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

[David Schwartz]

> First, end users buy and use the hardware in question.  It does not
> belong to Tivo, so the analogy to his laptop fails there.

No, this is incorrect. They buy *some* of the rights to the hardware but not
all of them. Specifically, they do not buy the right to choose what software
runs on that hardware. That right is still owned by TiVo.

You can argue that TiVo is being dishonest, breaking the law, being immoral,
or whatever in retaining this right or in failing to disclose that they
retain it. But you cannot coherently deny that TiVo retains this right when
they sell certain other rights to the hardware.

I do in fact argue that there are things that are wrong with TiVo doing
this. But they are not GPL-related things. I would make these same arguments
if the TiVo contained no GPL'd software and I in fact do make them about
products like the Xbox.

DS


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