Rich Freeman posted on Fri, 15 Nov 2013 08:38:20 -0500 as excerpted:

> That's what I'm getting at.  The actual changes themselves aren't a
> derivative work - it is the result of applying them that is.

I can (cautiously) agree with that, tho I'm sure there are those who 
would take an opposing position, certainly if they're lawyers paid to do 
so!

Meanwhile, I found your (paraphrased) "on the third line, after the 
comma" example interesting, both since I saw a similar argument on one of 
the pages that came up in my google, and because it's basically what a sed 
script (as opposed to a patch) does in practice.  The point being that 
simple instructions saying /how/ to do it, without incorporating any of 
the original work, can hardly be said to be derived.

(The example I saw in my google was text instructions for cutting a face 
out of a larger photo and putting a red frame around it.  It's quite 
clear that those text instructions are not derivative of a particular 
photo, while a screen-grab illustrating the process may well be 
considered derivative of the original photo, since it includes part of 
it.  A sed script is arguably similar, tho s// regex replacement can 
certainly be borderline, but for the triviality test.)

-- 
Duncan - List replies preferred.   No HTML msgs.
"Every nonfree program has a lord, a master --
and if you use the program, he is your master."  Richard Stallman


Reply via email to