That argument has been going on for decades, and has had few victories in the court system. The DMCA, which prohibits trafficking in anticircumvention devices, even though there's a lot of code in them, is still alive and well.
And the DMCA has been rightfully weakened to the point that archive.org has every Nintendo Gamecube game ever made hosted for the public, for years, uncontested.
And the DMCA has been rightfully weakened to the point that archive.org has every Nintendo Gamecube game ever made hosted for the public, for years, uncontested.
So too will these other silly laws go I expect.