Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1760034AbXFTTF5 (ORCPT ); Wed, 20 Jun 2007 15:05:57 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1754125AbXFTTFt (ORCPT ); Wed, 20 Jun 2007 15:05:49 -0400 Received: from py-out-1112.google.com ([64.233.166.178]:44325 "EHLO py-out-1112.google.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1752170AbXFTTFs convert rfc822-to-8bit (ORCPT ); Wed, 20 Jun 2007 15:05:48 -0400 DomainKey-Signature: a=rsa-sha1; c=nofws; d=gmail.com; s=beta; h=received:message-id:date:from:to:subject:cc:in-reply-to:mime-version:content-type:content-transfer-encoding:content-disposition:references; b=HD5A2JWGu6ZnhtycBVj4k9110VUUsb4+fDq+xnibXMJ/IcbtmBtPYBKhvzXgdSkW/5+6mjI8O17GHClmaYR1rPC7CJdaS9NxscJYqwWsrQ7+WVGpO56fjLyg5kzzpu3I5B3bNgSAbriYu9oIO0PAkaD+91bYPPB/vHOf/tbmRwc= Message-ID: <2e6659dd0706201205i52e0b836oe642e2b442e425d7@mail.gmail.com> Date: Wed, 20 Jun 2007 16:05:46 -0300 From: "Tomas Neme" To: "Michael Poole" Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 Cc: "Linux-Kernel@Vger. Kernel. Org" In-Reply-To: <871wg6trnx.fsf@graviton.dyn.troilus.org> MIME-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1; format=flowed Content-Transfer-Encoding: 8BIT Content-Disposition: inline References: <9a8748490706201034j43139301w5a18c172d688c724@mail.gmail.com> <2e6659dd0706201110x20fa5c28n5d6fc094e9f5c832@mail.gmail.com> <871wg6trnx.fsf@graviton.dyn.troilus.org> Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 4826 Lines: 97 > It's simple: they don't provide _complete_ source code. They keep the > source code for the part of their Linux kernel images that provides > the functionality "runs on Tivo DVRs". The GPL requires that http://en.wikipedia.org/wiki/Tivoization does not agree that this is the problem but rather "TiVo circumvented this goal by making their products run programs only if the program's digital signature matches those authorised by the manufacturer of the TiVo." I'm downloading the sources now.. if they compile, then you're lying to me, right? Moreover, if I compile them as is, and I can run them on a TiVo (let's say upgrading the machine's kernel) then you're even more so.. if this is all true, then I read GPLv2 and it tells me (clipping and ** mine): 0. This License applies to any *program* or other work [...]. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, *a work containing the Program or a portion of it, either verbatim or with modifications* [...] 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications [...] 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; [...] The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed *need*not*include*anything that is *normally*distributed (in *either* source or *binary* form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. so, it very clearly says that the program and the modifications come with NO WARRANTY of working, either expressed or implied, including the warranty of fitness for a particular purpose (for example being able to run in your TiVo box). Other than that the licence says you can do whatever you want as long as you give out the source code. Let me put it this way: if TiVo gave microsoft the keys to run in TiVo, and Microsoft made a Windows Kernel for TiVo and it run, they would not be needing to give you any source codes because the box itself isn't GPL'ed and even if it was, there's no need to GLP stuff that work on a system based on The Program (say Adobe finally ports Photoshop into linux) but is not a modification or aggregation. Whatever checks the kernel's key is outside of the kernel itself, and probably not a modification of any GPL'ed software plus, what I marked in point 3. says that they don't need to give you anything that is normally distributed with the system the program runs on. They don't need to give you the source or the design of their hardware, or any embebbed software so.. you're free to modify the kernel, try to figure out what TiVo does for authentication and modify your binaries so they look what TiVo wants them to.. add some garbage bits in the end, or something. One more thing: even if the program they use to make their binaries TiVo-key-check compliant was GPL'ed, they don't need to give it to you, because the kernel does not use them. *IT* uses the compiled kernel as input data (and produce signed kernel binaries as output), not the other way around Tom?s -- |_|0|_| |_|_|0| |0|0|0| - 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/