I'd define a design as the information sufficient to produce a copy that is to some degree recognizable as the original (in terms of visuals, aesthetic effect,

I'd define a design as the information sufficient to produce a copy that is to some degree recognizable as the original (in terms of visuals, aesthetic effect, etc). An ornamental cup is separable in a sense, you can make a matching saucer with the same pattern of ornamentation, and you can also make a cup without the ornament on it. In one case it is a copy of the function, in the other a copy of the design. There has been some degree of discussion about this in relation to the 3d printing revolution that is currently happening (which I'm very happy to be part of, my printers are happily replicating). Here's some links if you're interested in the sense in which "design" is used in relation to physical objects: http://news.ycombinator.com/item?id=1689527 http://news.ycombinator.com/item?id=1689527 (Focused on UK and European laws) http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up http://www.publicknowledge.org/it-will-be-awesome-if-they-do... (Focused on US IP laws) I do not believe there is a counter-argument to the "treating data as large numbers makes it ridiculous to assert control over it". I agree with you on this point. Unfortunately, the law will need to be modernized to take that into account, and that has not yet happened.