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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    Date
    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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