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

["David Schwartz" <davids@webmaster.com>]

> This argument is the obvious nonsense. "Runs on TiVO" is a property of
> the software that TiVO distributes -- such an important property that
> it would be nonsensical for them to distribute it with their hardware.
> But they do distribute it, and only the GPL allows them to.

Why does the importance of the property matter to the validity of the
argument?

> Linus' key is not required to use the software Linus distributes under
> the GPL, by contrast.

Why does whether or not the key is required to use the software matter? It
may be impossible to use a Linux kernel on a particular piece of hardware
without the BIOS, that doesn't mean the BIOS source code is part of the
kernel source code even if the kernel is shipped for that hardware.

> > Tivo's choice is an authorization decision. It is similar to
> > you not having
> > root access to a Linux box. Sorry, you can't run a modified
> > kernel on that
> > machine, but you can still modify the kernel and run it on any hardware
> > where authorization decisions don't stop you from doing so. The GPL was
> > never about such authorization decisions.

> Says judge Schwartz. Oops. That's right, you're not a judge in any
> legal jurisdiction, nor an author of the GPL.

Nice argument. I'm wrong because people can disagree with me.

DS


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