Not really. You are making this much harder than it has to be by bringing in irrelevant technical arguments. The court mostly cars about intent and effect, not

Not really. You are making this much harder than it has to be by bringing in irrelevant technical arguments. The court mostly cars about intent and effect, not technical minutiae. Also by your logic machine code isn't executable either since it too has to be parsed (by the CPU which transforms it into microcode instructions).