Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

From: Kevin Fox
Date: Thu Jun 14 2007 - 13:15:33 EST

On Wed, 2007-06-13 at 20:42 -0400, Daniel Hazelton wrote:
> >
> > Do you deny that TiVo prevents you (or at least a random customer)
> > from modifying the copy of Linux that they ship in their DVR?
> Exactly. They don't. What TiVO prevents is using that modified version on
> their hardware. And they have that right, because the Hardware *ISN'T*
> covered by the GPL.

The hardware isn't directly covered by the GPL, correct. But, if they
want to use the software on the hardware, they have to comply with the
GPL. The software license can then influence hardware IF they want to
use it badly enough.

For example, the hardware is perfectly capable of being used to break
the terms of the GPL by being used to distribute a modified binary
without releasing the source. But the hardware's behavior is restricted
by the software for the betterment of all.

This whole argument is about the spirit of the GPL. Linus and others
think the spirit is one thing, the FSF guys think its something else.
Since the license is clearly owned by the FSF, I think they get the
final vote on what they "intended" it to be when they wrote it, no? If
they say they intended it to not allow Tivoization then believe them,
because they are the only ones that know what they were thinking when
they wrote it! The GPLv2 seems to allow it though. If Linus and friends
want to allow it, then they can stay with the GPLv2. For those who want
to disallow Tivoization, choose v3. No worries guys.

> Do you understand that, or do I need to break out the finger-puppets next ?

Guys, we are all friends here. No reason to be so insulting. Its just a
difference of opinion. People seem to be talking past each other instead
of to one another. This usually happens when people are basing their
underlying assumptions on different things and not listening to the
other. Please take a step back and think about it.

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