> Alito's not unreasonable to suggest that a Supreme Court ruling in Google's favor might raise difficult questions about how copyright law applies to software in general.

That's true, and while I have a very clear way I would like the Court to handle that personally, it's probably a good reason for the Court to look for an excuse to punt hard on copyrightability if it is open to them (and the procedural issue on fair use seems to offer that opportunity) and let the Circuit Courts (and I don't mean the Federal Circuit dubiously interpreting some regional circuit’s law) develop this issue more before resolving it at the Supreme Court level.