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And on the issue of scrambled works being derived works, let me just point out, that by that logic every book is a derived work of every other book, since there exists an algorithm that maps every book to every other book, and there is no way to prove that such an algorithm was not used in creating any given book.
I'm pretty sure that a work can only qualify as a derived work if it bears some resemblance to the original work, regardless of what process was used to create the new work. In other words, copyright law says nothing about the process used to derive works, only about the end result of the process.
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