This is getting allot of coverage over at lwn.net btw. On the issue of
APIs, if the court were to rule in the manor discussed, it would simply
be too destructive to the industry to even contemplate. Every single
thing having to do with programming would be subject to frivolous
litigation and USA would be just left in the dust (more so that is).
Evidence suggests the judge is aware of that. 

On the other hand, this is a opportunity for a court precedent to be
set in the other direction, hopefully preventing the implied threat of
such impedimenta to "above ground" software work in the USA.

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