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

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 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

Condemned

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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The Dispute Index
Title
Clarence Thomas rejects the majority's fair-use analysis
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https://disputeindex.com/events/6882-thomas-joined-by-alito-argues-that-the-code

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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