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

2007-06-15 Thread Carlo Wood
On Fri, Jun 15, 2007 at 06:33:51AM -0400, Daniel Hazelton wrote: > Incorrect. Read section 9 of the GPLv2. It's pretty clear that the "any later > version" clause is optional. Whats more is that since the modern linux kernel > *IS* a "composite work" composed of Linus' original code with changes

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

2007-06-15 Thread Ingo Molnar
* David Woodhouse <[EMAIL PROTECTED]> wrote: > If even linking was considered 'mere aggregation on a volume of a > storage or distribution medium', then when would the 'But when you > distribute those same sections as part of a whole...' bit _ever_ > apply? It _explicitly_ talks of sections wh

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

2007-06-15 Thread Alan Cox
> No, you do receive the license from the person or entity you received > the program. You have an _option_ to go to the original author and get > copy of original code with original license (or maybe other license). You receive the licence from the original author. The GPL contains no text allowi

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

2007-06-15 Thread Michael Poole
Ingo Molnar writes: > * Michael Poole <[EMAIL PROTECTED]> wrote: > >> > However, since the signing is an automated process it cannot >> > generate a "new" work - at least, not under the laws of the US - so >> > the signature itself cannot have a copyright at all. > [...] >> >> I do not suggest

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

2007-06-15 Thread Dmitry Torokhov
On 6/15/07, Bernd Paysan <[EMAIL PROTECTED]> wrote: On Friday 15 June 2007 13:49, Paulo Marques wrote: > No, it is not "any version". It is the license specified in COPYING and > nothing else. COPYING says in section 9 that there may be other versions, and if you as author don't specify the ver

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

2007-06-15 Thread Michael Poole
Daniel Hazelton writes: > On Friday 15 June 2007 05:30:09 Bernd Paysan wrote: >> On Friday 15 June 2007 01:46, [EMAIL PROTECTED] wrote: >> > if you cannot modify the software that runs on your Tivo hardware you >> > haven't tried very hard. >> >> Yes, but the GPLv2 clearly says that you don't have

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

2007-06-15 Thread Dmitry Torokhov
On 6/15/07, Bernd Paysan <[EMAIL PROTECTED]> wrote: On Thursday 14 June 2007 20:55, Dmitry Torokhov wrote: > It does not matter. GPL v2 and later can be reduced to v2 by > recepient. And expanded by the next recipient to GPLv2 or later, as long as the first recipient does not make a substantial

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

2007-06-15 Thread Carlo Wood
On Thu, Jun 14, 2007 at 11:31:13PM -0300, Alexandre Oliva wrote: > I know. Neither will Linus. But he says he chose GPLv2 such that he > could, and the v2 is better than v3 in this regard. What's wrong with > this picture? I'm sure it's a rethorical question - but what is wrong is that imho the

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

2007-06-15 Thread Dmitry Torokhov
On 6/15/07, Bernd Paysan <[EMAIL PROTECTED]> wrote: On Thursday 14 June 2007 19:20, Paulo Marques wrote: > Watching the output of the first grep without "wc -l" shows that, > although it is not 100% accurate, it is still ok just to get a rough > estimate. > > So yes, ~6300 files are definitely mo

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

2007-06-15 Thread Ingo Molnar
* Michael Poole <[EMAIL PROTECTED]> wrote: > > However, since the signing is an automated process it cannot > > generate a "new" work - at least, not under the laws of the US - so > > the signature itself cannot have a copyright at all. [...] > > I do not suggest that copyright subsists in the

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

2007-06-15 Thread David Woodhouse
On Fri, 2007-06-15 at 14:29 +0200, Ingo Molnar wrote: > the argument is quite strong that the linking of two independent works > is "mere aggregation" as well. (as long as they are truly separate > works) You think so? If even linking was considered 'mere aggregation on a volume of a storage o

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

2007-06-15 Thread Ingo Molnar
* David Woodhouse <[EMAIL PROTECTED]> wrote: > > For example i'd say VMWare's ESX bin-only module is likely derived > > from the Linux kernel and should be distributed under the GPL, but > > that for example the ATI and nvidia drivers, although being a large > > PITA for all of us, are possibl

