Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
From: Daniel Hazelton
Date: Thu Jun 14 2007 - 19:18:45 EST
On Thursday 14 June 2007 14:35:29 Alexandre Oliva wrote:
> > So let's look at that "section 6" that you talk about, and quote the
> > relevant parts, will we:
> > You may not impose any further restrictions on the recipients'
> > exercise of the rights granted herein.
> > and then let's look at Red Hat sending me a CD-ROM or a DVD.
> > Now, Red Hat clearly *did* "further restrict" my rights as it pertains TO
> > THAT COPY ON THE CD-ROM! I cannot change it! Waa waa waa! I'll sue your
> > sorry ass off!
> Red Hat is not stopping you from making changes. The media is, and
> that's not something Red Hat can control.
TiVO isn't stopping you from making changes - the *media* is. (in this case
the "Media" isn't even doing as much as a CD-ROM does. The only thing a TiVO
box restricts is which binaries it will execute as the operating system)
> Compare this with the TiVO. TiVO *designs* the thing such that it can
> still make changes, but customers can't.
> That's the difference.
No, it isn't. Look at any motherboard. The Bios on the last three or four
motherboards I've purchased check for a digital signature on the Bios
updates. The motherboard manufacturer can make changes, but the customer
can't. Is there any difference? Nope.
> TiVO is using hardware to "impose further restrictions on the
> recipients' exercise of the rights granted herein", and this violates
> section 6 of GPLv2.
No, they don't. The GPLv2 makes no provisions for you being able to execute a
modified copy of the code on the same media or hardware that you received it
on. The fact is that claiming it was "the spirit" doesn't matter at all -
this isn't philosophy you're arguing, its *LAW*, and in law, if it isn't
clearly spelled out, it doesn't exist.
> > See the issue? You are continually making the mistake of thinking that
> > the GPLv2 talks about individual copies of software.
> It does. You're making the mistake of thinking that it doens't. And
> even in the legal terms that you claimed to have understood so
> > The rights granted are the rights to "distribute and modify the
> > software".
> More specifically, some of the rights are:
> copy and distribute verbatim copies of the Program's source code as
> you receive it
> modify your copy or copies of the Program or any portion of it, thus
> forming a work based on the Program, and copy and distribute such
> modifications or work
And where does it say that you even have the right to run the "work based on
the Program", or even a self-compiled copy of the "verbatim copy of the code"
on any given piece of hardware?
> > But by "the software", the license is not talking about a particular
> > *copy* of the software, it's talking about the software IN THE ABSTRACT.
> Please read it again.
Done. Section 3 of GPLv2 covers the right to distribute "object code" forms of
a licensed work. At no point does it even *mention* that, if the object code
form comes on a device capable of executing it, you have to give the right to
execute a modified form of the work on the same platform. If this has been
the "intent and spirit" of the license from the beginning, it should be there
Dialup is like pissing through a pipette. Slow and excruciatingly painful.
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