GPL with the Classpath exception - clarification needed

[John Cowan]

Alon von Bismark scripsit:

> Please note in advance that a derivative work, under 17 U.S.C 103,
> encompassed only "editorial revisions, annotations, elaborations, or
> other modifications, which, as a whole, represent an original work of
> authorship"

Those words appear not in § 103 but in § 101.  Furthermore, you quote
them as if they constituted a definition rather than an example, and
your use of "only" is downright misleading, to say nothing worse.

The full text of the definition is:

        A "derivative work" is a work based upon one or more preexisting
        works, such as a translation, musical arrangement, dramatization,
        fictionalization, motion picture version, sound recording,
        art reproduction, abridgment, condensation, or any other form
        in which a work may be recast, transformed, or adapted. A work
        consisting of editorial revisions, annotations, elaborations,
        or other modifications, which, as a whole, represent an original
        work of authorship, is a "derivative work".

Removing elements that are merely exemplary, we get:

        A "derivative work" is a work based upon one or more preexisting
        works [in] any form in which a work may be recast, transformed,
        or adapted.

That is extremely general; indeed, too general to be taken literally.

> meaning that the preexisting material remains unaffected by the
> copyright in a derivative work.

If by that you mean that the copyright on the derivative work is
independent of the copyright on the original work, provided the derivative
work was made under license, you are correct.

If you mean that the copyright of the derivative work extends only to
the differences between it and the original, you are mistaken.

If you mean something else, I cannot conceive of what it is.

-- 
If I read "upcoming" in [the newspaper]              John Cowan
once more, I will be downcoming                      http://www.ccil.org/~cowan
and somebody will be outgoing.                       cowan at ccil.org