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Wait, what do you mean Google couldn't get that argument to fly? Google won the case. Are you referring to the fact that the SCOTUS didn't directly address the

Wait, what do you mean Google couldn't get that argument to fly? Google won the case. Are you referring to the fact that the SCOTUS didn't directly address the copyrightability of APIs and instead ruled in favor of Google on the basis that Google's use was fair use *even if* APIs are copyrightable? https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....

jcranmer 4y ago
Yes. Google's argument that software APIs weren't copyrightable because of the idea-expression divide didn't find purchase. It won the case on other (fair use grounds). Indeed, if you read the opinion closely, there are a few places where it looks like there used to be a section in the opinion on software API copyrightability (given Breyer was the author, noncopyrightability is probably more apt) that was ripped out in later drafts, presumably because there wasn't the votes for it.