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

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Date:	Thu, 14 Jun 2007 02:16:19 +0100
From:	Alan Cox <alan@...rguk.ukuu.org.uk>
To:	Daniel Hazelton <dhazelton@...er.net>
Cc:	Alexandre Oliva <aoliva@...hat.com>,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	Greg KH <greg@...ah.com>,
	debian developer <debiandev@...il.com>, david@...g.hm,
	Tarkan Erimer <tarkan@...one.net.tr>,
	linux-kernel@...r.kernel.org,
	Andrew Morton <akpm@...ux-foundation.org>, mingo@...e.hu
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

> > Only courts of law can do that.
> 
> Wrong! Anyone with half a brain can make the distinction. What TiVO did is 

Maybe half a brain can, but anyone with a whole brain can assure you its
a bit more complex and you are wrong..

> version of it that we provide on our hardware". Why is that legal? Because 
> TiVO produces the hardware and sells it to you with a certain *LICENSE* - 

The keys required to make the code run with the hardware are part of the
software. The license requires the software and relevant scripts etc are
included. Thus there is a very good argument that the keys are part of
the software.

And since there is no court ruling to high enough level in the USA, UK or
any other jurisdiction on that it remains a matter of opinion.

Tivo may control the hardware but the authors control the software (via
the GPL), and subject to the limits of what may be specified by a
copyright license (as opposed to contract) can make such demands as they
see fit about their software and anything derivative of it.

> because it does contain hardware covered under any number of patents. That 
> license grants you the right to use the patents - in this case algorithms - 

You can't patent algorithms either

Alan
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