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

2007-06-15 Thread Ingo Molnar
* Rob Landley <[EMAIL PROTECTED]> wrote: > > uhm, so if the MPAA and the RIAA pays for another nice piece of > > legislation that extends the power of copyright owners, do you find > > it morally justified to use those powers, as long as it's argued to > > be in favor of some long-term goal th

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

2007-06-15 Thread Michael Poole
Daniel Hazelton writes: > Following your logic it would be a "failure to distribute the source code for > a work". > > However, since the signing is an automated process it cannot generate a "new" > work - at least, not under the laws of the US - so the signature itself > cannot have a copyrigh

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 13:49, Paulo Marques wrote: > I've contributed some code for the kernel (unlike yourself, AFAICT), and > believe me, I did so under GPL v2. The COPYING file is pretty much self > explanatory, so I didn't need to add any explicit license statement to > my code. It's not, it's

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

2007-06-15 Thread Alan Cox
> because you can solder off the ROM from the Tivo and can put in a new > ROM with another bootloader that does not check the SHA1 key. Tivo puts Then you've committed an offence because of the SHA1 key removal. Tivo deliberately create a system where removal of the ROM is an offence (sometimes

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

2007-06-15 Thread David Woodhouse
On Fri, 2007-06-15 at 13:49 +0200, Ingo Molnar wrote: > i fully support the notion you articulate, that whether bin-only modules > are part of a derivative work of the kernel or whether they are > independent works is not an automatic thing at all. The answer is: "it > depends, talk to your lawy

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 03:49, Rob Landley wrote: > (Right now, nobody EXCEPT the FSF has the right to sue somebody to > enforce the license terms on something like gcc. Do you find that a > comforting thought?) Have you ever signed a copyright transfer agreement to the FSF? Obviously not, becaus

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

2007-06-15 Thread Ingo Molnar
* David Woodhouse <[EMAIL PROTECTED]> wrote: > Who cares about whether the module is a derivative work? That's only > relevant when you distribute the module as a separate work. When you > ship a combined work including both the kernel and the module in > question, it's a _whole_ lot easier to

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

2007-06-15 Thread Paulo Marques
Bernd Paysan wrote: On Thursday 14 June 2007 19:20, Paulo Marques wrote: Watching the output of the first grep without "wc -l" shows that, although it is not 100% accurate, it is still ok just to get a rough estimate. So yes, ~6300 files are definitely more than a couple ;) I knew I shouldn't

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

2007-06-15 Thread Ingo Molnar
* Alexandre Oliva <[EMAIL PROTECTED]> wrote: > > Do they have to provide a ROM burner if the ROM is socketed rather > > than soldered into place? > > Of course not. They just can't impose restrictions on your obtaining > a ROM burner and doing the work yourself. do you realize that you have

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

2007-06-15 Thread Nicolas Mailhot
Le Ven 15 juin 2007 12:53, Jesper Juhl a écrit : > On 15/06/07, Nicolas Mailhot <[EMAIL PROTECTED]> wrote: >> >> > by your argument, the user has some "right to modify the >> software", on >> >> > that piece of hardware it bought which had free software on it, >> correct? >> >> >> >> Yes. This me

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

2007-06-15 Thread Ingo Molnar
* Alexandre Oliva <[EMAIL PROTECTED]> wrote: > > by your argument, the user has some "right to modify the software", > > on that piece of hardware it bought which had free software on it, > > correct? > > Yes. This means the hardware distributor who put the software in > there must not place

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

2007-06-15 Thread Jesper Juhl
On 15/06/07, Nicolas Mailhot <[EMAIL PROTECTED]> wrote: >> > by your argument, the user has some "right to modify the software", on >> > that piece of hardware it bought which had free software on it, correct? >> >> Yes. This means the hardware distributor who put the software in >> there must n

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

2007-06-15 Thread David Woodhouse
On Fri, 2007-06-15 at 06:03 -0400, Daniel Hazelton wrote: > In other words, it applies to *SECTIONS* of the code, not to individual > object > code files. This is why kernel modules can have their own, separate license > from the kernel. It isn't until the code is shipped as a *standard* part of

