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

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Message-ID: <MDEHLPKNGKAHNMBLJOLKOEJHELAC.davids@webmaster.com>
Date:	Tue, 19 Jun 2007 10:50:30 -0700
From:	"David Schwartz" <davids@...master.com>
To:	"Nicolas Mailhot" <Nicolas.Mailhot@...oste.net>
Cc:	<linux-kernel@...r.kernel.org>
Subject: RE: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

> > The GPL was never about allowing you to load modified software
> > onto hardware
> > where the legitimate creators/owners of that hardware say, "no,
> > you may not
> > modify the software running on this hardware".

> Good try but you had to add creators there so the sentence actually
> supported your opinion. It's still an obvious alien insert.

It's simply shorter than saying "owners of the right or ability to decide
what software runs on that hardware".

The right to control the hardware vests originally with its owner/creator.
Tivo does not in fact transfer that right to the purchasers of their
hardware. (You can agree or disagree with this, but I don't think you can
coherently deny that they don't.)

The point is that GPL rights always applied equally to all hardware. Special
rights to run software on particular pieces of hardware are completely alien
to the original spirit of the GPL.

Someone has to decide what software runs on what hardware, and who makes
that decision can differ from the owner of the hardware for any number of
legitimate reasons. (And, IMO, for illegitimate reasons in the case of Tivo,
but that's not the issue here.)

DS

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