"All Our APIs Are Belong To Us"

Not surprising that Microsoft is worried that if APIs can be copyrighted, their own product oxen might be gored.  The problem is, they sort of want it both ways, so are pushing for a very squishy, fuzzy-line protection that they can sic their lawyers on if they want to, but can also easily protect if they themselves are called out for infringement.

'Microsoft focuses on Oracle's argument that copyright supports "non-literal" elements of software. In other words, Google can be found a copyist—even if there's no actual copying of code. The "structure, sequence, and organization" (or SSO) of software "can, in some instances, be protected by the copyright in the work." Copyright violations can be found in a software case "even when the defendant did not copy the underlying developers' code," Microsoft insists, because the defendant has copied "some other, non-literal element of the software."

Overall, the Microsoft brief is a plea for the survival of a copyright doctrine that is quite vague. Microsoft wants "some" protection for software structures. Not for every program, but for "some" programs. "To be clear, amici do not suggest that those [structure] elements of every computer program are copyrightable, or that copyright in Oracle's Java platform would prevent second-comers from using the platform to foster further software development or create competing products," write Microsoft lawyers. Other defenses, like fair use, must be considered. "But the promise of some threshold copyright protection… is a critically important driver of research and investment… and rescinding that promise would have sweeping and harmful effects throughout the software industry."'

It's good to have huge legal pockets and fuzzy restrictions.