Posted Jun 22, 2007 14:36 UTC (Fri) by hummassa
In reply to: GPL compliance issues are tearing Joomla! apart (Linux.com)
Parent article: GPL compliance issues are tearing Joomla! apart (Linux.com)
It is a common misconception spread thru linux mailinglists and forums
that "derivative" is an unclear term.
In copyright law, a "derivative work" is "the work of intellect that is
novel in itself but results of the transformation of another (original)
work". The classic example of a derivative work is the translation of a
book (e.g. from English to French). The translator is making a new, novel
work, but this work is the result of the transformation of the original
work. Other examples are the creation of an abridged version of a book
(Moby Dick for kids) or the creation of a screenplay based on a book (Lord
of the Rings, ...). Mashups are derivative works, but in some cases and in
some jurisdictions, they take small bits and pieces of each original work,
falling under local "fair use"-like provisions.
The USofA caselaw has lots of cases of derivation, and has a test that is
used by USofAn courts to establish derivations: the "filtration,
abstraction and comparison" test. Look at wp:Computer
Associates Int. Inc. v. Altai Inc.
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