Google tried to argue for fair use under the idea of interoperability, but the (few) intentional differences from Java that prevent most Java programs from running unmodified on Android pretty much bombed that case...
Note that Google won both the jury trials (first on not violating copyright, and then on the violation being fair use after the first was overturned on CAFC).
In other words, Google won on most or all of its arguments at the jury trial level, and CAFC kept overturning all of its arguments. The sentiment I'm getting from the oral arguments is that SCOTUS is leaning much more towards "CAFC is off its rocker" here.
> With respect to Oracle’s claim for relief for copyright infringement, judgment is entered
in favor of Google and against Oracle except as follows: the rangeCheck code in TimSort.java
and ComparableTimSort.java, and the eight decompiled files (seven “Impl.java” files and one
“ACL” file),
And here's Oracle’s reply brief in the appeal; the relevant part on this issue is under the heading THERE IS NO “DE MINIMIS” DEFENSE TO COPYRIGHT INFRINGEMENT.
