Oracle v. Google: We’re not screwed yet
I think the Solicitor General's critique reflects the incorrect understanding of a non-programmer. An API is certainly written in code, but it's being used in a different way than the (indisputably copyrightable) use of code in an implementation. As Mike Godwin of the R Street Institute observes, asserting the first use of code is not copyrightable and the second is, is no more dangerous than asserting a threat to the copyrightability of prose by treating a recipe differently from the description of the actual preparation of a meal made according to the recipe.
