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Date: Thu, 14 Jun 2007 16:29:28 -0400 From: Florin Malita <fmalita@...il.com> To: Alexandre Oliva <aoliva@...hat.com> CC: Daniel Hazelton <dhazelton@...er.net>, Linus Torvalds <torvalds@...ux-foundation.org>, Adrian Bunk <bunk@...sta.de>, Alan Cox <alan@...rguk.ukuu.org.uk>, 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 On 06/14/2007 02:27 PM, Alexandre Oliva wrote: >> No, by this twisted logic Tivo *cannot* modify that particular copy >> any more than you can. They can modify *another* copy (just like you) >> and they can *replace* the copy in your device with the new version >> (unlike you). >> > > Again, replacing is one form of modification. > No, it's not: replacing does not create derivative work. Modification does. You've chosen to attach a physical dimension to "program copy" and I'm arguing that even under this distorted line of reasoning you can't support your position: > The customer gets the copy that TiVO stored in the hard disk in > the device it sells. And it's that copy that the customer is entitled > to modify because TiVO is still able to modify it. * Tivo takes public sources, modifies them and builds a brand new blob * Tivo installs this new copy on the device, most likely side-by-side with the old one - notice how the new copy is derived from public sources and has absolutely nothing to do with the old version (heck, it can be a totally different kernel for what it's worth) * Tivo deletes the old copy from the device It seems pretty obvious that the only right Tivo is withholding is the right to install new versions on the device - they never do (and really never could) "modify" the physical copy on your device (which is your main argument). > What do you think you do when you save a modified source file in your > editor? Don't skip the part where the in-memory version started as an exact copy of the original being replaced. Notice the difference? ;) --- fm - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@...r.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
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