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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    > powerful.  It is pretty obvious that when Linus adopted GPLv2 he
    > didn't realize it reached that point. That when Tivo invented
    > Tivoization, he decided he wanted to permit this, and thus grants an
    > implicit additional permission for anyone to do it with his code,
    > doesn't mean other participants in the Linux community feel the same
    > way, or read the GPLv2 the same way, and could be somehow stopped from
    > enforcing the license the way they meant it.

    The thing is, what matters in copyright and licencing matters is what
    the author of the code understands, no the licence's author, if
    ambiguous. And the kernel's rights holder is Linus. The authors of the
    particular bits of code can complain about what tivo's doing, but
    since TiVo's using the linux kernel, and GPLv2 says

    "These requirements apply to the modified work as a whole. If
    identifiable sections of that work are not derived from the Program,
    and can be reasonably considered independent and separate works in
    themselves, then this License, and its terms, do not apply to those
    sections when you distribute them as separate works. But when you
    distribute the same sections as part of a whole which is a work based
    on the Program, the distribution of the whole must be on the terms of
    this License, whose permissions for other licensees extend to the
    entire whole, and thus to each and every part regardless of who wrote it."

    Linus has the last word on it. IANAL, but as far as I can tell this
    reads as "this licence applies to the whole, not to the parts by
    themselves", and so does who the "holder" is, I'd believe.

    So if you own a part of the kernel, then you can pursuit TiVo on your
    own, if they did direct use of that part especifically and break (in
    your opinion) what you feel GPLv2 means. You can form the CATV2
    (CodersAgainstTiVo v2) and try to get TiVo to stop using the Linux
    Kernel for their product (because, believe me, they WON'T release the
    keys). Yeay, we lost Tivo's improvements on the kernel, and the
    posibility of having a working kernel if anyone feels like
    back-ingeneering TiVo for their own amusement.

    T

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