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Ninth Circuit rules in Oracle v. Rimini that Rimini violated copyright law but says automated downloads don't break California, Nevada laws, even if against ToS

Bill Donahue / Law360 :

Law360 Bill Donahue

Context & Ripple Effects

Oracle's fight with Rimini Street has been running since the vendor won a $50M damages award in 2015 over Rimini's handling of Oracle support materials. This Ninth Circuit decision settles the appeal on split terms: the copyright infringement stands, but the panel refuses to stretch California and Nevada statutes to cover downloads that breach a license's terms of service.

The ruling lands mid-arc in Oracle's broader copyright campaign — the same company that fought Google over Java APIs through the jury fair-use verdict and its aftermath — and it draws a sharper line than Oracle wanted between what copyright law punishes and what only a contract does.

First-order effects

  • Rimini's liability on the copyright claim is affirmed, locking in the damages track Oracle opened in 2015, while Oracle loses the state-law theories it hoped would widen the case beyond copying.

Second-order effects

  • Third-party enterprise-software support firms get cover to automate downloading of licensed patches and updates where their only breach is contractual — pushing vendors like Oracle to enforce restrictions through license agreements and DMCA claims rather than state computer-crime statutes.

Third-order effects

  • Together with the appellate court's later rejection of Apple's claims against Corellium's iOS simulator, the decision marks courts consistently narrowing copyright's reach to actual copying rather than contract violations — a structural boundary for how software owners police use of their products.

The trend: Courts are separating copyright infringement from terms-of-service breaches, forcing software vendors to defend their licensing models through contracts rather than state law.

Discussion

  • @bradheath Brad Heath on x
    9th Cir., in a new scraping case, says automated downloads of otherwise accessible data don't violate Calif. or Nev. laws, even if they violate a site's terms of service. pic.twitter.com/HOqGsksJyL
  • @glenntenney Glenn Tenney on x
    #NinthCircuit held today in #Oracle v. #Rimini that taking data from a #website using #ScreenScraping is #permitted, does not violate the #CDAFA or the #NCCL ... by using #automated #tools ... in direct contravention of terms of use. #copyright http://cdn.ca9.uscourts.gov/ ...