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 06:18:59 David Greaves wrote: > Daniel Hazelton wrote: > >> Now for a different PoV: > >> Do I think Tivoisation is bad for the community ? > >> Of course I think it is but your mileage may vary. > > > > And I happen to agree with you. What I disagree with is taking steps to

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 06:02:11 Bernd Paysan wrote: > On Friday 15 June 2007 07:24, Theodore Tso wrote: > > On Thu, Jun 14, 2007 at 08:20:19PM -0300, Alexandre Oliva wrote: > > > So, you see, your statement above, about wanting to be able to use > > > other people's improvements, cannot be taken wi

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

2007-06-15 Thread David Greaves
Daniel Hazelton wrote: Now for a different PoV: Do I think Tivoisation is bad for the community ? Of course I think it is but your mileage may vary. And I happen to agree with you. What I disagree with is taking steps to make "bad == illegal". I also have a problem with doing things that force

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 05:30:09 Bernd Paysan wrote: > On Friday 15 June 2007 01:46, [EMAIL PROTECTED] wrote: > > if you cannot modify the software that runs on your Tivo hardware you > > haven't tried very hard. > > Yes, but the GPLv2 clearly says that you don't have to try very hard. The > preferr

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 05:17:44 David Woodhouse wrote: > On Fri, 2007-06-15 at 04:58 -0400, Daniel Hazelton wrote: > > > If the module is distributed 'as a separate work', _then_ what you say > > > is true: the only reason you'd have a right to the source is if the > > > module is considered a 'der

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 07:24, Theodore Tso wrote: > On Thu, Jun 14, 2007 at 08:20:19PM -0300, Alexandre Oliva wrote: > > So, you see, your statement above, about wanting to be able to use > > other people's improvements, cannot be taken without qualification. > > No. Linus and other Linux kernels

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

2007-06-15 Thread Bernd Paysan
On Thursday 14 June 2007 22:47, David Schwartz wrote: > The GPL does not require it to be easy in fact to modify the piece of > software. Yes it does, section 3: "The source code for a work means the preferred form of the work for making modifications to it." It then even lists that you need to

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 01:46, [EMAIL PROTECTED] wrote: > if you cannot modify the software that runs on your Tivo hardware you > haven't tried very hard. Yes, but the GPLv2 clearly says that you don't have to try very hard. The preferred form of modification has to be distributed. I can run a de

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 02:24:37 Michael Gerdau wrote: > > Because GPLv2 doesn't enforce limitations on the hardware a GPL'd work > > can be put on. It doesn't make artificial distinctions between > > "Commercial", "Industrial" and "User". What it does is *ATTEMPT* to > > ensure that nobody receivin

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

2007-06-15 Thread Alan Cox
> 2) I don't know how the FSF is approaching the Linux developers, but > what I've been personally trying to do in this infinite thread was > mainly to set the record straight that v3 did not change the spirit of > the license, like some have claimed. The FSF have certainly tried to talk to me a b

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

2007-06-15 Thread David Woodhouse
On Fri, 2007-06-15 at 04:58 -0400, Daniel Hazelton wrote: > > If the module is distributed 'as a separate work', _then_ what you say > > is true: the only reason you'd have a right to the source is if the > > module is considered a 'derivative work'. > > > > But when you distribute the same module

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

2007-06-15 Thread Alan Cox
> > A Tivo box is a collection of literary works protected by copyright, > > designs protected by design patents and copyright, names and logos > > protected by trademarks, functionalities protected by patents and many > > more things. These are the things that restrict what I may do with it >

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 04:25:24 David Woodhouse wrote: > On Thu, 2007-06-14 at 21:44 -0400, Daniel Hazelton wrote: > > Agreed. I said I wasn't going to argue about it because there *ARE* > > distinctions that the law makes and the GPL ignores. You can't have it > > both ways. If the module is distr

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 00:36, Daniel Hazelton wrote: > A hundred or so messages back someone stated that the parport driver in > Linux is GPLv1.1 Probably a misinterpretation - there are comments in the parport driver mentioning the GFDL version 1.1. If you just grep through, you might think it'

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

2007-06-15 Thread Nicolas Mailhot
David Schwartz wrote : > The GPL is about having the legal right to modify the software and being > able to put other people's distributed improvements back into the > original code base. It does not guarantee that you will actually be able > to modify the software and get it to work on some parti

