Why a computer program is a functional whole

TL;DR

This paper argues that a computer program should be considered a functional whole, integrating philosophical and engineering perspectives to clarify legal and conceptual issues in software reuse and infringement.

Contribution

It establishes that a program is a unified whole using mereology, modularity, and function, aiding legal interpretation and supporting modular software design.

Findings

Programs are best modeled as functional wholes, not collections.

The notion of unifying relation is operationalisable.

Supports modular design following engineering practices.

Abstract

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.