@@ -1450,6 +1450,38 @@ detailed software derivative work analysis. Most often, cases involve
clearer basis for decision, including frequent bad faith on the part of
the defendant or over-aggressiveness on the part of the plaintiff.
\section{How Much Do Derivative Works Matter?}
It is certainly true that GPL intends for any work that is determined a
``derivative work'' under copyright law must be licensed as a whole under
GPL\@, as will be discussed in the following chapter. However, as we finish
up our discussion derivative works, we must note that preparation of a
derivative work is by far not the only way to create a new work covered by
GPL\@.
In fact, while derivative work preparation is perhaps the most exciting area
of legal issues to consider, the more mundane ways to create a new work
covered by GPL are much more common. For example, copyright statutes
generally require permission from the copyright holder to grant explicit
permission to modify a work in any manner. As discussed in the next chapter,
the GPL {\em does} grants such permission, but requires the modify work must
also be licensed under the terms of the GPL (and only GPL:
see\S~\label{GPLv2s6} in this tutorial). Determining whether software was
modified is a substantially easier analysis than the derivative work
discussions and considerations in this chapter.
The question of derivative works, when and how they are made, is undoubtedly
an essential discussion in the interpretation and consideration of copyleft.
That is why this chapter was included in this tutorial. However, as we
return from this digression and resume discussion of the detailed text of the
GPLv2, we must gain a sense of perspective: most GPL questions center around
questions of modification and distribution, not preparation of derivative
works. Derivative work preparation is ultimately a small subset of the types
of modified versions of the software a developer might create, thus, while an
excessive focus on derivative works indulges us in the more exciting areas of
copyleft, we must keep a sense of perspective regarding their relative
importance.
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\chapter{Modified Source and Binary Distribution}