On Mon, Dec 13, 2004 at 10:17:14PM -0500, Glenn Maynard wrote: > The issue isn't whether the conversion itself creates a derivative work, > though. The issue is whether the "preferred form for modification" is > that C code, now that I've converted it, stuck the Pascal code in cold > storage never to be touched again, and made substantial modifications > to to C code.
Those two issues are the same thing. That was the point. While they aren't normally defined in terms of each other (neither causes the other), they're testing the same things, so they are equivalent. When the result is a derivative of the original, the preferred form for modification will also include the original. When the result is independent of the original, the preferred form for modification will not include the original. When the result is ambiguous with respect to the original, the preferred form for modification is also ambiguous with respect to the original. (Note that in the last case, since courts are not particularly logical and both are classified as lawyer-bait, you can get different answers in court) -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -><- |
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