This was really well written in "What color are your bits": https://ansuz.sooke.bc.ca/entry/23
Programmers have trouble seeing color (two identical numbers are the same bits, how can typing '1234' to unlock one phone be legal, and '1234' to unlock another phone be illegal?)
Courts care about color (intent, provenance, permission), even though that color cannot be digitally represented.
"Color" absolutely can be represented digitally; C compilers were doing it before we even knew they were doing it. We just like getting away with shit. It's part of the hacker ethos. Probably.
Indeed, but should he say his real code was one digit swap off, could you prove intent? Color matters, but you can't paint with only one