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cestithtoday at 2:26 PM1 replyview on HN

It wasn’t written by a mechanical process, though. It was ported (translated) from an existing creative work into a new language.

Surely you wouldn’t say a Spanish translation of a Harry Potter work is in the public domain while the original work is under copyright?


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otterleytoday at 3:01 PM

I would agree with you but for the author’s attempt to publish it under a new license. I think they can either claim it’s a new work (in which case it’s public domain) or claim it’s a derivative work (in which case I don’t think they can change the license).

I imagine a court would call it a derivative work if tested.

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