Les Mikesell <lesmikesell(a)gmail.com> wrote:
David Woodhouse wrote:
> No, I think you've completely missed the point.
The point is whether a derivative work exists, which won't depend
how the parts get to their end locations. If it is a derivative when
the parts are aggregated for delivery it will be just as much a
derivative if the parts are delivered separately.
Right. And it is derivative if one piece was built from the other piece,
not just if they happen to work together or in a similar way. There is a
complex test applied by the courts to see if something is a copy or not.
What is to be understood by "mere aggregation" could very well be open to
question, sure. But if you start questioning everything /before/ it makes
any real difference, please refrain from computer programming at all:
Unless all you write is "Hello, world!" you are sure to infringe on
hundreds of patents. They might not be valid, but unless some court says
so, they stay in force.
Dr. Horst H. von Brand User #22616 counter.li.org
Departamento de Informatica Fono: +56 32 2654431
Universidad Tecnica Federico Santa Maria +56 32 2654239
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