Re:Google’s copying of the Java SE API was fair use [pdf]
by moron4hire on Monday April 05, 2021 @01:57PM
(#26702262)
Fair enough. I had taken that to mean they were assuming a given to then prove the negative.
This is NOT what the Court found. At the very top of the Opinion, it says "we assume, for argument’s sake, that the material was copyrightable. But we hold that the copying here at issue nonetheless constituted a fair use."