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

2007-06-15 Thread Bernd Petrovitsch
On Thu, 2007-06-14 at 19:37 -0300, Alexandre Oliva wrote: > On Jun 14, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: [...] > > For many juridisctions loading from disk into memory is copying and in > > some from memory to CPU cache a second copy. This is one reason as I > > understand it GPLv3 talks ab

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

2007-06-15 Thread Bernd Paysan
On Thursday 14 June 2007 20:55, Dmitry Torokhov wrote: > It does not matter. GPL v2 and later can be reduced to v2 by > recepient. And expanded by the next recipient to GPLv2 or later, as long as the first recipient does not make a substantial modification ("substantial" is a copyright term - th

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

2007-06-15 Thread David Woodhouse
On Thu, 2007-06-14 at 21:44 -0400, Daniel Hazelton wrote: > Agreed. I said I wasn't going to argue about it because there *ARE* > distinctions that the law makes and the GPL ignores. You can't have it both > ways. If the module is distributed *with* the kernel *SOURCE* then it doesn't > matter i

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

2007-06-15 Thread Bernd Paysan
On Thursday 14 June 2007 19:20, Paulo Marques wrote: > Watching the output of the first grep without "wc -l" shows that, > although it is not 100% accurate, it is still ok just to get a rough > estimate. > > So yes, ~6300 files are definitely more than a couple ;) Most of them don't say anything,

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 04:19, Linus Torvalds wrote: > I will state one more time: I think that what Tivo did was and is: > >  (a) perfectly legal wrt the GPLv2 (and I have shown multiple times why >      your arguments don't hold logical water - if you actually followed >      them yourself, you wo

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

2007-06-15 Thread Ingo Molnar
* Linus Torvalds <[EMAIL PROTECTED]> wrote: > On Thu, 14 Jun 2007, Michael Poole wrote: > > > > If the DRM signature and program executable are coupled such that > > they are not useful when separated, the implication to me is that > > they form one work that is based on the original Program.

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

2007-06-15 Thread Bernd Paysan
On Friday 15 June 2007 01:08, Rob Landley wrote: > On Thursday 14 June 2007 07:27:59 Bernd Paysan wrote: > > Where is the boundary between hard- and software? > > Software's the bit that's infinitely replicable at zero cost. Hardware > tends not to be. There's no "zero cost" for software replicat

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

2007-06-15 Thread Michael Gerdau
> Because GPLv2 doesn't enforce limitations on the hardware a GPL'd work can be > put on. It doesn't make artificial distinctions between "Commercial", > "Industrial" and "User". What it does is *ATTEMPT* to ensure that nobody > receiving a copy of a GPL'd work has the same rights as any other p

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

2007-06-15 Thread Bron Gondwana
On Fri, Jun 15, 2007 at 02:38:41AM -0300, Alexandre Oliva wrote: > On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > > #define Dell CFG_FAVOURITE_VENDOR > > > A Dell desktop machine is a piece of hardware. The manufacturer has the > > source code (hypothetically) to the BIOS. The BI

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

2007-06-15 Thread Rob Landley
On Thursday 14 June 2007 22:25:57 Alexandre Oliva wrote: > On Jun 14, 2007, Bill Nottingham <[EMAIL PROTECTED]> wrote: > > Alexandre Oliva ([EMAIL PROTECTED]) said: > >> And since the specific implementation involves creating a derived work > >> of the GPLed kernel (the signature, or the signed ima

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 02:59:31 Jesper Juhl wrote: > > > All quite valid reasons in my opinion. > > > > and all wrong. > > > > Look up the owning and controlling interests in Tivo and you'll find the > > correct reason - stopping you doing evil things like keeping movies > > you've recorded or upl

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

2007-06-15 Thread Jesper Juhl
On 15/06/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > Faulty logic. The hardware doesn't *restrict* you from *MODIFYING* > any fscking thing. Ok, lemme try again: case 2'': tivo provides source, end user tries to improve it, reali

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

2007-06-15 Thread Jesper Juhl
On 15/06/07, Alan Cox <[EMAIL PROTECTED]> wrote: > Why can't you understand that the GPL v2 is a *software* license, it > doesn't cover hardware at all. The GPLv2 is a copyright license not a software licence, indeed there is no such thing as a 'software licence'. It deals with the circumstances

