Whether the scope of protectable matter in a computer program is a question for the Court or for a jury, and whether a computer program's menu command hierarchy and input forms are copyrightable

1. Whether the scope of protectable matter in a computer program is a questi on for the Court, as the First, Second, Third, Fourth, Seventh, Eighth, Tenth, and Federal Circuits have held, or for jury, as the Ninth and Eleventh Circuits and, in the decision below, the Fifth Circuit have held. 2. Whether a computer program’s menu command hierarchy and input forms are copyrightable. 3. Whether the fourth fair use factor – “the effect of the use upon the potentia l market for or value of the copyrighted work” – favors a finding of fair use as a matter of law when there is only one potential buyer – the Government – neither the copyright owner nor the alleged infringer ever sold the copyrighted work, and, as the jury found, the copyright owner suffered no actual harm from the infringement. And, if so, whether the Petitioner’s use was a fair use.