I'm going to go out on a limb here. While I'm definitely
not on Oracle's side for this case, I'm not so sure I agree with the statement that declaring code is not code in general.
To me, that's akin to the NSA collecting phone call metadata and then claiming that it's not really a problem because they don't actually have the contents. Except, as we know, with sufficient metadata, you don't even need contents to figure out what's going on.
The same goes with APIs. With sufficiently comprehensive APIs or sufficiently advanced programming language facilities, which are becoming more and more commonplace (more sophisticated static type checking, macros, and template metaprogramming), more and more information becomes encoded in the declarations, to the point where you really can't claim that the declaration isn't something you should be able to copyright. With the Java API under consideration I agree that the APIs probably shouldn't fall under copyright, but I'm not sure I agree with this precedent being set here more generally.