linux-kernel - Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

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Message-ID: <20070611034234.GA32558@kroah.com>
Date:	Sun, 10 Jun 2007 20:42:34 -0700
From:	Greg KH <greg@...ah.com>
To:	Alan Cox <alan@...rguk.ukuu.org.uk>
Cc:	debian developer <debiandev@...il.com>,
	linux-kernel@...r.kernel.org,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	Andrew Morton <akpm@...ux-foundation.org>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

On Sun, Jun 10, 2007 at 09:54:58PM +0100, Alan Cox wrote:
> > > GPLv2 probably forbids Tivoisation anyway. Which is good IMHO even if not
> >               ^^^^^^^^
> > 
> > Now that is a bit waving in the air. GPLv2 forbids Tivoisation
> > theoretically but practically it didnt stop them doing it practically.
> 
> They've never been given permission and there is no caselaw yet, doesn't
> mean they are allowed to.

Are you sure?  Tivo went and got a FSF "verification" of their system a
number of years ago and got their blessing that what they were doing was
just fine with regards to the GPLv2.

This is one reason Tivo's lawyers were so perplexed when the FSF then
turned around and made their company's name into a term to describe DRM
stuff and started preaching how it was so bad.  It seemed to be in
direct crontridiction from what they had previously been told by the
very same people.

Now yes, they didn't consult with the individual owners of the kernel,
who might hold different views as to if v2 covers keys like you have
stated in the past, but the FSF's position in this area does hold some
ammount of weight, especially in court if it were to come to that.

thanks,

greg k-h
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