On Monday 16 May 2005 05:31 pm, Michael K. Edwards wrote: > Raul, a work made by collecting X, Y, and Z is not a derivative work > of X. Not even if the "selection and arrangement" involved is > original enough to be copyrightable, and a fortiori if it is not (as > in the case of Quagga + Net-SNMP + libssl, an obvious combination > (given the text of each) if ever I saw one). Assert it to your dying > day, that's still not what the phrase "derivative work" means in > modern jurisprudence, anywhere in the world.
I apologize for appearing stupid, having failed to keep abreast on current debian-legal discussions, but I can't help but think there is something wrong with the paragraph above. Why exactly is a collection of X, Y, and Z not a derivative work of the three? Does this mean I can buy a three books (X, Y, and Z) tear off the bindings, rebind them into one book XYZ and resell at a profit? The questions surrounding what is and is not a derivative work are quite complex and are not made any easier by the confusing definition in the Copyright Act. The question, it seems, is whether the compelation is "a work based upon one or more preexisting works." Certainly my compelation book XYZ is based on the preexisting works of X, Y, and Z... but that doesn't help us figure out if its a "work" in the eyes of the copyright statute. Generally this requires some showing of original authorship... but your claim is even if the "selection and arrangement" is original enough to be copyrightable, its still not a derivative work. But that doesn't seem right... Book XYZ is both "a work" of original authorship AND "based upon one or more preexisting works." I'll readily admit to being inexperienced in this area. I'm just finishing up my second year in law school... so I've got lots more to learn and am happy to be proved wrong. -Sean p.s. PLEASE don't cite cases to make your point... reading a whole case takes a lot more time that just explaining the logic used by the Court. -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207 � �e: [EMAIL PROTECTED] w: http://probonogeek.blogspot.com So, let go �...Jump in � ...Oh well, what you waiting for? � �...it's all right � � ...'Cause there's beauty in the breakdown
