google (according to Florian):

    Even if such files were identical to Oracle files
    (which they are not), their use is de minimis and 
    is not actionable."

Florian:

    This baffles all description. If you think about it,
    this "logic" would constitute a carte blanche for 
    everyone with a large software project to steal smaller
    parts of other people's creations. Google's less-than-
    one-percent-claim may very well be true, but this kind 
    of reasoning must be rejected altogether. Imagine a 
    music publisher who puts out a collection of 101 songs 
    and steals one or more of those songs from different 
    other companies,

Example is wrong:

The copying is not on "song" scope, but on a smaller scope.

If nobody was allowed to use a sentence that was ever used before, most writers would face a serious problem.