Re:Rockstar is selling cracked game copies on Steam
by lmm on Tuesday September 05, 2023 @08:33PM
(#37399820)
> If the patch is distributed on its own, without the original binary, is it still a derivative work?
Yes, just as annotations are recognised as being a derivative work even without the original.
> Is the unique, creative work of writing "perform XYZ instruction at XYZ address," in lieu of the original executable, still derivative?
If you can convince a judge that, on the balance of probabilities, you were divinely inspired to write it with no connection to the original executable, then it's not derivative. But good luck with that.
Yes, just as annotations are recognised as being a derivative work even without the original.
> Is the unique, creative work of writing "perform XYZ instruction at XYZ address," in lieu of the original executable, still derivative?
If you can convince a judge that, on the balance of probabilities, you were divinely inspired to write it with no connection to the original executable, then it's not derivative. But good luck with that.