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That's an interesting analysis.

That directive is usually understood to be about reverse engineering in order to build compatible software: "to obtain the necessary information to achieve the interoperability of an independently created program with other programs" being a key bit.

It's not immediately clear to me - a programmer but not a lawyer - that this has any bearing on whether linking creates a derivative work.

Have any other experts, or courts, weighed in on whether this analysis is sound?



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