I'm not arguing bitcoins are software, I was just analogizing ownership of a bitcoin to ownership of software.  I don't think there's any classification box that a bitcoin would fit into, even the phrase "a bitcoin" is kindof a misnomer for a variety of reasons.  What I'm saying is it doesn't matter that we can't classify bitcoin, it's clear that someone can exercise exclusive control over a balance of them, and it's clear that they have cognizable value, that's all that really matters.  We don't need to say "bitcoin is like x" because that's not what the legal analysis cares about.