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What I meant was, "it's fixed somehow". I assume the original reasoning for why code is copyrightable is that when I write, say, a book, that is copyrightable. Code is written down just like a book is, so it follows that copyright will apply. I'm not saying that's the legal reasoning. I'm saying that was probably the initial gut-reaction to why copyright should apply to code, and the legal reasoning came afterwards.

I have spent time with the various forms of IP, and I feel I have a pretty good grasp of what copyright is. I can't correct any misconceptions unless you point them out - although I have a feeling it's more that I did a poor job of expressing myself.

Attempt the second: with non-software inventions, you can have a copyright on the documents that explain how to build the invention. You can have a patent on the invention itself. Software can be both copyrighted and patented. You object to this because it's the only instance we have of something that can be both copyrighted and patented - it's a unique exception. I responded to this objection by pointing out that software is also unique in that what you use to describe exactly how to make the invention is the invention itself.




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