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

[Michael Gerdau <mgd@technosis.de>]

> > 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.

At first glance I think a construct where the manufacturer is obliged
to load _MY_ modified software in a timely fashion and at a reasonable
price into the device would fit my understanding of the GPL's spirit
though this leaves room for the definition of timely...

Best,
Michael
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