On Mon, 2016-06-06 at 12:58 +0200, Xen wrote: > Because of that it will be judged according to cases such as: > - game genie vs nintendo > - artic vs midway > - formgen vs micro star
So, firstly, the GPL is a copyright licence, so the conversation has always been about copyright law. The only thing of relevance here is copyright law. I'm not sure what other laws you might be trying to talk about... The cases you mentioned are all about classifying whether a work is considered a derivative or not (as part of copyright law). As I originally said, I was under the impression that the author of the patches accepted that their work was a derivative, and was selling them under the GPL. As I also said, if that is the case, then the author already considers it to be a derivative, and the GPL applies. If that is not the case, and it was found that the work was not a derivative, then the GPL cannot be applied. As also mentioned previously, the patches (apparently) involve changing a lot of the code base (rather than being a simple module addon), and therefore would likely be considered a derivative. All the other factors you keep mentioning ONLY apply for deciding whether something is deemed to be a derivative work or not (under copyright law) in more complex cases. It has NOTHING to do with anything else, once something is considered to be a derivative by the court, everything I have been telling you applies. For example, in the Micro Star v. Formgen Inc., which was about addon levels, the levels could be distributed as a separate module and not using any of the original code, therefore it likely wouldn't be considered a derivative of the code. However, because it is a game, the court ruled that it was a derivative of the story. As the patches substantially change the original code base, it is very likely to be considered a derivative, without needing to take into account all these other more complex factors.
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