Your entire argument fails due to the fact that the software is still maintained in a physical format weather it is stored on the hardrive, ram or cd. It would be the same as preforming a successful brain transplant (so long as the consciousness remains intact.) Without a physical format to imprint the data the software is gone. Another more accurate representation is when one erases data from a hard drive using magnets. When magnatized the it destroys the software to a point in which the data is not retrievable. This is what braindeath is like. This is why bringing people back from braindeath is currently impossible.