From Harvard Law Review:

In reaching this conclusion, the Court took a newly expansive view of transformativeness in the fair use analysis, recognizing the significance of Google’s “reimplementation” of the Java API in a new context and the value of the third-party creativity the Android platform enabled. [8]

[8] Id. at 1203. “Reimplementation” was defined as the “‘building of a system . . . that repurposes the same words and syntaxes’ of an existing system.” Id. (quoting Brief of the R Street Institute et al. as Amici Curiae in Support of Petitioner at 2, Google, 141 S. Ct. 1183 (No. 18-956)).

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