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Bradley Kuhn (bkuhn) - 9 years ago 2014-10-15 22:53:32
bkuhn@ebb.org
derivative works matter less than you think.

Given the wealth of text this chapter offers regarding derivative works,
this section really is necessary to give context on this point and
assure that the reader is not unduly swayed to believe that the
derivative work discussion is a central tenant of understanding
copyleft.

Long term, it may make sense to move the entire chapter on derivative
works to a different part of the tutorial. Historically, it was placed
here because when teaching courses on the subject based on this text, I
found as an instructor that questions about derivative works became so
rampant from students during discussions of GPLv2§2 / GPLv3§5 that
derivative works discussion ahead of time was the only way to quell the
onslaught of ultimately off-topic questions.

Thus, the placement of the derivative works section in this location may
in fact be merely an historical artifact that this text was written
originally to accompany an in-course presentation. While I'd still
recommend organizing a classroom presentation of these topics in that
order, I no longer believe the written materials must follow suit.
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@@ -1450,6 +1450,38 @@ detailed software derivative work analysis. Most often, cases involve
 
clearer basis for decision, including frequent bad faith on the part of
 
the defendant or over-aggressiveness on the part of the plaintiff.  
 

	
 
\section{How Much Do Derivative Works Matter?}
 

	
 
It is certainly true that GPL intends for any work that is determined a
 
``derivative work'' under copyright law must be licensed as a whole under
 
GPL\@, as will be discussed in the following chapter.  However, as we finish
 
up our discussion derivative works, we must note that preparation of a
 
derivative work is by far not the only way to create a new work covered by
 
GPL\@.
 

	
 
In fact, while derivative work preparation is perhaps the most exciting area
 
of legal issues to consider, the more mundane ways to create a new work
 
covered by GPL are much more common.  For example, copyright statutes
 
generally require permission from the copyright holder to grant explicit
 
permission to modify a work in any manner.  As discussed in the next chapter,
 
the GPL {\em does} grants such permission, but requires the modify work must
 
also be licensed under the terms of the GPL (and only GPL:
 
see\S~\label{GPLv2s6} in this tutorial).  Determining whether software was
 
modified is a substantially easier analysis than the derivative work
 
discussions and considerations in this chapter.
 

	
 
The question of derivative works, when and how they are made, is undoubtedly
 
an essential discussion in the interpretation and consideration of copyleft.
 
That is why this chapter was included in this tutorial.  However, as we
 
return from this digression and resume discussion of the detailed text of the
 
GPLv2, we must gain a sense of perspective: most GPL questions center around
 
questions of modification and distribution, not preparation of derivative
 
works.  Derivative work preparation is ultimately a small subset of the types
 
of modified versions of the software a developer might create, thus, while an
 
excessive focus on derivative works indulges us in the more exciting areas of
 
copyleft, we must keep a sense of perspective regarding their relative
 
importance.
 

	
 
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\chapter{Modified Source and Binary Distribution}
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