[studentrob]

> To play the devil's advocate: Is it though?

Yes. Copyright already protects what a patent granted for source code would protect.

The problem you describe exists in both scenarios, and is resolved with enforcement. You can sneakily break the law, and you run the risk of getting caught for fraud.

[pron]

> Copyright already protects what a patent granted for source code would protect.

I don't think that part is true: https://en.wikipedia.org/wiki/Clean_room_design

[jandrewrogers]

> Copyright already protects what a patent granted for source code would protect.

This is not correct. Patent protects the abstract functional design, copyright protects the reduction to practice. Two implementations of the same algorithm have independent copyrights.

You see the same thing in physical engineering too. A novel chemical process is protected by patent and each reduction to practice is protected by copyright. They are separately licensable.