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

["Dmitry Torokhov" <dmitry.torokhov@gmail.com>]

On 6/14/07, Alexandre Oliva <aoliva@redhat.com> wrote:
> On Jun 14, 2007, "Dmitry Torokhov" <dmitry.torokhov@gmail.com> wrote:
>
> > Ok, consider non-derived work.
>
> I did, you snipped it out:
>
> >> If your change is not a derived work, you're not bound by the terms
> >> of the GPL as far as the change is concerned, so the GPL has no say
> >> whatsoever as to how you must release it.  If you choose the GPL,
> >> then you're a licensor, and the requirements to pass on all the
> >> rights you have do not apply.

Yes, I did, thank you for putting the text back in.

> > Because I am distributing whole program
> > I have to do it under GPL.

Please notice this sentence. GPL still influences the way I release
stuff (if I want to release the work as whole) but it does not mean
passing all rigths I could possibly have.

> > However I still have the right to
> > distribute just the portion that is written by me under whatevel
> > license I want but you as a recepient of GPLed whole do not get this
> > right. IOW I am not passing all the rights _I have_.
>
> I see what you mean.  IANAL, but I don't think that's how it works.
>
> When your work is not a derived work, the GPL that applies to the rest
> of the program does not make you a licensee, and it only covers your
> work if you choose to license it that way.  And then, you're the sole
> licensor of that piece of the work.

So, with regard to TIVO, why are you saying that GPL shoudl affect
their hardware (I assume that key check/enforce is done in firmware
taht is separate from kernel image)?

--
Dmitry
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