1

First link is to Scotusblog’s analysis of oral arguments, second link to the Scotusblog record and third link is to the transcript of oral arguments.

Issues : (1) Whether copyright protection extends to a software interface; and (2) whether, as the jury found, the petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.

I am not going to try to second guess the Supreme Court on what might be the most important case of the term. Whichever way they go, it will have a tremendous impact on the tech sector.

The only thing I am reasonably assured of is that we have a long wait before this case comes down, probably no earlier than March.

2

As there is no reference to this in the Constitution there’s no way they should weigh in at all. Thunderdome rules.