I disagree with that analysis. The Judge asked the jury to decide fair use assuming API copyrightability because he had them at hand, and it was an opportunity

I disagree with that analysis. The Judge asked the jury to decide fair use assuming API copyrightability because he had them at hand, and it was an opportunity to make his eventual ruling more appeal-proof. Finding APIs copyrightable rather than purely functional would create new barriers to interoperability, which would be a little more important than having part of a jury's verdict moot.