Earlier quoted context omitted.
Similarly, asserting a court erred in a spectacularly ridiculous way is not an argument. Note that before 1989, rules in USA were quite different. Instead of: everything is IP, almost forever - explicit copyright registration was required for protection of works. While object code was ruled as copyrightable for pretty obvious reasons, initial rulings seems quite consistent with law at the time. Current 100+ year copy…
Yes, it is an argument. It is not evidence, it may not be compelling argument for you, but it’s unquestionably an argument. I refuse to accept that courts deemed compiled code to not be a creative work or intellectual property. Remember—a lot of early computer code was written in assembler...
You may call it an argument. I may then argue by refusing to accept it.
[1] please view pdf linked above