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

2007-06-14 Thread Daniel Hazelton
On Friday 15 June 2007 02:29:32 Glauber de Oliveira Costa wrote: > > As a simple matter of fact, the *only* activities covered by the GPLv2 > > are "copying, distributing and modifying". It says so in the license > > itself. > > Unless I have explicitly installed linux myself in the box, I have > r

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

2007-06-14 Thread Al Viro
On Fri, Jun 15, 2007 at 02:16:46AM -0400, Sean wrote: > There's no problem with people voicing honest disagreement with the v3, > but please lighten up a bit on FSF bashing and the Greek tragedy talk. Would you prefer a reference to Resistible Rise of Arturo Ui? - To unsubscribe from this list:

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

2007-06-14 Thread Glauber de Oliveira Costa
As a simple matter of fact, the *only* activities covered by the GPLv2 are "copying, distributing and modifying". It says so in the license itself. Unless I have explicitly installed linux myself in the box, I have received the binary from them, so it can fall in the distribution case. -- Glaube

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

2007-06-14 Thread Sean
On Fri, 15 Jun 2007 01:24:32 -0400 Theodore Tso <[EMAIL PROTECTED]> wrote: > No. Linus and other Linux kernels might *want* to take other people's > improvements, but thanks to Richard Stallman's choices for GPLv3, they > can *not* legally take other people's improvements without violating > the

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

2007-06-14 Thread Daniel Hazelton
On Friday 15 June 2007 01:38:41 Alexandre Oliva wrote: > On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > #define Dell CFG_FAVOURITE_VENDOR > > > > A Dell desktop machine is a piece of hardware. The manufacturer has the > > source code (hypothetically) to the BIOS. The BIOS is requir

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 23:19:24 Alexandre Oliva wrote: > On Jun 14, 2007, Florin Malita <[EMAIL PROTECTED]> wrote: > > On 06/14/2007 05:39 PM, Alexandre Oliva wrote: > >> Back when GPLv2 was written, the right to run was never considered an > >> issue. It was taken for granted, because copyright

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

2007-06-14 Thread Daniel Hazelton
On Friday 15 June 2007 00:14:49 Alexandre Oliva wrote: > On Jun 15, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: > > On Fri, 15 Jun 2007, Alexandre Oliva wrote: > >> case 2'': tivo provides source, end user tries to improve it, realizes > >> the hardware won't let him use the result of his effor

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

2007-06-14 Thread Alexandre Oliva
On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > #define Dell CFG_FAVOURITE_VENDOR > A Dell desktop machine is a piece of hardware. The manufacturer has the > source code (hypothetically) to the BIOS. The BIOS is required for the > machine to boot and run Linux. > Riddle me this (es

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 23:54:31 Alexandre Oliva wrote: > On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Thursday 14 June 2007 22:21:59 Alexandre Oliva wrote: > >> Consider egg yolk and egg shells. > >> > >> I produce egg yolk. I give it to you under terms that say "if you > >

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 23:04:37 Michael Poole wrote: > Daniel Hazelton writes: > > On Thursday 14 June 2007 22:13:13 Michael Poole wrote: > >> The fundamental reason for this is that neither the executable code > >> nor the digital signature serves the desired function alone. The user > >> recei

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

2007-06-14 Thread Theodore Tso
On Thu, Jun 14, 2007 at 08:20:19PM -0300, Alexandre Oliva wrote: > > So, you see, your statement above, about wanting to be able to use > other people's improvements, cannot be taken without qualification. No. Linus and other Linux kernels might *want* to take other people's improvements, but th

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 23:39:50 Alexandre Oliva wrote: > On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > You're making an artificial distinction based on whether the > > *SOFTWARE* has a certain license or not. > > What matters to me is that, when the GPL says you can't impose fur

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

2007-06-14 Thread Al Viro
On Fri, Jun 15, 2007 at 01:14:49AM -0300, Alexandre Oliva wrote: > I'm not trying to impose anything. I'm not pushing anything. I'm > defending the GPLv3 from accusations that it's departing from the GPL > spirit, and I'm trying to find out in what way Tivoization promotes > the goals you perceiv

