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

From: Alexandre Oliva
Date: Fri Jun 15 2007 - 17:46:38 EST

On Jun 15, 2007, Daniel Hazelton <dhazelton@xxxxxxxxx> wrote:

> On Friday 15 June 2007 15:37:04 Alexandre Oliva wrote:
>> On Jun 15, 2007, Daniel Hazelton <dhazelton@xxxxxxxxx> wrote:
>> > On Friday 15 June 2007 02:59:31 Jesper Juhl wrote:
>> >> it doesn't say anything about being able to run a compiled version
>> >> of that source on any specific hardware.
>> >
>> > And you are correct. It is also clear, thanks to language directly
>> > in the GPLv2 itself, that there is no "intent" of the license to
>> > cover that situation.
>> You're again confusing legal terms with the intent. The legal terms
>> provide an indication of the intent, but the preamble, along with the
>> free software definition it alludes to, do an even better job at that.

> And the preamble, not being part of the active portion of the license, has
> absolutely *ZERO* bearing. Just as it is not the *intent* of RMS, the FSF or
> *ANY* person (or legal entity) that had a hand in crafting the GPLv2 or GPLv3
> which is looked at when determining the "intent" of the license. It is the
> intent of the person and/or "legal entity" that has placed their work under
> said license.

No disagreement. You keep forgetting that I'm not here to say what
Linux licensing means or doesn't mean.

I'm here to point out that GPLv3 does not break the spirit of the GPL.

> What is so hard to understand about that ?


> (Note that, since the "signing" of the TiVO kernel is part of the
> installation they *should* be including the script that does the
> signing. However, since the SHA1 key that is part of the signing
> process is *not* a "script" (even in the loosest possible definition
> of the term) they do not have to provide it.)

It's not build script, it's just regular source code, indeed.

Alexandre Oliva
FSF Latin America Board Member
Red Hat Compiler Engineer aoliva@{,}
Free Software Evangelist oliva@{,}
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