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

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Message-ID: <MDEHLPKNGKAHNMBLJOLKEEEFELAC.davids@webmaster.com>
Date:	Mon, 18 Jun 2007 15:59:24 -0700
From:	"David Schwartz" <davids@...master.com>
To:	<david@...g.hm>, "Alexandre Oliva" <aoliva@...hat.com>
Cc:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: RE: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

> > But you're not the user of the software on my laptop.  I am.

> ahh, but by your own argument you aren't

Let's not confuse owner with user and let's not confuse ownership of
copyrights with ownership of particular copies.

> the software on your laptop is owned by people like Linus, Al Viro, David
> M, Alan Cox, etc.

No. The copyright to the software is owned by those people. But particular
copies of copyrighted items can be owned by other people.

> they have the right to put a license on that software that would require
> you to give them access to your hardware (after all, that's the argument
> that you are useing to justify requireing Tivo to give you access
> to their hardware)

That's right, they do have that right so long as they condition it on the
exercise of something I could not do without their permission. (Ignoring for
the moment the fact that the software is a derivative work of GPL'd
software.)

I'm not sure whether you think this disagrees with or refutes anything I've
said.

DS

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