Perhaps it shouldn't, but under current law it probably would be. Justice Roberts asked a very similar question during the hearing:

Roberts: Let's say someone copies the headings in your brief and they copy the organization in your brief, which sections you put first and how you organize them. Would your argument say that's perfectly fine so long as they write their own text?

Google's lawyer didn't really have a great response to that. He said "no but computer programs are different" but really didn't provide a compelling argument for why.