Apparently Mr. Greg Aharonian does not, noting source code is a collection of “algorithms” and “data structures” which are uncopyrightable ideas or processes. Wording here borrowed from the article at http://patentlaw.typepad.com/patent/2006/02/court_upholds_d.html.

Huh? It may surpise everyone maybe… Fiction, and all written text is just that afterall, it’s hardly limited to source code. Any writing is a preconceived structure of rules, data and ideas. What’s important is not the presence of such, but the methods and intent with which they are congregated and phrased. If source code is not copyrightable then neither can any form of written word.

Source code is written in a language. Like any work of fiction it expresses the authors intent in a unique and personal way. It is their property, and any argument to the contrary is pure foolishness. Yes, the ideas might well be common to millions of similar texts. Yes, it follows a predictable pattern (grammer). Yes its composed of largely previously known information. But its still unique. It still retains value as a complete work.

Not copyrightable? Pull another leg…

How hard can it be to see that source code is identical is every way to the written word?

Sort of an aside. There’s usually a few funnies on the patent-o blog: http://patentlaw.typepad.com/patent/. ;-) There is currently a patent for a warp drive in process (the patent office has requested a working copy) which may prove interesting. Maybe there’s an Einstein sucessor at work in secret. This is followed by a few interesting applications which anyone half familiar with physics will find hillarious. There’s even a vague reference to casimir attraction:

# 2004-197727 GENERATOR USING CASIMIR POWER SUCH THAT TWO METAL PLATES PARALLELLY PLACED IN SLIGHTLY SPACED RELATION IN VACUUM ATTRACT EACH OTHER

Stating the obvious makes for a good patent case apparently…;-) Maybe I should apply to patent “forward motion generation via the sequenced placement of rods one afore the other in alternate succession”. Hmmm. I could charge the entire planet’s population of walking animals a small fee.

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  1. Procedural hodge-podge vs Engine based source code