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

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Message-ID: <20070614025640.GQ3588@stusta.de>
Date:	Thu, 14 Jun 2007 04:56:40 +0200
From:	Adrian Bunk <bunk@...sta.de>
To:	Daniel Hazelton <dhazelton@...er.net>
Cc:	Alexandre Oliva <aoliva@...hat.com>,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	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 Wed, Jun 13, 2007 at 10:43:14PM -0400, Daniel Hazelton wrote:
> On Wednesday 13 June 2007 22:08:27 Adrian Bunk wrote:
> > On Wed, Jun 13, 2007 at 09:40:13PM -0400, Daniel Hazelton wrote:
> > > On Wednesday 13 June 2007 21:24:01 Adrian Bunk wrote:
>...
> > > > Either private keys required to run the kernel on the hardware are
> > > > always considered part of "the complete source code" or they are never
> > > > part of it.
> > >
> > > No. It all depends on the use-case. If the hardware is designed for the
> > > user to install their own, custom versions of the code on then the
> > > signing keys are part of the source as defined by the GPLv2.
> > >
> > > If, OTOH, the hardware was never meant for the end-user to install custom
> > > versions of the software on, then while the signing keys are still
> > > *technically* part of the source, in practice they are not. Why? Because
> > > in most of those cases the end-user isn't granted the right to install
> > > and run custom binaries on the hardware. If the manufacturer provided the
> > > signing keys they'd be facilitating the commission of a crime. (call it
> > > "Breach of Contract")
> > >...
> >
> > Repetition doesn't let wrong things become true.
> >
> > Where does the GPLv2 talk about the distinction you are trying to make
> > based on distributor intentions?
> >
> > We are talking about the GPLv2 licence text, not about what you would
> > personally prefer.
> 
> The GPLv2 doesn't have to cover this distinction to make it a reality. This 
> distinction is *EXACTLY* the type of distinction a lawyer will make when 
> arguing the point.
>...

Reality check:

Harald convinced companies that they have to provide the private keys 
required to run the Linux kernel they ship on their hardware.

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed

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