I was rather disappointed by the article. It's a great interview about the legal process, but I was expecting to read information about what constitutes a derived work.
The referenced paper doesn't have the information either. It describes derived work tests at an abstract level, and the only substantial information I found in it is that copying the value of a constant does not create a derived work (in certain jurisdictions).
As with most legal matters, it would have been really nice to see a few concrete examples of works that have been found to be derived and works that have been found not to be.
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