Copyright's reach is already far too broad, and courts have no business expanding it any further, particularly where that reframing will undermine adversarial interoperability.
If a work is derivative, it may infringe the copyright in the preexisting work from which it, well, derives. For decades, software developers have relied, correctly, on the settled view that a work is not derivative under copyright law unless it is 'substantially similar' to a preexisting work in both ideas and expression.
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