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US Solicitor General Elizabeth Prelogar said that the US Supreme Court should not review a 2nd U.S. Circuit Court of Appeals ruling in favor of Alphabet's Google LLC against song-lyric website Genius over alleged copying of lyric transcriptions.
According to the appeals court, Genius' case was preempted by federal copyright law.
Genius sued Google in New York state court in 2019 for allegedly posting its lyric transcriptions in its Google search results without permission.
While Genius does not own copyrights in the lyrics, which usually belonged to the artists or publishers. It accused Google of violating its terms of service by stealing its work and reposting it on its web pages.
But the 2nd Circuit upheld a Manhattan federal court's decision that Genius' breach-of-contract claims could only be pursued in a copyright lawsuit.
Genius argued that Google's victory would open the floodgates of big tech companies stealing content from sites that aggregate user-created information including Reddit, eBay, and Wikipedia without repercussions.
Google said it holds licenses to the lyrics and argued that Genius wants to "ignore the true copyright owners and invent new rights through a purported contract."
Prelogar on Tuesday criticized the 2nd Circuit's suggestion that copyright law "categorically" bars contract claims that are based on a "promise not to copy" creative works.
But the solicitor general recommended declining the petition because it was not clear Genius could prove it had a valid contract with Google.
