I am thinking if the Google v Oracle Supreme Court case, where it was found that the Java API was not copyrightable for Android. Why not just decide an ISA is an API?

Note that Phoenix Technologies, and other companies like Dell have moved BIOS development work to mainland China. From Phoenix's Al Sisto: "We're moving more and more of our core development to the region to get access to the fine labor pool and emerging new customers." One can imagine that it would be very easy to have the BIOS install a spy program into the Windows OS. They should have thought about these threats years ago, but like 9/11, were asleep at the switch.