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    SubjectRe: Monta Vista software license terms
    David Schwartz wrote:
    > 1) I have all the rights to the difference between the original work
    > and the derived work. (Since I made the derived work, I must.)

    The logic of derivation does not work like that.
    You don't have all the rights to the difference.

    It is not a case of B = C - A. People do not own individual lines or
    bytes of the source code. (Sometimes they do, but often they don't).

    The "difference" between the original work and the derived work is
    _itself_ a derived work, because you can't possibly *create* a diff
    without deriving from the original work.

    In the act of you creating the diff you must have worked from the
    original GPL'd work, so the diff is derived from that, as well as from
    your original work. When you write "diff -ur orig-kernel my-kernel
    >file", the output from that command is a derived work of the
    orig-kernel directory.

    This is true even if you didn't copy any context lines from the
    original tree.

    That means your difference is covered by the GPL, even though you
    wrote the changes.

    (If you did manage to write the same diff working from other sources,
    or if the diff only makes "fair use" of the original, that would be
    different. But any large, complex diff such as a patch to the Linux
    VM simply cannot be written without starting from the original Linux VM
    code. It is a question of how well the glove fits the hand, as it were).

    (If the difference was just whole files using a well defined
    interface, such as a device driver or filesystem, your point seems
    quite applicable though.)

    -- Jamie
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