s court victory has cast doubts about a common legal defense—the fair use doctrine—in copyright lawsuits. Software developers are accustomed to a decades-old practice of copying others’ program lines to ensure software and devices can work together. Since the decision, ...