It's important (and sometimes difficult for us technically oriented types) to recognize that the law isn't necessarily (despite what Scalia would have us all be

It's important (and sometimes difficult for us technically oriented types) to recognize that the law isn't necessarily (despite what Scalia would have us all believe) a slavish dedication to the precise words, and that the broader context and purpose of the law is taken into account when making judgements. Just because a particular reading of copyright law might suggest that APIs could be copyrighted, doesn't mean that in the presence of a greater good ("...To promote the progress of science and useful arts..") the court might just decide that allowing the copyright of APIs would be incorrect.