WordPress, themes, and derivative works
Posted Jul 29, 2010 21:07 UTC (Thu) by sfeam
In reply to: WordPress, themes, and derivative works
Parent article: WordPress, themes, and derivative works
Now someone gets a copy of my a.php and your b.php and runs a.php . In order to execute it, his system copies a.php into memory (this is a copy of my a.php) and then processes it to include b.php inside. That processed copy is derived from both a.php and b.php .
Maybe so, maybe no. The fact that both modules are loaded does not, by itself, make a.php a derived work of b.php. As to whether there now exists some third, separate work that is derived from both a and b, I'd say this is far from clear. Just having two executables running on your computer at the same time does not create a derived work, or so I would claim with some confidence. Is having two sets of php modules available at the same time a different case? I am dubious.
This is not to deny the possibility that a.php might indeed be a derived work for other reasons. But making use of other capabilities that may or may not be present on the system, be they other php modules or separately installed programs, is not a sufficient test for being derivative.
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