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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    Ingo Molnar writes:

    > this is largely irrelevant to my argument: the FSF is clearly trying to
    > extend the scope of the GPL to restrict the distribution of certain
    > hardware+software combinations. The FSF is not really arguing that the
    > boundary between software and hardware is diffuse. (which btw. it
    > clearly is) The FSF simply wants to be able to say via the GPLv3: "to be
    > able to distribute GPL-ed software, the hardware is required to do this
    > and this".

    Most people arguing for the expansive interpretation do not really
    care what hardware is combined with what software. They care about
    the ability for the user (in the GPLv2's terms, someone who receives
    GPL'ed software) to have comparable ability to modify and
    (re-)distribute the software as the software distributor does. The
    issue of GPLed software on DRMed hardware applies equally to digital
    video recorders, where the hardware and software distributor are
    usually the same, and video game consoles, where they are not.

    There is no good reason to treat a "GPL-incompatible" hardware
    platform (for example, incompatible due to restrictions on the keys to
    generate digital signatures) differently than a "GPL-incompatible"
    patent area. If a software distributor cannot simultaneously comply
    with the GPL and his other obligations, he should either not
    distribute the software or be prepared to face the liability from
    breaching his obligations.

    Michael Poole
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