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

Anthony DeRobertis
2005-04-11T11:45:52Z

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)