I'm sorry if my argument was unclear, but I was attempting to say my best guess is that fair use in this case is untenable regardless of the interoperability ar

I'm sorry if my argument was unclear, but I was attempting to say my best guess is that fair use in this case is untenable regardless of the interoperability argument, and thus also in cases where interoperability was more strongly attempted. Of course, there would be many individual factors involved in any other court case, and it's not like a jury in the Android case could set a precedent one way or another (although an appeal could), but even so.