, Bass wrote

*snip*

Transcribing a book verbatim is copying a specific creative expression, and is not necessary to make a book that closely competes with Harry Potter. Copying APIs is copying a utilitarian feature of software, and is absolutely necessary for compatibility/integrability purposes.

The thing is, copyright only protects specific creative expressions inherent in works, not ideas, themes or factual/utilitarian features (see patents). So Oracle is making a false equivalency here. It will be interesting to see if the court buys it, but case law in the USA already is pretty much settled that APIs are not copyrightable.

And this certainly won't stick in Europe.