According to precedents set by recent lawsuits compiled source code would have to be protected by patents. However, source code is something you write, and in america protected by free speech. Therefore source code is automatically protected by copyright by whoever creates the source code as long as they can prove they are the creator. So this person may have a case. Depending on what country he is in. In america if you write something you have to file for a patent, however you automatically gain copyright over that material. The catch is, proving you came up with the idea first.