컴퓨터 프로그램의 저작물성과 공정이용 법리 —Google v. Oracle 사건을 중심으로—

The Oracle v. Google case has set a precedent for copyright law, particularly in the realm of fair use. As AI technology continues to evolve, concerns about copyright protection in program development are growing. This case has raised crucial questions about the copyrightablity of computer programs, especially in the context of programming languages, standard software organizations (SSOs), and the increasing standardization of development. The case centered on Google's use of Java APIs in its Android operating system. The Java platform comprises language structure, implementing code, and declaring code. The dispute focused on the declaring code, which serves as an interface for calling pre-defined implementing code. While lower courts reached different conclusions, the Supreme Court ultimately ruled in favor of fair use, citing the public benefit of widespread developer use of the Java system to drive innovation. Regarding the copyrightability of the declaration code and SSO, Korean copyright law excludes program rules and solutions from protection, making the Java API's structure non-copyrightable. However, declaration codes, being based on human language, are generally protected unless the terms used are too limited to distinguish between idea and expression. In terms of fair use, Google used 11,500 lines of declaration code as-is. However, Google’s use of the work could be considered transformative, as it contributed to the development of creative mobile applications. The original work is functional, satisfying the second fair use factor, and the quantitative substantiality of the copyrighted work is minor, as only 0.4% was used. Therefore, the first, second, and third factors of fair use are met. However, with respect to the fourth factor, Google's use of Oracle's work has deprived Oracle of the opportunity to generate revenue in line with the demand for the development and use of software that is expanding from the PC market to the mobile market, thereby diminishing its potential value. Although there are public interest considerations, they are not sufficient to fully justify fair use. Therefore, Google's use of 11,500 lines undermines the current or future value and market impact of the work and therefore fair use cannot be applied. Google's use of the Java API contributed to the creation of a mobile ecosystem. Therefore, damages awarded in the copyright infringement proceeding should be adjusted to take into account transformative use and public interest factors.