Of course fair use is moot if API cannot be copyrighted in the first place. But the court seems to say that this case would be fair use even if API is copyrighted.
"We shall assume, but purely for argument’s sake, that the entire Sun Java API falls within the definition of that which can be copy-righted. We shall ask instead whether Google’s use of part of that API was a “fair use.” Unlike the Federal Circuit, we conclude that it was"
"We shall assume, but purely for argument’s sake, that the entire Sun Java API falls within the definition of that which can be copy-righted. We shall ask instead whether Google’s use of part of that API was a “fair use.” Unlike the Federal Circuit, we conclude that it was"