Re: Uh, not sure if I follow:
"the interface to any software system is the definition of it’s functionality and getting that right can make fthe difference between a product’s success or failure. As such, it’s often the major part of the design effort and copyright should be available should the developers need it for commercial reasons. "
No.
An interface has only protocollary, connect-to-the-world purposes. If your piece of s#!t only do that, or mostly that, then copyright shouldn't be available for it, even for commercial reasons. And yes, you have to make it right.
Sorry about the language, but needed to be clear.
Public surfaces are not subject to copyright. If a Judge says so. Well, good for him. The issue here is the presumptively hurried conduct of Google on grabbing code.