It's unclear, since this case is basically making all software illegal in retrospect. Browsers freely implement each others' APIs; SQL servers all use the same

It's unclear, since this case is basically making all software illegal in retrospect. Browsers freely implement each others' APIs; SQL servers all use the same API developed by a myriad of entities; the Unix API has been copied over and over and it's impossible to determine ownership. This was a really, really, really bad decision, and it will get worse if Google loses the fair use case. If you thought software patents were bad, you ain't seen nothing yet.