Software vs. artifact

Are ebooks software or artifact? Establishing their essence is absolutely necessary for there to be legal interpretation. So where do you come down? Myself, it’s easy. Artifact. I like the observation that software is function and ebooks are culture. But it’s not that simple, especially as ebooks become more interactive (involve more function). This is a hot topic in Europe right now, especially after a ruling by a German court, as reported by The Digital Reader, that because ebooks are not software (right) you can’t resell them (wrong). You see in Europe you CAN resell software, so if ebooks aren’t software, then you CAN’T resell them. Now does that really make sense? No. So expect the court ruling to change. Which brings us back to the real argument: can ebooks that are interactive be considered (static) culture? I hope so.