diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 6ad6c2c81ac063b1518391e3cb79dde396555411..462887e4da8d95e1b5fee275dfa9cd43ab658906 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -1156,10 +1156,10 @@ part of one ``work'' when combined with other GPL'd code, we must ask a question that copyright law will not directly answer in the same technical terms. -Therefore, this chapter digresses from discussion of GPL's exact text to +Therefore, this chapter digresses from a discussion of GPL's exact text to consider the matter of combined and/or derivative works --- a concept that we must understand fully before considering GPLv2~\S\S2--3\@. At least under USA -copyright law, The GPL, and Free +copyright law, the GPL, and Free Software licensing in general, relies critically on the concept of ``derivative work'' since software that is ``independent,'' (i.e., not ``derivative'') of Free Software need not abide by the terms of the @@ -1174,13 +1174,13 @@ left to ask, just what is a ``derivative work''? The answer to that question differs depending on which court is being asked. The analysis in this chapter sets forth the differing definitions of -derivative work by the circuit courts. The broadest and most +derivative work set out by United States circuit courts. The broadest and most established definition of derivative work for software is the abstraction, filtration, and comparison test (``the AFC test'') as created and developed by the Second Circuit. Some circuits, including the Ninth Circuit and the First Circuit, have either adopted narrower versions of the AFC test or have expressly rejected the AFC test in -favor of a narrower standard. Further, several other circuits have yet +favor of narrower standards. Further, several other circuits have yet to adopt any definition of derivative work for software. As an introductory matter, it is important to note that literal copying of @@ -1196,7 +1196,7 @@ sequence, organization, operational modules, and computer-user interface. \section{The Copyright Act} -The copyright act is of little, if any, help in determining the definition +The Copyright Act is of little, if any, help in determining the definition of a derivative work of software. However, the applicable provisions do provide some, albeit quite cursory, guidance. Section 101 of the Copyright Act sets forth the following definitions: