Anthony DeRobertis <[EMAIL PROTECTED]> writes:
> On Dec 9, 2003, at 08:25, Arnoud Engelfriet wrote:
>
>>>
>>> That doesn't follow. If we assume linking at runtime means creating a
>>> derivative work before runtime, then we can conclude only that the
>>> plugin is a derivative work of the plugin host.
>>
>> It is the host that loads the plugin into its memory, not vice
>> versa. So it is the host that does the linking.
>
> A derivative work MUST be based on a pre-existing work. Title 17 USC
> Sec. 101 is very clear on that.
>
> The host was written before the plugin. It thus can't be a derivative
> work of the plugin.
But the combination of the host and the plugin is a derivative of the
plugin -- or is a compilation containing the plugin, or is a mere
aggregation containing the plugin, depending on the intent of the
author of that combination.
-Brian
--
Brian T. Sniffen [EMAIL PROTECTED]
http://www.evenmere.org/~bts/
