I found this section (pp. 33-34) particularly interesting:
...enforcement of the Sun Java API copyright might give Oracle a significant share of these funds. It is important, however, to consider why and how Oracle might have become entitled to this money. When a new interface, like an API or a spreadsheet program, first comes on the market, it may attract new users because of its expressive qualities, such as a better visual screen or because of its superior functionality. As time passes, however, it may be valuable for a different reason, namely, because users, including programmers, are just used to it. They have already learned how to work with it. [...]
This source of Android’s profitability has much to do with third parties’ (say, programmers’) investment in Sun Java programs. It has correspondingly less to do with Sun’s investment in creating the Sun Java API. We have no reason to believe that the Copyright Act seeks to protect third parties’ investment in learning how to operate a created work. [...]
Finally, given programmers’ investment in learning the Sun Java API, to allow enforcement of Oracle’s copyright here would risk harm to the public.
If one were to apply the above logic to anti-trust instead of copyright fair use, one might wonder if the Court could find harm to the public in certain behaviors of e.g. a monopoly email provider or monopoly social networking site.
(A big argument against anti-trust enforcement against Google and others is that the Sherman Act is designed to protect consumers, not competitors.)
...enforcement of the Sun Java API copyright might give Oracle a significant share of these funds. It is important, however, to consider why and how Oracle might have become entitled to this money. When a new interface, like an API or a spreadsheet program, first comes on the market, it may attract new users because of its expressive qualities, such as a better visual screen or because of its superior functionality. As time passes, however, it may be valuable for a different reason, namely, because users, including programmers, are just used to it. They have already learned how to work with it. [...]
This source of Android’s profitability has much to do with third parties’ (say, programmers’) investment in Sun Java programs. It has correspondingly less to do with Sun’s investment in creating the Sun Java API. We have no reason to believe that the Copyright Act seeks to protect third parties’ investment in learning how to operate a created work. [...]
Finally, given programmers’ investment in learning the Sun Java API, to allow enforcement of Oracle’s copyright here would risk harm to the public.
If one were to apply the above logic to anti-trust instead of copyright fair use, one might wonder if the Court could find harm to the public in certain behaviors of e.g. a monopoly email provider or monopoly social networking site.
(A big argument against anti-trust enforcement against Google and others is that the Sherman Act is designed to protect consumers, not competitors.)