[bombcar]

It is now determined to be "bad" but the whole area wasn't as clearly legally defined as we think it is now. The courts could have almost as easily ruled for Franklin and determined that "BIOS" is a hardware implementation and not copyrightable.

[dhosek]

Indeed. There was a movie about the guy who invented the intermittent windshield wiper and I remember being surprised that one question that had to be addressed by the court in the patent trial was whether a circuit design was a patentable invention.