Hillicon Valley: Supreme Court sides with Google in copyright fight against Oracle | Justices dismiss suit over Trump’s blocking of critics on Twitter | Tim Cook hopes Parler will return to Apple Store
Welcome to Hillicon Valley, The Hill’s newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley. If you haven’t already, be sure to sign up for our newsletter by clicking HERE.
Welcome! Follow our cyber reporter, Maggie Miller (@magmill95), and tech team, Chris Mills Rodrigo (@chrisismills) and Rebecca Klar (@rebeccaklar_), for more coverage.
The Supreme Court on Monday sided with Google against Oracle in a copyright fight, while vacating a previous ruling involving former President’s Trump use of Twitter. Meanwhile, Apple CEO Tim Cook said he hoped Parler would eventually return to the App Store, and a national labor board concluded that Amazon had illegally retaliated against two workers by firing them for speaking out against company policies.
A DECISION DECADES IN THE MAKING: The Supreme Court on Monday sided with Google in the company’s high-stakes intellectual property fight with Oracle, finding that the search giant’s copying of certain Java lines to develop its Android platform constituted fair use.
In a 6-2 ruling, the justices found that Google’s use of roughly 11,500 lines of code was lawful since the amount was relatively minuscule and because Google programmers used the language as virtual building blocks to develop new and transformative applications.
The court concluded that Oracle cannot claim copyright over these application programming interfaces (APIs), which let different applications communicate.
The battle between Google and Oracle over the use of the code in Android devices has been ongoing for more than a decade.
DISMISSED: On Monday the Supreme Court also vacated a ruling that found that former President Trump violated the First Amendment by blocking his critics on Twitter, with the justices dismissing the case as moot.
The court’s move came in an unsigned order. But Justice Clarence Thomas, the court’s most conservative member, wrote separately to voice concern that Trump’s removal from Twitter reflected a degree of power in the hands of tech platforms that the court would soon need to address.
The lawsuit arose in 2017 after Trump’s social media account blocked seven people who had tweeted criticism of the president in comment threads linked to his @realDonaldTrump Twitter handle, which has since been banned on the platform.
A LUKEWARM WELCOME: Tim Cook said he hopes the right-wing social media site Parler will eventually return to Apple’s App Store.
“I’m hoping that they put in the moderation that’s required to be on the store and come back, because I think having more social networks out there is better than having less,” the Silicon Valley giant’s chief executive said during an episode of The New York Times’s “Sway” podcast published Monday.
Parler, which has pitched itself as a free speech alternative platform to Facebook and Twitter, was removed from both Apple’s and Google’s app stores shortly after the violent insurrection at the Capitol in January.
Read more about Cook’s comments.
AMAZON UNDER FIRE: Amazon illegally retaliated against two of its workers when it fired them after they publicly criticized the company’s climate policies and supported workers protesting warehouse conditions, the National Labor Relations Board (NLRB) found.
The NLRB found the allegations in the case had merit, and a regional director will issue a complaint if the case does not settle, according to the board.
The board’s determination about the firing of Emily Cunningham and Maren Costa was first reported by The New York Times.
A spokesperson for Amazon denied the allegations that the employees were fired for speaking out.
“We support every employee’s right to criticize their employer’s working conditions, but that does not come with blanket immunity against our internal policies, all of which are lawful,” the Amazon spokesperson said in a statement. “We terminated these employees not for talking publicly about working conditions, safety or sustainability but, rather, for repeatedly violating internal policies.
The case is one of many allegations of unfair labor practices Amazon is facing, and the NLRB is in the process of counting up ballots in the unionization vote at Amazon’s warehouse in Bessemer, Ala. If successful, the effort would create the first Amazon union in the U.S.
DEMOCRATS QUESTION INSTAGRAM FOR KIDS: Democrats told Facebook on Monday they have concerns about the platform’s plans for an Instagram for children over the company’s “past failures” to protect kids on platforms aimed at youth users.
“Facebook has a record of failing to protect children’s privacy and safety, casting serious doubt on its ability to do so on a version of Instagram that is marketed to children,” Sen. Ed Markey (D-Mass.), Sen. Richard Blumenthal (D-Conn.), Rep. Kathy Castor (D-Fla.) and Rep. Lori Trahan (D-Mass.) wrote in a letter to Facebook CEO Mark Zuckerberg.
The Democrats pressed Facebook over concerns about children’s safety in regards to health, well being and data privacy.
Instagram requires users to be at least 13 years old to make an account, but Facebook has acknowledged that young users sometimes lie about their date of birth in creating an account.
“If we can encourage kids to use an experience that is age-appropriate and managed by parents, we think that’s far better than kids using apps that weren’t designed for them,” Stephanie Otway, a Facebook spokesperson, said in response to the letter.
But the Democrats said that if Facebook’s goal is to decrease the number of users under the age of 13 on Instagram, the proposal for an alternative “may do more harm than good.”
NETFLIX (NOT) ON TOP: Netflix saw its dominance of the U.S. streaming market slip during 2020 as new competitors emerged and the coronavirus pandemic forced many Americans to remain in their homes.
According to Ampere Analysis data shared with TheWrap, Netflix’s share of the U.S. streaming market fell from 29 percent at the start of 2020 to 20 percent, a drop of 31 percent.
Netflix reportedly still had the most U.S. subscribers of any streaming service — about 67 million — as of January.
Amazon Prime also saw a drop in U.S. market share, the news outlet noted. The company previously controlled 21 percent of the streaming market and is now down to 16 percent, a drop of 24 percent, according to an analysis. About 54 million Prime users use the video app in the U.S., TheWrap reported.
Lighter click: That’s awkward
An op-ed to chew on: The information superhighway must be accessible and affordable for all
NOTABLE LINKS FROM AROUND THE WEB:
In a Pennsylvania town, a Facebook group fills the local news void (NBC News / Brandy Zadrozny)
Facebook Leaked the Data of 533 Million Users and Didn’t Tell Anyone (Motherboard / Karl Bode)
Amazon’s clash with labor: Days of conflict and control (The New York Times / David Streitfeld)
Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
