In his majority opinion in Google v. Oracle, Justice Breyer synthesized material from multiple amicus briefs to buffer the Court’s main argument: “Amici supporting Google have summarized these same points—points that witnesses explained to the jury. See, e.g., Brief for Copyright Scholars as Amici Curiae 25 (“[T]he portions of Java SE that Google reimplemented may have helped preserve consistency of use within the larger Java developer community”); Brief for Microsoft Corporation as Amicus Curiae 22 (“[A]llowing reasonable fair use of functional code enables innovation that creates new opportunities for the whole market to grow”); Brief for 83 Computer Scientists as Amici Curiae 20 (“Reimplementing interfaces fueled widespread adoption of popular programming languages” (emphasis deleted)); Brief for R Street Institute et al. as Amici Curiae 15–20 (describing Oracle’s reimplementation of other APIs); see also Brief for American Antitrust Institute as Amicus Curiae 7 (“Copyright on largely functional elements of software that [have] become an industry standard gives a copyright holder anti-competitive power”).”
