Copyrightable functions and patentable speech

@article{Burk2001CopyrightableFA,
  title={Copyrightable functions and patentable speech},
  author={Dan L. Burk},
  journal={Commun. ACM},
  year={2001},
  volume={44},
  pages={69-75}
}
  • D. Burk
  • Published 1 February 2001
  • Law
  • Commun. ACM
by features that defy classification within established legal doctrines. In particular, areas of the law that rely on distinctions between the “functional” and the “expressive” have found software problematic. In this article, I briefly describe the areas of law in which this problem is most pressing, sketch how these problems have migrated across legal domains, and indicate the path legal controversy attending software seems likely to take, especially in patent law. The picture that emerges is… 
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References

A Coherent Theory for the Copyright Protection of Computer Software and Recent Judicial Interpretations
TLDR
The policy basis for protecting computer programs under copyright is found not in the artistic creativity that goes into program production, but rather in the necessity of protecting the digital works from piracy or misappropriation.