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."