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It would be dumb to declare true the opponent’s case in the argument, wouldn’t it?


No, it is a sidestep. Even if the code is copyrightable, it doesn't matter. The majority decided it was better to make a case for fair use than for the uncopyrightability of APIs. That's all.


My understanding is that the original problem was that there is nothing in law that makes a difference between actual implementation code and API. Otherwise it would have been a trivial case.

And even in this, they rather go with the easier fair use claim that is case-by-case.




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