Exactly. In fact, one could argue based on this point that all of U.S. copyright law is being applied incorrectly; the Copyright Clause, sometimes more accurate

Exactly. In fact, one could argue based on this point that all of U.S. copyright law is being applied incorrectly; the Copyright Clause, sometimes more accurately described as the Progress Clause, of the Constitution gives Congress the ability: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." In what way is a programming language a writing or discovery? And, if one could determine it to be such, how does granting exclusive rights to its creator, "promote the Progress of Science and useful Arts?" I would argue that it doesn't, clearly, because it puts us in litigious, fundamentally useless situations like this.