Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1764282AbXFSB0l (ORCPT ); Mon, 18 Jun 2007 21:26:41 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1758912AbXFSB0d (ORCPT ); Mon, 18 Jun 2007 21:26:33 -0400 Received: from mx1.redhat.com ([66.187.233.31]:36215 "EHLO mx1.redhat.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1759028AbXFSB0c (ORCPT ); Mon, 18 Jun 2007 21:26:32 -0400 To: "David Schwartz" Cc: , , "Linux-Kernel\@Vger. Kernel. Org" Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 References: From: Alexandre Oliva Organization: Red Hat OS Tools Group Date: Mon, 18 Jun 2007 22:26:27 -0300 In-Reply-To: (David Schwartz's message of "Mon\, 18 Jun 2007 15\:59\:25 -0700") Message-ID: User-Agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.990 (gnu/linux) MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1613 Lines: 38 On Jun 18, 2007, "David Schwartz" wrote: >> First, end users buy and use the hardware in question. It does not >> belong to Tivo, so the analogy to his laptop fails there. > No, this is incorrect. They buy *some* of the rights to the hardware but not > all of them. Wow, really? I thought TiVo actually sold the computer. Not that it would make a difference as far as GPLv3 is concerned. It's still a user product, and it still contains GPLed software, and TiVo distributes that software to other users. > But you cannot coherently deny that TiVo retains this right when > they sell certain other rights to the hardware. Heh. I mis-parsed "sell rights to the hardware". How can the hardware buy something? Whatever rights TiVo wants to retain or keep from the user is of little concern here, as long as this doesn't get in the way of the user's exercise of the freedoms that the GPL stands to defend. If it wants to retain more rights than that, then it may have to refrain from using GPLed software, or face the risk of a court finding it couldn't have done that in the first place. -- Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/ FSF Latin America Board Member http://www.fsfla.org/ Red Hat Compiler Engineer aoliva@{redhat.com, gcc.gnu.org} Free Software Evangelist oliva@{lsd.ic.unicamp.br, gnu.org} - 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/