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From "Dennis E. Hamilton" <dennis.hamil...@acm.org>
Subject RE: Derivative Works
Date Mon, 18 Feb 2013 17:17:44 GMT
Not speaking for the ASF and not being a lawyer, I am willing to say that
the general answer for the two cases mentioned is "yes."  (This is also, it
seems to me, the safe assumption whenever making modifications to a work
that is not your independent original creation.) 

Something being a derivative work has nothing to do with licenses.  It is a
derivative work if it is created by modification/combination of other
work(s).  The portions that are not original to the derivative are not the
intellectual property of the producer of the derivative.  Exclusive rights
of the original work's copyright holder will generally be applicable.

My statement is in no way an interpretation of the ALv2 license.  

 - Dennis

-----Original Message-----
From: Mark Thomas [mailto:markt@apache.org] 
Sent: Monday, February 18, 2013 01:28
To: Prashant Shah
Cc: legal-discuss@apache.org
Subject: Re: Derivative Works

On 18/02/2013 05:53, Prashant Shah wrote:
> Hi,
> 
> What classifies as Derivative work ? If there is a software 'X' under
> APL 2.0 distributed by Company 'C'. I download 'X' and make some fixes
> and still distribute it as 'X'. Does it become a Derivative Work ? If
> I make major modifications and distribute it as 'Y' under a different
> license does that make it a Derivate Work ?

The ASF does not offer legal opinions or advice to the public.

Those are all questions you need to ask your lawyer.

Mark


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