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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    On 06/14/2007 02:27 PM, Alexandre Oliva wrote:
    >> No, by this twisted logic Tivo *cannot* modify that particular copy
    >> any more than you can. They can modify *another* copy (just like you)
    >> and they can *replace* the copy in your device with the new version
    >> (unlike you).
    >>
    >
    > Again, replacing is one form of modification.
    >

    No, it's not: replacing does not create derivative work. Modification does.

    You've chosen to attach a physical dimension to "program copy" and I'm
    arguing that even under this distorted line of reasoning you can't
    support your position:

    > The customer gets the copy that TiVO stored in the hard disk in
    > the device it sells. And it's that copy that the customer is entitled
    > to modify because TiVO is still able to modify it.

    * Tivo takes public sources, modifies them and builds a brand new blob
    * Tivo installs this new copy on the device, most likely side-by-side
    with the old one - notice how the new copy is derived from public
    sources and has absolutely nothing to do with the old version (heck, it
    can be a totally different kernel for what it's worth)
    * Tivo deletes the old copy from the device

    It seems pretty obvious that the only right Tivo is withholding is the
    right to install new versions on the device - they never do (and really
    never could) "modify" the physical copy on your device (which is your
    main argument).


    > What do you think you do when you save a modified source file in your
    > editor?

    Don't skip the part where the in-memory version started as an exact copy
    of the original being replaced. Notice the difference? ;)

    ---
    fm


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