Re: Multiple points
"The first 2 are much the same to the lay-person. In the previous trial the judge had some computer knowledge and ruled, quite reasonably, that blocking API re-use is against the whole of software inter-compatibility and so not the intended outcome. The currently finished trial said no, APIs are under copyright by the legal definition of this, so the trial was on point 2, and it ruled re-implementation is "fair use"."
Maybe I'm confused here, but you can use APIs you have a licence to, you can reimplement them in a clean room if you want, but you cannot just copy them word for word. Much the same as I can republish a newspaper article with their permission, write another article based on their news, but not copy their article word for word.
Maybe I've missed something.