None of our laws were created under the assumption that computers would do so much of our jobs and effect so much of our lives. From robotic automation to social media to now computer programming. I think it’s really a mistake to ask what the letter of the law currently means in the evolving context. Laws should serve us and need to be adapted.
I'm not the biggest fan of copyright law as currently written, but I wouldn't say that MS's desire to file off the serial numbers on every piece of public code for their own profit is a good impetus to rewrite the law.