Is Software Code Art? Creative Expression?

“The issue of patents for software and business methods has been causing a stir in America ever since the Patent and Trademark Office started issuing patents on internet business methods in 1998, most famously that for one-click shopping. Proponents argue that these patents provide the necessary incentives to innovate at a time when more inventions are computer-related. Critics claim that such intellectual monopolies hinder innovation, because software giants can use them to attack fledgling competitors. Moreover, as software is often built on the achievements of others, writing code could become a legal hurdle race. By analogy, if Haydn had patented the symphony form, Mozart would have been in trouble.”