Actually, I find this a bit underpowered. The whole idea is that the invention (in this case the API design or QWERTY in your example) is so powerful that it be

Actually, I find this a bit underpowered. The whole idea is that the invention (in this case the API design or QWERTY in your example) is so powerful that it becomes a 'utility' - so Java's implementation was so powerful it really should have been 'patented' not copyrighted. Then after 20 years, you can take the true 'utility' of the API design from Java to the commons. And yes, if ease of use will be a differentiator why people like Apple (whether it's right or wrong), then so is the ability to learn is an attribute to be protected from theft. I say all this seeing exactly where Swift is heading, and probably why Apple created the language that will run their unified APIs... because there's no other way to join except through their Swift gates.