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between the two types of information is that a compilation of
seismic data is an original recording of physical events that
could never be perfectly reproduced; in other words, it is a
particular rendition of human exertion, whereas numerous
renditions of human exertion in writing a computer program could
result in identical source codes. That distinction, however, is
illusory. First, the fact that seismic data may differ each time
the same subterrain is bombarded with sound waves is relevant
only if differences in the data create material changes to the
seismic pictures that would be purchased by oil and gas
explorers. It seems unlikely that changes in geologic features,
which generally occur over long periods of time, qualitatively
affect the nature of the corresponding seismic data. Second,
even if the seismic picture of an unchanging feature would be
different because of changes in the recording and editing
process, it is still theoretically possible to disregard those
different processes and to reproduce a materially
indistinguishable seismic picture, just as it would be
theoretically possible to disregard different programming
languages and to rewrite a computer program in the language used
to create the original source code. The essential point is that
there is no material distinction in the theoretical duplicability
of the human exertion required to gather both types of
information.
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