[GHFigs]

You are mistaken.

It is saying that copyright applies to a user interface insofar as elements of it are subject to copyright on their own, but that "a user interface" is not itself expression, not itself subject to copyright. If you copied every last detail of my interface except the icons or other elements subject to copyright, I would have no valid claim that you infringed on my copyright.

(NB:I am not saying this is bad or wrong at all. Only that it is so, and that it's relevant.)

The trouble that stems from this is that what we call a "user interface" is not exclusively or even mostly elements subject to copyright, but consists of methods and behaviors that are often the product of much ingenuity and innovation. This is why various parties have sought patents for aspects of the interfaces they develop--because those things aren't subject to copyright.

[falien]

I disagree with your interpretation. The collection of expressive elements such as icons seems copyrightable in aggregate as much as any of the individual elements. What that decision says is not copyrightable is an organization of data (including choice of words that would struggle to qualify as expressive). If they had allowed the copyright on that then things like logical taxonomies would also be copyrightable. User interfaces not built with a platform's standard interface elements are more akin to works of art and can be expressive and assuming it was copyrightable then determining if a clone was infringing would depend on if it was a true clone or if there was some transformative change.

I'm not sure what is accepted case law, but the cited case seems much narrower to me than you are implying.