I think they did use that explanation at the Appeals Court, which was actually the one that didn't buy it and overturned Alsup's ruling: https://www.techdirt.c

I think they did use that explanation at the Appeals Court, which was actually the one that didn't buy it and overturned Alsup's ruling: https://www.techdirt.com/articles/20140509/10133727178/appeals-court-doesnt-understand-difference-between-software-api-declares-apis-copyrightable.shtml https://www.techdirt.com/articles/20140509/10133727178/appea... Mike's opinion today: https://www.techdirt.com/articles/20150526/16550931121/obama-administration-files-totally-clueless-argument-concerning-software-copyrights-supreme-court-case.shtml https://www.techdirt.com/articles/20150526/16550931121/obama...