This standard doesn't really make sense, and the legal standard says nothing about executability. What about programs with external dependencies, or a code snippet? Those won't necessarily be executable in a self-contained sandbox, but I'd certainly consider them computer programs.
Also, per Thomas's dissent:
> The majority also belittles declaring code by suggesting it is simply away to organize implementing code. Not so. Declaring code defines subprograms of implementing code, including by controlling what inputs they can process. Similarly, the majority is wrong to suggest that the purpose of declaring code is to connect pre-existing method calls to implementing code. Declaring code creates the method calls.
He clearly has a much better understanding of APIs than some software engineers I've worked with.