Ninth Circuit Rejects License and Copyright Misuse Defenses

A new case from the Ninth Circuit illustrates that policy arguments cannot overcome the express language of a copyright license, and the difficult in asserting a copyright misuse defense. In Oracle USA, Inc., et al. v. Rimini Street, Inc., et al., 2018 WL 315568, F.3d (9th Cir. Jan. 8, 2018), the Ninth Circuit panel affirmed in part, reversed in part, and vacated in part the district court’s judgment after a jury trial in favor of Oracle USA, Inc., on its copyright infringement and state law claims against Rimini Street, Inc. and its CEO, Seth Ravin. Id.at *3. The opinion addressed issues of copyright infringement, violations, state law claims (California’s Computer Fraud and Abuse Act; the Nevada counter-part, the Nevada Computer Crimes Law; and California’s Unfair Competition Law), damages, interest, fees and costs, and injunctive relief.