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

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Message-ID: <161717d50706192034l65287cfct58410f6887ec33a3@mail.gmail.com>
Date:	Tue, 19 Jun 2007 23:34:03 -0400
From:	"Dave Neuer" <mr.fred.smoothie@...ox.com>
To:	"Alexandre Oliva" <aoliva@...hat.com>,
	"Linus Torvalds" <torvalds@...ux-foundation.org>,
	"Al Viro" <viro@....linux.org.uk>,
	"Bernd Schmidt" <bernds_cb1@...nline.de>,
	"Alan Cox" <alan@...rguk.ukuu.org.uk>,
	"Ingo Molnar" <mingo@...e.hu>,
	"Daniel Hazelton" <dhazelton@...er.net>,
	"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>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

On 6/19/07, Jan Harkes <jaharkes@...cmu.edu> wrote:
>
> You keep referring to the four freedoms so I googled for them and found
>
>     http://www.gnu.org/philosophy/free-sw.html
>
> So which of the freedoms did Tivo take away?
>
>     * The freedom to run the program, for any purpose (freedom 0).
>
>     * The freedom to study how the program works, and adapt it to
>       your needs (freedom 1). Access to the source code is a
>       precondition for this.
>
>     * The freedom to redistribute copies so you can help your neighbor
>       (freedom 2).
>
>     * The freedom to improve the program, and release your improvements
>       to the public, so that the whole community benefits (freedom 3).
>       Access to the source code is a precondition for this.
>
> It doesn't seem to me they took away freedoms 1, 2 or 3. They released
> the source to any free software components and we can study, modify,
> redistribute, improve and release our improvements for the benefit of
> the whole community.
>
> btw. freedom 3 seems to be just repeating what we already got from
> freedoms 1 and 2.
>
> So the only one we could differ in opinion about is freedom 0. I would
> say that they in no way are limiting my use of the Linux kernel (which
> is the part I mostly care about) I can run the program for any purpose I
> see fit. What if I want to run mythtv on my PC at home? Tivo has no
> control whether or not I can do so even when my kernel contains any of
> their modification or improvements, so I claim that I in fact retained
> freedom 0.

Much as I hate to extend the life of this execrable thread, since I
think Alexandre makes Sisyphus look like a hard-nosed pragmatist, it
seems pretty clear that TiVO impinges "[my] freedom to run the
program, for any purpose" if "any purpose" includes "make my TiVO do
what I want," and likewise to "adapt it to [my] needs" -- freedoms 0
and part of 1. It is just disingenuous to argue otherwise.

Dave
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