I knew someone would post this. Yes, that's technically correct, but 1) this could still go to the supreme court, 2) it's now back at the lower court for a ruli

I knew someone would post this. Yes, that's technically correct, but 1) this could still go to the supreme court, 2) it's now back at the lower court for a ruling on whether copying APIs is "fair use" with all bets on the answer being "yes". So although I wouldn't dismiss the distinction, unprotected vs. fair use make no practical difference, we can copy freely either way.