The programs embedded in the silicon chip are a reproduction of the programs in assembly language and as such are protected by copyright under s. 3(1) of the Copyright Act . These programs constitute a form of expression that is conceptually and functionally unique and cannot be regarded as a merger of idea and expression. The Australian decision in Computer Edge Pty. Ltd. v. Apple Computer, Inc., which characterizes the program embedded in the silicon chip in a manner which accords with the electrical processes that underlie its operation, should not be applied in Canada. Rather, the appropriate approach is to view the silicon chip program as embodying a set of instructions in machine code which are designed to move information and perform other specified tasks. The silicon chip should be viewed as a static object encoded with written instructions rather than as constituting a dynamic interchange of electrical impulses. It follows that the program embodied in the silicon chip is properly subject to protection by copyright and the unauthorized copying of that program constitutes a violation of copyright.