Splunk Inc. v. Cribl, Inc.

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 SPLUNK INC., 11 Plaintiff, No. C 22-07611 WHA 12 v. 13 CRIBL, INC., MEMORANDUM OPINION ON FAIR USE 14 Defendant. 15 16 INTRODUCTION 17 This memorandum opinion explains the judge’s instruction and ruling on “fair use” under 18 Section 107 of the Copyright Act, namely: 19 I instruct you that Cribl’s copying and uses of the Splunk Enterprise copyrighted software for the purpose of reverse engineering the 20 uncopyrighted S2S protocol was fair use. I further instruct you that Cribl’s copying and uses of the Splunk…