5. Rule of Law (Microsoft VS AT&T)

5. Rule of Law
As the Supreme Court has found, software remains patentable, but any code that must be reinterpreted to become functional is not – and scholars will interpret that to include source code as well.
http://www.betanews.com/article/Microsoft-Wins-in-Supreme-Court-ATT-Ruling-Overturned/1177944397

Software in the abstract is not considered a component of a software patent, therefore unless there is actual working code, or machine code, it doesn’t infringe upon the software patent. Until is it interpreted into a computer readable copy, such as a CD-ROM disc, it has no power and can only be expresses as pseudo code (or fake code).