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

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Date:	Thu, 14 Jun 2007 00:00:17 -0400
From:	Valdis.Kletnieks@...edu
To:	Adrian Bunk <bunk@...sta.de>
Cc:	Daniel Hazelton <dhazelton@...er.net>,
	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 Thu, 14 Jun 2007 04:56:40 +0200, Adrian Bunk said:

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

No, the *real* reality check:

The operative words here are "convinced companies" - as opposed to "convinced
a judge to rule that private keys are required to be disclosed". (I just
checked around on gpl-violations.org, and I don't see any news items that say
they actually generated citable case law on the topic of keys...)

Harald convinced companies that it was easier/cheaper/faster to provide the
private keys than to continue in a long legal battle with an uncertain outcome.
If the company estimates the total loss due to keys being released is US$100K,
but the costs of taking it to court are estimated at US$200K, it's obviously
a win (lesser loss, actually) for the company to just fold.

Incidentally, this same logic is what drives the average successful patent
troll lawsuit - the sued company will buy a license for $25K, just because
they know that fighting the lawsuit will cost $100K and up.

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