Messages in this thread | | | From | Daniel Hazelton <> | Subject | Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 | Date | Thu, 14 Jun 2007 15:55:43 -0400 |
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On Thursday 14 June 2007 12:06:31 Kevin Fox wrote: > On Wed, 2007-06-13 at 20:42 -0400, Daniel Hazelton wrote: > <SNIP> > > > > Do you deny that TiVo prevents you (or at least a random customer) > > > from modifying the copy of Linux that they ship in their DVR? > > > > Exactly. They don't. What TiVO prevents is using that modified version on > > their hardware. And they have that right, because the Hardware *ISN'T* > > covered by the GPL. > > The hardware isn't directly covered by the GPL, correct. But, if they > want to use the software on the hardware, they have to comply with the > GPL. The software license can then influence hardware IF they want to > use it badly enough.
Until GPLv3 there was no requirement that the modified code be able to operate on any given device - even the one its designed for. Claiming otherwise seems stupid to me, almost ridiculous.
> For example, the hardware is perfectly capable of being used to break > the terms of the GPL by being used to distribute a modified binary > without releasing the source. But the hardware's behavior is restricted > by the software for the betterment of all.
But this can be done *NOW* - has been done by at least one company, IIRC. (and, IIRC again, they didn't so much as "not release the modified version" as "not release all tools/scripts/installation/build instructions")
> This whole argument is about the spirit of the GPL. Linus and others > think the spirit is one thing, the FSF guys think its something else. > Since the license is clearly owned by the FSF, I think they get the > final vote on what they "intended" it to be when they wrote it, no? If > they say they intended it to not allow Tivoization then believe them, > because they are the only ones that know what they were thinking when > they wrote it! The GPLv2 seems to allow it though. If Linus and friends > want to allow it, then they can stay with the GPLv2. For those who want > to disallow Tivoization, choose v3. No worries guys. > > > Do you understand that, or do I need to break out the finger-puppets next > > ? > > Guys, we are all friends here. No reason to be so insulting. Its just a > difference of opinion. People seem to be talking past each other instead > of to one another. This usually happens when people are basing their > underlying assumptions on different things and not listening to the > other. Please take a step back and think about it.
I noticed that ten or twenty messages after I made that comment. In truth, the reason I made it was, and is, because I am tired of explaining the fact that there is no "one" interpretation of the GPLv2 - or any license - *UNLESS* it has been ruled on by a court. And even then, the courts ruling only applies to the parts of the license that were in contention before it.
DRH
> <SNIP>
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