Assume I have the source code for the Linux 2.6 kernel. Suppose I want to use just a piece of it. How small a piece does it have to be before I'm no longer violating the GPL?
What my question is really; "At what point does the source code take on a identifiable identity?" Its written in C (or at least a lot of it is). Most of the constructs for C are defined in the language. So you can't point to a specific subroutine or sort or whatever to say this is copyrighted or its not. My guess is that "prior art" would cover 95 to 99% of the "uniqueness" of any software product. Programmers borrow ideas and algorithms constantly.
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