That was SCO's theory regarding JFS. It was first developed for a
proprietary Unix licensed from source code SCO claimed it had the copyright
to, therefore (so they claimed) any version for any other operating system
was also a derivative work of Unix System V (and they were owed billions in
I call that the "derivative work by contagion" theory, and it is one of the
reasons why people shouldn't blindly go around claiming things are
derivative works when there is no rational theory for why that should be
the case. Combination may produce a copyright protected collective work,
but the mere fact of combination certainly does not necessarily infect each
of the original components with derivative status when considered
separately, and more especially when the kernel specific binding code is
removed. That would be like saying if a photo is printed in a magazine,
not only is the photo a derivative work of the magazine, the magazine is a
derivative work of the photo.
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