Copyleft-next and the kernel--originality

Originality is a constitutional requirement. Constitution of the United States, Art. I. sec. 8[8], 1 Stat. 10; Feist Publications, Inc. v. Rural Telephone Service Company, Inc., 499 US 340 (1991); The Trade-Mark Cases, 100 U.S. 82 (1879). Some minimal degree of creativity is requred. Feist Publications.

"Refactoring" is not reflected in the Law of the Land, but compilations and derivative works are. Pub. L. 94-553 [sed. 103], 90 Stat. 2541, 2544 (1976). It is only that portion of the 'refactoring' that is original to the author. Feist.