Messages in this thread | | | Date | Thu, 14 Jun 2007 16:29:28 -0400 | From | Florin Malita <> | Subject | Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 |
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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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