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
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.
Source and context
Original text
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
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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More from this case
Read the full caseOracle criticizes Google's copying and the ruling's competition effects
Oracle
“They stole Java and spent a decade litigating as only a monopolist can.”Read statement
Clarence Thomas rejects the majority's fair-use analysis
“Google’s use of that copyrighted code was anything but fair.”Read statement
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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