As you said, under "17 USC 109", the patch of the GPL software is
   not a copy or a derivative work of the GPL software, so, I can
   distribute the patch under whatever license I want, right? The
   patch should not be limited by the software license which I patched
   for, right?

Ask yourself the following, and all your questions will be answered:
Does the patch work without the GPLed software?  If it doesn't, then
it is clearly a deriviate work.  The opposite isn't true in all cases,
and requires a more detailed explanation about the patch and how it
interacts with the GPLed program.



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