Is inherited class a derivative work?

Michael Beck mbeck1 at
Wed Oct 24 13:07:34 UTC 2001

> -----Original Message-----
> From:  Rob Myers
> Sent: Wednesday, October 24, 2001 08:54

> Unless they distribute your code without negotiating a deal
> with you (which
> is piracy), people will still need to buy your class in order
> to use the
> oo-derived class. So this would drive sales of your work and
> increase your
> profits rather than reduce them.

That doesn't matter. The issue is legal, i.e. does the author holds the right to
future releases of the grid, or can anyone develop new versions of the grid by
using inheritance?

In FormGen the court decided for FormGen:

"Finally, by selling N/I, Micro Star "impinged on [FormGen's ] ability to market
new versions of the story." Stewart, 495 U.S. at 238; see also Twin Peaks
Productions, Inc. v. Publications Int'l, Ltd., 996 F.2d 1366, 1377 (2d Cir.
1993). Only FormGen has the right to enter that market; whether it chooses to do
so is entirely its business. "


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