Exactly. It is counterintuitive, but they have to draw the line somewhere, and then such things happen. No way around it without making up some rather arbitrary

Exactly. It is counterintuitive, but they have to draw the line somewhere, and then such things happen. No way around it without making up some rather arbitrary new definitions, with all that problems(1) that that brings. Well, actually. The distinction between hardware (here: basically 3D-printed VHDL et al) and software is already such an arbitrary definition. (1) like manufacturers tweaking details to fall under the desired definition, legal arguments about the definitions, etc...