Anthony DeRobertis wrote:
> On Dec 9, 2003, at 13:38, Arnoud Engelfriet wrote:
> >However, what I'm saying is that if you bundle the existing
> >host and the existing plugin into a composite work, you may
> >have created a derivative work. Just like if I put an existing
> >photograph next to an existing text to produce an illustrated
> >article.
> 
> I think that process is much better described by:
> 
>       A ''compilation'' is a work formed by the collection and
>       assembling of preexisting materials or of data that are
>       selected, coordinated, or arranged in such a way that the
>       resulting work as a whole constitutes an original work of
>       authorship. The term ''compilation'' includes collective
>       works.

That would seem to fit much better than derivative work, yes.
However I do wonder whether the combination of host and plugin
constitutes an original work of authorship? There seems to
be little creativity involved. 

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/

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