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“The “Derivative Works” Question To be precise, it is not accurate to call the border dispute a question of what is a derivative work. If you look at the case law, you will find many cases that discuss how much variation in the original work is required to make a derivative work. This is not the question we are asking at all. We are asking what constitutes an infringing work versus a separate, noninfringing work. However, the question is usually cast as whether the Application and Library are a derivative work of the Application or a collective work.”
Heather Meeker, Open (Source) for Business: A Practical Guide to Open Source Software Licensing -- Second Edition
“Companies that release software under open source licenses should always ensure that the open source software is under a brand that is distinct from their other products. It can be tricky to maintain strong trademark rights in open source code, so if something goes wrong and the rights weaken, the company’s other products should not be compromised. For example, lots of companies like to call products “FOOBAR” and “Open FOOBAR” (or “FOOBAR Community Edition”). This works well for dual-licensing initiatives, but not for independent open source projects that will be primarily under community (rather than company) control. Companies releasing software for the purpose of starting a community project should choose a new brand for the project. When the project is no longer under company control, the trademark will no longer represent the company’s quality control and will therefore no longer be, strictly speaking, an appropriate product to bear a company mark.”
Heather Meeker, Open (Source) for Business: A Practical Guide to Open Source Software Licensing -- Second Edition


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Open (Source) for Business: A Practical Guide to Open Source Software Licensing -- Second Edition Open (Source) for Business
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