A derivative work is one that extends upon an original work. Thats an simple definition of a derivative work, but doesn't include any clear examples.
The FSF gives the example that linking causes a derivative work, and incorporates that line of thinking into the LGPL. The reason behind it is that a linked work existence is based upon an original work, and can not exist without it. As such, linking is an easy example where the line into derivative work has been crossed.
In the end, it will be up to the courts to decide what is or isn't a derivative work in software. The statutory definition is incomplete and the concept of derivative work is thus interpreted with reference to explanatory case law. Each time a music company wins a lawsuit against remixes, derivative work extends its grasp. Each time a game like WoW wins a lawsuit against bot software, one more step is taken.
In light of the precedential cases, I consider the FSF example of linking to be quite conservative definition of derivation. It might not be true every time and for every possible use of linking, but it should be true enough in the general case. Is there a strong argument against that interpretation?
The FSF gives the example that linking causes a derivative work, and incorporates that line of thinking into the LGPL. The reason behind it is that a linked work existence is based upon an original work, and can not exist without it. As such, linking is an easy example where the line into derivative work has been crossed.
In the end, it will be up to the courts to decide what is or isn't a derivative work in software. The statutory definition is incomplete and the concept of derivative work is thus interpreted with reference to explanatory case law. Each time a music company wins a lawsuit against remixes, derivative work extends its grasp. Each time a game like WoW wins a lawsuit against bot software, one more step is taken.
In light of the precedential cases, I consider the FSF example of linking to be quite conservative definition of derivation. It might not be true every time and for every possible use of linking, but it should be true enough in the general case. Is there a strong argument against that interpretation?