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

[Daniel Forrest <forrest@lmcg.wisc.edu>]

On Thu, Jun 14, 2007 at 02:52:48AM +0100, Alan Cox wrote:
> 
> As a PS to the GPL3 comment here is the basic difference
> 
> ROM	-	I can't modify the code on the device
> 		The creator can't modify the code further on the device
> 
> Tivo	-	I can't modify the code on the device
> 		The owner can modify the code
> 
> One is an implicit limitation of the hardware (just like I can't run
> openoffice on a 4MB PC even though the license gives me the right to
> try), the other is an artificial restriction.
> 
> One case is witholding freedom in the GPL sense by one party while
> keeping it themselves, the other is a limitation of the system
> inevitably imposed on everyone.

I've been following this discussion and I find this interesting.
Consider these two cases:

1.) I ship the device back to the manufacturer, they replace the ROM,
    and ship it back to me.

2.) I ship the device back to the manufacturer, they load new code
    into it, and ship it back to me.

How do these two differ?  Or is it now just a question of the ROM
being in a socket?  I can't see how the technicalities of how the
hardware is constructed can change the legality of the software.

-- 
Dan
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