721.2 What Is a Derivative Computer Program?
A derivative computer program is a program that is "based upon one or more preexisting works." 17 U.S.C. § 101 [definition of "derivative work"]. Typically, a derivative computer program is a new version of a preexisting program, or a program that contains material from a preexisting work that has been revised, augmented, abridged, or otherwise modified such that the modifications as a whole represent an original work of authorship.
Example:
• Telamon Software submits an application to register a computer program titled Ajax 4.0. The program corrects certain problems found in previous versions of the same program. For instance, it increases the number of file formats that can be processed by the program, it doubles the speed for decoding graphics, and it allows the program to work with other types of graphics cards and semiconductor chips. Ajax 4.0 would be considered a derivative computer program. See Montgomery v. Noga, 168 F.3d 1282, 1290- 91 (11th Cir. 1999].
721.3 What Is Source Code?
Source code is a set of statements and instructions written by a human being using a particular programming language, such as C, C++, FORTRAN, COBOL, PERL, Java, Basic, PASCAL, LISP, LOGO, or other programming languages. Typically, these statements are comprehensible to a person who is familiar with the relevant programming language, but they are not comprehensible to a computer or other electronic device. In order to convey these statements and instructions to a machine, the source code must be converted into object code. This conversion is performed by a separate program within the computer, which is known as an interpreter, assembler, or compiler. See Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240, 1243 (3d Cir. 1983]; Williams Electronics, Inc. v. Artie International, Inc., 685 F.2d 870, 876 n.7 (3d Cir. 1982] (quoting the CONTU Report at 21 n. 9, 28].
721.4 What Is Object Code?
Object code is the representation of a computer program in a machine language consisting of the numbers zero and one [i.e., binary coding], the numbers zero through seven [i.e., octal coding], or a combination of letters and numbers [i.e., ASCII or hexadecimal coding]. Object code is comprehensible to a computer or other electronic device, but as a general rule, it is not directly comprehensible to human beings. See Apple Computer, 714 F.2d at 1243.
721.5 Relationship Between Source Code and Object Code
The U.S. Copyright Office views source code and object code as two representations of the same work. See GCA Corp. v. Chance, 217 U.S.P.Q. 718, 719-20 (N.D. Cal. 1982] ([b]ecause the object code is the encryption of the copyrighted source code, the two are to be treated as one work..."].
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