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 23:22:48 Alexandre Oliva wrote: > On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > Faulty logic. The hardware doesn't *restrict* you from *MODIFYING* > > any fscking thing. > > Ok, lemme try again: > > case 2'': tivo provides source, end user tries to improve

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

2007-06-14 Thread Linus Torvalds
On Thu, 14 Jun 2007, Michael Poole wrote: > > If the signature is one that serves to indicate origin, to detect > tampering, or the other things you mentioned, the program's binary is > useful when separated from the signature. My objection arises when a > functionally equivalent binary -- incl

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

2007-06-14 Thread Michael Poole
[EMAIL PROTECTED] writes: > On Fri, 15 Jun 2007, Alexandre Oliva wrote: > >> Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 >> >> On Jun 14, 2007, Bill Nottingham <[EMAIL PROTECTED]> wrote: >> >>> OK. Let's take this to the simp

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

2007-06-14 Thread Alexandre Oliva
On Jun 15, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: > On Fri, 15 Jun 2007, Alexandre Oliva wrote: >> >> case 2'': tivo provides source, end user tries to improve it, realizes >> the hardware won't let him use the result of his efforts, and gives up > So you're blaming Tivo for the fact th

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

2007-06-14 Thread Bron Gondwana
On Fri, Jun 15, 2007 at 01:50:04AM +0200, Ingo Molnar wrote: > the GPL applies to software. It is a software license. > > the Tivo box is a piece of hardware. > > a disk is put into it with software copied to it already: a bootloader, > a Linux kernel plus a handful of applications. The free sof

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

2007-06-14 Thread david
On Fri, 15 Jun 2007, Alexandre Oliva wrote: Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 On Jun 14, 2007, Bill Nottingham <[EMAIL PROTECTED]> wrote: OK. Let's take this to the simple and logical conclusion. A signed filesystem image containing both GPL and n

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

2007-06-14 Thread Alexandre Oliva
On Jun 15, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: > On Fri, 15 Jun 2007, Alexandre Oliva wrote: >> >> Yes. They'd have to give up the ability to update the software, or >> pass it on to the user. If they can't do the latter, they could still >> do the former. How bad would this be for

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Thursday 14 June 2007 22:21:59 Alexandre Oliva wrote: >> Consider egg yolk and egg shells. >> I produce egg yolk. I give it to you under terms that say "if you >> pass this on, you must do so in such a way that doesn't stop anyone

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

2007-06-14 Thread Alexandre Oliva
On Jun 15, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: > On Thu, 14 Jun 2007, Michael Poole wrote: >> >> If the DRM signature and program executable are coupled such that they >> are not useful when separated, the implication to me is that they form >> one work that is based on the original P

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

2007-06-14 Thread Linus Torvalds
On Fri, 15 Jun 2007, Alexandre Oliva wrote: > > case 2'': tivo provides source, end user tries to improve it, realizes > the hardware won't let him use the result of his efforts, and gives up So you're blaming Tivo for the fact that your end user was a lazy bum and wanted to take advantage of

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Bill Nottingham <[EMAIL PROTECTED]> wrote: > OK. Let's take this to the simple and logical conclusion. A signed > filesystem image containing both GPL and non-GPL code. From your > point A, this is a derived work. I claim the signature is derived from the GPLed bits, yes. Wheth

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > You're making an artificial distinction based on whether the > *SOFTWARE* has a certain license or not. What matters to me is that, when the GPL says you can't impose further restrictions, then you can't, no matter how convoluted your

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

2007-06-14 Thread Linus Torvalds
On Fri, 15 Jun 2007, Alexandre Oliva wrote: > > Yes. They'd have to give up the ability to update the software, or > pass it on to the user. If they can't do the latter, they could still > do the former. How bad would this be for them, do you know? In other words, you advocate license for te

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

2007-06-14 Thread Michael Poole
Linus Torvalds writes: > On Thu, 14 Jun 2007, Michael Poole wrote: >> >> If the DRM signature and program executable are coupled such that they >> are not useful when separated, the implication to me is that they form >> one work that is based on the original Program. This is beyond the >> GPL's

