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Thanks for this. I would be interested to know if, in practice (in a court of law), attempt to show something is derivative work when it's not is a more common

Thanks for this. I would be interested to know if, in practice (in a court of law), attempt to show something is derivative work when it's not is a more common instance than when it actually is. How easy (or hard) is it to prove something is a derivative work? (i am especially thinking of 2 pieces of code doing basically the same thing with the same algorithm, no patents)

bhouston 12y ago
There is done of case law regarding derivative works both in general as well as software. Some high profile examples: https://en.wikipedia.org/wiki/Oracle_v._Google https://en.wikipedia.org/wiki/Oracle_v._Google https://en.wikipedia.org/wiki/SCO%E2%80%93Linux_controversies https://en.wikipedia.org/wiki/SCO%E2%80%93Linux_controversie... There are tons and tons of cases in this area.