As far as the copyrightability of Oracle’s Java API declaring code is concerned, I would go even further: it’s practically inconceivable that the district court’s non-copyrightability holding will be upheld considering that the circuit judges made perfectly clear that District Judge Alsup confused “fair use” and copyrightability issues and that Google’s whole non-copyrightability theory, which Judge Alsup adopted in its entirety, rests on a complete misreading of two key cases (Sega and Sony).
What does it even mean to “hijack APIs”? I can’t remember a single case of a large company crushing a small developer solely by copying their innovative API. You don’t lure users away from a platform just by offering the same API. You get users for your API by offering a superior platform.
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