Structure, sequence, and organization of a computer program -- not just code -- is subject to copyright per Whelan v. Jaslow. Note that the Whelan standard became relevant again after Oracle v. Google.
I'm certainly not a lawyer, but I would definitely like to know what's the difference between "structure, sequence and organization of a computer program" and the algorithm behind that program? As I understand, algorithm is in the realm of ideas, which are not copyrightable.
It would be sad if courts accepted a technically ambiguous approach effectively deciding arbitrarily which case is what.
It would be sad if courts accepted a technically ambiguous approach effectively deciding arbitrarily which case is what.