The right answer is probably expressed in this post: The lawyer's answer: "it depends".
I point you to this post for the 'derivative work' position, "Good patches need to include some of the original code to be able to apply with context. . . To me they sound like they are a dirivitive[sic] work." I also liked this point: "...what is the
end result after a patch is applied. It is without arguement[sic] a derivative work covered by the original codes' license." I hadn't really thought of it that way that clearly, but I believe that it is true for Third Voice as well: "What is the end result of Third Voice's manipulations? It is without argument a derivative work covered by the original expression's copyright."
(Note that not all of them apply, as programs aren't exactly the same things as communications in general, but some still apply.)
As The Register in the tagline for this article: "Sony may fix copy protection in mass PS2 recall: Don't send them back".
Also amusing: "'We have not launched a recall or stopped shipments, although we can't completely dismiss for now the possibility of a recall,'" a Sony spokesman said." Combined with the fact that the DVD software is getting over-written by some Playstation 2 games, it's getting increasingly difficult for Sony to avoid a recall on this system that is very importent to their console gaming plans.
Hah! This is funny not because of the flaw; many other DVD players can be easily manipulated to remove copy-protection and watch DVDs from other regions. It's funny because Sony is one of the leaders of the consortium that created the rules in the first place! Sony can't even follow the rules.
Another PlayStation2 Flaw: "Sony's gamemaking unit, Sony Computer Entertainment, said it had found users of PS2 -- launched two weeks ago in Japan amid huge publicity and frenzied demand -- could manipulate it to watch DVD software sold overseas. "
Microsoft Patents Ones, Zeroes: "REDMOND, WA--In what CEO Bill Gates called "an unfortunate but necessary step to protect our intellectual property from theft and exploitation by competitors," the Microsoft Corporation patented the numbers one and zero Monday."
Salon Technology | Patently Bezos: "When Amazon CEO Jeff Bezos laid out his proposals for reforming the patent system last week, patent experts reacted with the same lack of enthusiasm the bookseller's competitors showed when it won a patent on its customer-referral program. After all, Bezos' plan, like some of his company's e-commerce patents, did not sound all that novel to people familiar with the subject."
Hello! Wired's look seems OK on first blush... we'll see how it works out.