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The whole point of that case begins with the admission "yes of course Google copied." They copied the API. The argument was that copying an API to enable interoperability was fair use. It went to the Supreme Court because no law explicitly said that was fair use and no previous case had settled the point definitively. And the reason Google could be confident they copied only the API is because they made sure the humans who did it understood both the difference and the importance of the difference between API and implementation. I don't think there is a credible argument that any AI existing today can make such a distinction.


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