If the relevant point in time
for copyrightability is when Sun created Java, then the alleged needs to achieve compatibility (didn't Apple make the iPhone a huge success without being Java - compatible?)
On appeal, the Court of Appeals
for the Federal Circuit disagreed with regard to
copyrightability and held that the declaring lines of code and their structure, sequence, and organization were copyrightable and sent the case back here
for this trial on fair use and, depending on that verdict,
for damages and other relief.