Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1759426AbXFNBkB (ORCPT ); Wed, 13 Jun 2007 21:40:01 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1757606AbXFNBjz (ORCPT ); Wed, 13 Jun 2007 21:39:55 -0400 Received: from bee.hiwaay.net ([216.180.54.11]:50961 "EHLO bee.hiwaay.net" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1756131AbXFNBjy (ORCPT ); Wed, 13 Jun 2007 21:39:54 -0400 X-Greylist: delayed 458 seconds by postgrey-1.27 at vger.kernel.org; Wed, 13 Jun 2007 21:39:54 EDT Date: Wed, 13 Jun 2007 20:32:14 -0500 From: Chris Adams To: linux-kernel@vger.kernel.org Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 Message-ID: <20070614013214.GA1124293@hiwaay.net> References: Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: User-Agent: Mutt/1.4i Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1305 Lines: 28 Once upon a time, Alexandre Oliva said: > if you distribute copies of such a program, [...] > you must give the recipients all the rights that you have > >So, TiVo includes a copy of Linux in its DVR. > >TiVo retains the right to modify that copy of Linux as it sees fit. > >It doesn't give the recipients the same right. Sure it does; you received a program (the kernel) and you can modify it. You also received hardware; they don't support modification of that. Nowhere in the license does it say they have to, because the license only covers the program. Or are you claiming that putting software on hardware makes the result a derivative work? I think it falls under the "mere aggregation" clause. What if TiVo had put the kernel in a burned-in ROM (not flash, or on a flash ROM with no provision for reprogramming it)? Would that also violate the "spirit" of the GPL? Must any device that wishes to include GPL code include additional hardware to support replacing that code (even if that hardware is otherwise superfluous)? - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/