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Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

Glenn Maynard wrote:

I've heard the claim, several times, that that creating a derivative
work requires creative input, that linking stuff together with "ld" is
completely uncreative, therefore no derivative work is created.  (I'm
not sure if you're making (here or elsewhere) that claim, but it seems
like it.)  What's the basis for this claim?  (If you're not making it,
anybody that does believe this is free to respond.)

It's based on Title 17 USC, Sec. 101, where "derivative work" is defined:

A “derivative work” is a work based upon one or more preexisting works,
such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications
which, as a whole, represent an ORIGINAL WORK OF AUTHORSHIP, is a
“derivative work”. (emphasis added)

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