On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is protectable under the copyright law. In Oracle America, Inc. v. Google Inc., the Federal Circuit applied the law of the Ninth Circuit to address several issues. Most notably, the court held that literal copying of even a small amount of source code may constitute infringement of the code’s non-literal elements. In so holding, the court applied a pared-down version of the abstraction-filtration-comparison test and held that functional elements of software may constitute copyrightable expression. The long-term effects of the Federal Circuit’s opinion remain to be seen. However, litigants may expect courts in the Ninth Circuit, and others, to uphold copyright protection for functional software, including the structure, sequence, and organization of the software, in instances where there was more than one way to write and organize the code to achieve the same function. This rule may be applied even where only small amounts of source code are literally copied.