The challenge is that, taking away what most of us wanted the ultimate result to be, the in a vacuum argument that APIs aren't a creative work seems wrong.
The problem, however, is that the current fair means test in the US code probably never envisioned something like an API. Arguably, there should be a means test along the lines of "Exists primarily to provide a means of interacting with other copyrighted works" or something along those lines.
Essentially, the interfaces shouldn't be copyrightable argument is an outgrowth of the fact that, if they aren't copyrightable, the fair use protections around compatibility etc. (e.g. in Lotus v. Borland) aren't as strong as one might like.
The problem, however, is that the current fair means test in the US code probably never envisioned something like an API. Arguably, there should be a means test along the lines of "Exists primarily to provide a means of interacting with other copyrighted works" or something along those lines.
Essentially, the interfaces shouldn't be copyrightable argument is an outgrowth of the fact that, if they aren't copyrightable, the fair use protections around compatibility etc. (e.g. in Lotus v. Borland) aren't as strong as one might like.