Why a computer program is a functional whole
This work addresses a legal and ontological problem for software industry and copyright law, providing a foundational argument that may assist in litigation and support modular design practices.
The paper tackles the legal ambiguity of whether software copyright infringement applies to the entire program or individual files by arguing that a program is a functional whole, drawing on philosophical and engineering concepts to substantiate this claim.
Sharing, downloading, and reusing software is common-place, some of which is carried out legally with open source software. When it is not legal, it is unclear just how many copyright infringements and trade secret violations have taken place: does an infringement count for the artefact as a whole or perhaps for each file of the program? To answer this question, it must first be established whether a program should be considered as an integral whole, a collection, or a mere set of distinct files, and why. We argue that a program is a functional whole, availing of, and combining, arguments from mereology, granularity, modularity, unity, and function to substantiate the claim. The argumentation and answer contributes to the ontology of software artefacts, may assist industry in litigation cases, and demonstrates that the notion of unifying relation is operationalisable. Indirectly, it provides support for continued modular design of artefacts following established engineering practices.