>What's worse for Google is that code has always been considered copyrightable so arguing that APIs are non-copyrightable is essentially carving out an exception for a specific type of code.

Congress would have made that exemption when they made the law in the first place.

>A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

This is an important fact people keep forgetting. Asking the Court to bluntly create legislation is never ever going to happen.