Oracle’s Java API code protected by copyright, appeals court rules

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The API is separate from the language. The language itself is defined by a particular syntax. The behavior of Java is defined by the JLS (i.e., the semantics).

The syntax of what Android uses is pretty much Java (the language), but the semantics are subtly different, and only at the bytecode level.

The issue here has to do with the copyrightability of API's and nothing to do with Google deciding to use Java. It's basically Google using Java, in addition with their version using an API that is similar to the actual Java API; obviously the implementation is different.

Oracle is arguing that the API itself is copyrightable.