Stephen Breyer's majority holds Google's copying was fair use

Stephen BreyerAssociate justice writing the Supreme Court majority opinion

Breyer's majority concludes that the particular copying was fair use, with emphasis on the code's function and its use by programmers in a new computing environment.

“Google’s copying did not violate the copyright law.”

Original text

Read the original text (opens in a new tab)Google LLC v. Oracle America: Supreme Court majority and dissentNo. 18-956; majority opening and conclusion; Thomas dissent pages 1-2 and 18-19

Where this statement fits

Google v. Oracle: Breyer and Thomas split over Java API fair use

The Supreme Court held in 2021 that Google's particular copying of Java API declaring code was fair use. Justice Stephen Breyer emphasized programmers' skills and a new computing environment. Justice Clarence Thomas argued that the copying displaced Oracle's licensing market.

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Source and context

Original text

Google LLC v. Oracle America: Supreme Court majority and dissent (opens in a new tab)No. 18-956; majority opening and conclusion; Thomas dissent pages 1-2 and 18-19

About this source

The Court assumes copyrightability for purposes of its analysis and holds that the particular copying was fair use. Thomas, joined by Alito, dissents.

Archived copy (opens in a new tab)

Before the quotation

The Court assumes copyrightability rather than resolving that separate question.

After the quotation

The analysis concerns the specific copying and context before the Court.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

The reference is Google's copying of Java API declaring code for Android. The majority expressly justifies that use under copyright's fair-use doctrine.

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The Dispute Index
Title
Stephen Breyer's majority holds Google's copying was fair use
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https://disputeindex.com/events/6881-breyer-s-majority-concludes-that-the-particular-copying

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The Dispute Index. "Stephen Breyer's majority holds Google's copying was fair use". First published: 2026-10-26. Last updated: 2026-10-26. https://disputeindex.com/events/6881-breyer-s-majority-concludes-that-the-particular-copying