[rayiner]

It's not my position that you can copyright APIs per se. In my view, the protection in the Oracle case is a coincidence, stemming from the fact that you can't clone a Java API in Java without effectively copying the textual description of the API. So I don't think there would be a problem with reverse-engineering the operation of IE or x86 and describing it in an independently-written specification or implementing the same method of operation in another browser or CPU or in VMWare.

You're right about UNIX, but I don't think not being able to clone UNIX would've been any great loss to the world. iOS and Windows Phone would still exist, and I'm sure someone would have developed a cheap open source OS for the rest of the market.