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Re: Licensing question about the BSD

From: Bruce Lewis
Subject: Re: Licensing question about the BSD
Date: 05 Aug 2005 12:45:58 -0400
User-agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3

Alexander Terekhov <> writes:

> Bruce Lewis wrote:
> [...]
> > brush strokes are all mine, but it may be considered a part of the work
> > in which the Mona Lisa was used, if it is dependent on lining up with
> > the Mona Lisa for its value.
> ("The Game Genie is useless by itself")

You have been arguing that if the original software is unmodified, any
software built upon it is a compilation, not a derivative.

I have been arguing that there may be cases where this is not true.

Now you are citing someone who says "Such innovations rarely will
constitute infringing derivative works under the Copyright Act."

"Rarely" implies it is possible.  Are you conceding?  Or are you arguing
against a straw man who says that such software is always a derivative?

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