ABSTRACT
The analysis of interactions between structural rules and actor's resources illustrates how the two concepts are mobilized in relation to each other through communicative activities of legal actors, and become constraints and enablements for future interactions of the legal actors. The most important variable that relates to decision making was the nature of the actors, that is if they were developers of computer programs or not. Although the judges tended to grant copyright to the plaintiff's program regardless of the nature of the plaintiffs and the defendants in copyrightability cases, infringement decisions were clearly related to the nature of the defendants. In order to make a decision regarding this new technology, judges analogized computer programs to a literary work or an artistic work, and videogames to an audiovisual work, both of which had been traditionally protected by copyright. Concerns regarding the public interest and marketplace turned out to be hardly a basis of copyright decisions regarding computer programs.
