Clarence Thomas rejects the majority's fair-use analysis
Clarence ThomasAssociate justice writing a dissent, joined by Justice Alito
Thomas, joined by Alito, argues that the code is copyrightable and that Google's copying was not fair use.
“Google’s use of that copyrighted code was anything but fair.”
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 dissent criticizes the majority for assuming copyrightability while conducting its fair-use analysis.
After the quotation
Thomas concludes that three of the four statutory fair-use factors weigh against Google.
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. Thomas expressly rejects the justification and argues that the copying harmed the rights holder's market.
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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
Stephen Breyer's majority holds Google's copying was fair use
“Google’s copying did not violate the copyright law.”Read statement
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The Dispute Index. "Clarence Thomas rejects the majority's fair-use analysis". First published: 2026-10-26. Last updated: 2026-10-26. https://disputeindex.com/events/6882-thomas-joined-by-alito-argues-that-the-code