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Re: gens License Check - Non-free

@ 15/06/2004 23:09 : wrote Evan Prodromou :

>>>>>>"BTS" == Brian Thomas Sniffen <bts@alum.mit.edu> writes:
>    BTS> Yes.  And this picture of a Gnu is not a derivative work of
>    BTS> Emacs.  But if I package it with Emacs as the Emacs icon, the
>    BTS> combination IconEmacs is a derivative work of Emacs -- and of
>    BTS> my iconic gnu.
>This is counterintuitive. There's a connection here between collection
>and derivation that's somewhat difficult to wrap my head around,
>If I write a short story "Evan's Story", that is an independent work,
>on its own. If I submit that story to Atlantic Monthly, the story
>becomes part of the collective work "Atlantic Monthly, June 2004
>If I then make the short story into a play "Evan's Play", it doesn't
>make much intuitive sense to say that "Evan's Play" is derived from
>"Atlantic Monthly, June 2004 issue". And it seems even stranger to say
>that "Evan's Play" is a derivative work of "Atlantic Monthly, April
>1961" or "Atlantic Monthly, December 2018".

I don't know about USC 17, but in Brazilian Author's rights law,
derivative works, collective works and anthology (or compilation works)
are three much different beasts:

1. derivative works are those which are intellectual creations of their
own, results of the _transformation_ on the originary work; they don't
exist in their current form independently of the originary work *and*,
most importantly, you _transformed_ the originary work in the derivative
work (this history step -- transformation) is the keyword. The best
example of this is egcs, that was a derivative work on gcc.

2. anthology (or compilation) works are those which are the fusion of
authonomous works, but are an independent intellectual creation itself
by means of its selection, organization, of content disposition. Theo de
Raadt catalogues his OpenBSD CDs in this category, and claims copyrights
on the selection/organization/disposition of the otherwise (dfsg-)free
contents of the CDs.

3. collective works are the fusion of autonomous works, that don't have
the caracteristics of (2) above.

In your example, "Atlantic Monthly June 2004 issue" would be situated in
the cases (2) OR (3) above, and is not a derivative work on "Evan's
Story". What you did is to transform "Evan's Story" in "Evan's Play".
Thus, "Evan's Play" is the derivative work on "Evan's Story". Period.

As additional examples, I would say: gcc-3.1 is a derivative work on
gcc-3.0; WineX is a derivative work on Wine; and so on.


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