In Oracle International, Corp. v. Rimini Street, Inc., the US Court of Appeals for the Ninth Circuit held that a computer program’s interoperability with copyrighted software is not sufficient to conclude that the program is a derivative work. The program must incorporate literal or nonliteral elements of the protected software to be a derivative work. The court also clarified the relevant inquiry for assessing whether a software licensee owns its copy of the licensed computer program such that the licensee may copy the program for certain purposes.
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Program's Interoperability With Copyrighted Software Insufficient Basis for Derivative Work Finding: Ninth Circuit
