Right, but the problem for Google is that Judge Alsop ruled as a matter of Law that API is not copyrightable. So that mooted the defense for Google's actions un

Right, but the problem for Google is that Judge Alsop ruled as a matter of Law that API is not copyrightable. So that mooted the defense for Google's actions under fair use. This seems like a major ruling. Now Google is going to have to go back to trial with a fair use defense as the outcome of that portion of the original trial did not provide enough factual basis for the appellate court to rule.