Basically, the Ninth Circuit in Galoob held that an enhancement to a screen
display was not "fixed" sufficiently to constitute a derivative work. The
"fixation" requirement imposed by Galoob (literally, the "pink sunglasses
test" was used by the court to determine whether fixation occurs in the
retina) has been justly riduculed and makes very little sense.
In any case, Galoob does not apply to code, only to screen displays because
they are not fixed.
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