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Quinn Emanuel Partner Marc Greenwald and Of Counsel Vicki Parker Published in ALM: Oracle v. Rimini Street Case Analysis
March 10, 2025
Firm Memoranda
Sign Up for Publications In an article published by ALM | Law.com, Quinn Emanuel's Marc Greenwald and Vicki Parker provide in-depth analysis of the recent Ninth Circuit ruling in Oracle v. Rimini Street – a decision with significant implications for software companies.
After 15 years of complex litigation, this fascinating case has yielded three doctrinal developments worthy of close examination:
- Rejected the conventional "interoperability" test for derivative works – establishing a more rigorous "substantial incorporation" standard that fundamentally alters copyright infringement analysis
- Articulated a sophisticated multi-factor framework for determining when customers "own" versus merely "license" software copies – a distinction with profound implications for Section 117(a) defenses
- Significantly expanded the protective scope for comparative marketing claims as non-actionable "puffery" – potentially revolutionizing advertising practices under the Lanham Act
This nuanced ruling offers unprecedented opportunities for third-party software providers while necessitating careful reconsideration of licensing strategies for copyright holders. The authors' meticulous analysis is essential reading for practitioners in this rapidly evolving domain.