Oracle has a copyright to the computer code, but not a patent. That means that the public, not oracle, has the right to these functions. Oracle cannot leverage its copyright to create pattonlike rights. Specifically, under the merger document there is no copyright protection for computer code that is the only way to perform those functions. Java Software Developers have the right to use certain commands to create applications for googles android smartphone platform. The commands require google to reuse an exact set of code from java se. Because there are no substitutes oracle is claiming the exclusive right to not merely what the declaration is saying, but what the declarations do. That is not a copyright, it is a patent right. Respect to fair use, the longstanding practice of reusing code is write the developers to millions of creative applications that are used by more than one billion people. Those policy questions are academic, the issue is not whether this court would find fair us