Messages in this thread | | | Date | Mon, 11 Apr 2005 07:43:44 -0400 | From | Anthony DeRobertis <> | Subject | Re: non-free firmware in kernel modules, aggregation and unclear copyright notice. |
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Glenn Maynard wrote:
> I've heard the claim, several times, that that creating a derivative > work requires creative input, that linking stuff together with "ld" is > completely uncreative, therefore no derivative work is created. (I'm > not sure if you're making (here or elsewhere) that claim, but it seems > like it.) What's the basis for this claim? (If you're not making it, > anybody that does believe this is free to respond.)
It's based on Title 17 USC, Sec. 101, where "derivative work" is defined:
A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an ORIGINAL WORK OF AUTHORSHIP, is a “derivative work”. (emphasis added)
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