>>8
They only apply cleanly for whatever specific version of the kernel that particular version of the patch is for.
Patches are derivative works "even if" they don't contain the original source code (programmers claim otherwise: because programmers are Dunning Kruger effected pieces of pompous shit who don't know what they don't know) (An example: I probably spelt the name of the effect wrong)
Section 101 of the US Copyright Act
A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.”
https://www.copyright.gov/circs/circ14.pdf
Right to Prepare Derivative WorksOnly the owner of copyright in a work has the right to pre-pare, or to authorize someone else to create, an adaptation of that work. The owner of a copyright is generally the author or someone who has obtained the exclusive rights from the author. In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such mate-rial has been used unlawfully. The unauthorized adaptation of a work may constitute copyright infringement.