Actually, upon more careful reading I do disagree with what viro you said, because it's conflating copyright subject matter with licensing. What makes something derivative is a matter of law that can't be avoided by a license. Though I'm not disputing that mere use of a system call does not necessarily make something derivative (I'm not insinuating anything by being circumspect with my words, either); nor that a license can make derivative use okay.
I respond only to protect my name; what with archiving and all. I'm not returning to this thread for the foreseeable future.