But if Google wins the case based on this "chess move", then the judge will not rule on whether or not APIs are copyrightable.

I don't see why the judge wouldn't use exactly the same strategy here. We could end up with Google winning via the jury and also winning via several independent decisions by the judge.

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Our job is to remind ourselves that there are more contexts than the one we’re in now — the one that we think is reality.
-- Alan Kay

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