[hexagonc]

Maybe I'm thinking about this incorrectly but Google's use of the Java APIs seem to me to be the quintessential case of fair-use for interoperability. It's not like Android is shipped with a JDK and is constantly exercising the Java API internally on Android; they are only used so that I can write a Java algorithm on my desktop and use the source code to generate Dalvik bytecode that does something roughly similar to what the Java bytecode would do. The Java APIs are just a means to an end. The surface area of the copyright infringement is limited to the desktop Android build tools which convert Java sourcecode and some bytecode into Dalvik, i.e., interoperability. Now, that is only one-way interoperability so maybe that is enough to sway the matter away from fair-use.