Comment Re:Software a special case (Score 1) 107
Speech is simply patterns of sound waves, which are mathematical wave equations. Speech can be modeled mathematically just as easily as any computer program.
Also, a programming language is, as its name implies, a language, which is also what we call those sound waves we make.
Since we mostly agree that we should be able to copyright particularly creative things we say or write down in a spoken language, one could well argue that we should be able to do the same for particularly creative things we write in a computer language.
Just because something can be modeled mathematically does not automatically make it some sort of natural phenomenon that we cannot copyright. A program isn't any more mathematical than speech: a program is patterns of electrical signals which we can model mathematically, but a program is not some kind of direct manifestation of a property of the world that was already there before the program was written. Remember that math itself is something that we have invented to describe what we perceive, and that it is not, in and of itself, a property of the world.
That having been said, I agree with you that something is different about software. Unfortunately IANAL and perhaps I can't articulate why I think that way.