There seems to be a huge legal grey area around what constitutes a
derivative work, as much as the authors of licenses like the GPL would
like people to believe their particular interpretation. For a
somewhat more in-depth look at the issues, check out the article here:
http://www.law.washington.edu/lta/swp/law/derivative.html
To quote without much context: "[...] framing the question in this
manner has been unfortunate, because it focuses the inquiry upon the
mechanism of inter-module communication rather than on the more
metaphysical - and legally significant - inquiry into whether one
module is in fact a derivative of the other. And as we have seen
above, courts answer this question not by reference to the technology
underlying the work but by reference to qualities such as
incorporation and substantial similarity, tempered by subject matter
limitations, fair use defenses, and public policy rationales."
US copyright law makes it clear that a translation is a derivative
work, so the status of a t-SNE port isn't in question (the answer may
be different in another jurisdiction!). However, if you read a piece
of code, and then implement something similar a day later without
further reference to the original, is it a derivative work? How about
a month or a year later? The answer seems rather simple in either
limit, but there seems to be plenty of room for legal grey area in the
middle.
~Chris