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Date:	Wed, 20 Jun 2007 20:41:49 -0700 (PDT)
From:	david@...g.hm
To:	Michael Poole <mdpoole@...ilus.org>
cc:	davids@...master.com, linux-kernel@...r.kernel.org
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

On Wed, 20 Jun 2007, Michael Poole wrote:

> david@...g.hm writes:
>
>> if the GPL can excercise control over compilations, then if Oracle
>> were to ship a Oracle Linux live CD that contained the Oracle Database
>> in the filesystem image, ready to run. then the GPL would be able to
>> control the Oracle Database code.
>
> By copyright law, it could.  By its language, it does not.

many people (including many lawyers will disagree that it could by 
copyright law

>> if the GPL can't do this then it can't control the checksum either.
>>
>> again, it's not just the kernel that's part of the checksum on a tivo,
>> the checksum is over the kernel + initial filesystem, much of which
>> contains code not covered by the gPL)
>
> Again, did you miss where I pointed out that this makes it *worse* for
> Tivo, because they are tying together -- and making inseparable -- a
> combination that would otherwise be "mere aggregation"?

and it makes most distro CD's illegal since they contain code under 
different incompatible licenses and they make a checksum across the entire 
CD image.

David Lang
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