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > Faulty logic. The hardware doesn't *restrict* you from *MODIFYING* > any fscking thing. Ok, lemme try again: case 2'': tivo provides source, end user tries to improve it, realizes the hardware won't let him use the result of his effor

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

2007-06-14 Thread Linus Torvalds
On Thu, 14 Jun 2007, Michael Poole wrote: > > If the DRM signature and program executable are coupled such that they > are not useful when separated, the implication to me is that they form > one work that is based on the original Program. This is beyond the > GPL's permission for "mere aggregat

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Florin Malita <[EMAIL PROTECTED]> wrote: > On 06/14/2007 05:39 PM, Alexandre Oliva wrote: >> Back when GPLv2 was written, the right to run was never considered an >> issue. It was taken for granted, because copyright didn't control >> that in the US (it does in Brazil), and nobod

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

2007-06-14 Thread Rob Landley
On Thursday 14 June 2007 05:32:47 Bernd Paysan wrote: > On Thursday 14 June 2007 03:24, Adrian Bunk wrote: > > Harald is in Germany, and he therefore takes legal action against people > > distributing products violating his copyright on the Linux kernel > > in Germany at German courts based on Germ

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: > On Thu, 14 Jun 2007, Alexandre Oliva wrote: >> >> It's disappointing that I took so much of everyone's time without >> achieving any of my goals. > What do you expect, when you tried to entertain a legal picture of the > GPLv2 that ev

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

2007-06-14 Thread Michael Poole
Daniel Hazelton writes: > On Thursday 14 June 2007 22:13:13 Michael Poole wrote: > >> The fundamental reason for this is that neither the executable code >> nor the digital signature serves the desired function alone. The user >> received a copy of the executable for a particular purpose: to run

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 22:21:59 Alexandre Oliva wrote: > On Jun 14, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > > the GPLv2 license says no such thing, and you seem to be mighty confused > > about how software licenses work. > > > > the GPL applies to software. It is a software license. > > >

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Rob Landley <[EMAIL PROTECTED]> wrote: > On Thursday 14 June 2007 19:20:19 Alexandre Oliva wrote: >> I understand this very well. You'd have to get the kernel upgraded to >> GPLv3 in order to accept the contribution. > Why do you keep saying "upgraded" to GPLv3? Just because i

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 22:13:13 Michael Poole wrote: > Daniel Hazelton writes: > > What rights did they give to "downstream" recipients of the "object code" > > version? *EXACTLY* those they received from the GPLv2. > > Doing the e-mail equivalent of yelling about this will not change the Sorry,

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Thursday 14 June 2007 17:27:27 Alexandre Oliva wrote: >> On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> > >> > And the companies that produce devices that come with Linux and/or >> > other GPL'd software installed an

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

2007-06-14 Thread Bill Nottingham
Alexandre Oliva ([EMAIL PROTECTED]) said: > > Wait, a signed filesystem image that happens to contain GPL code > > is now a derived work? Under what sort of interpretation does *that* > > occur? > > Is the signature not derived from the bits in the GPLed component, as > much as it is derived from

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 21:43:07 Alexandre Oliva wrote: > On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Thursday 14 June 2007 14:35:29 Alexandre Oliva wrote: > > > > > >> > So let's look at that "section 6" that you talk about, and quote the > >> > relevant parts, will we: >

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Jeremy Maitin-Shepard <[EMAIL PROTECTED]> wrote: > Alexandre Oliva <[EMAIL PROTECTED]> writes: >> On Jun 14, 2007, Linus Torvalds <[EMAIL PROTECTED]> wrote: >>> On Thu, 14 Jun 2007, Alexandre Oliva wrote: Hmm... So, if someone takes one of the many GPLv2+ contributions

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Bill Nottingham <[EMAIL PROTECTED]> wrote: > Alexandre Oliva ([EMAIL PROTECTED]) said: >> And since the specific implementation involves creating a derived work >> of the GPLed kernel (the signature, or the signed image, or what have >> you) > Wait, a signed filesystem image tha

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > the GPLv2 license says no such thing, and you seem to be mighty confused > about how software licenses work. > the GPL applies to software. It is a software license. > the Tivo box is a piece of hardware. > a disk is put into it with so

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

2007-06-14 Thread Linus Torvalds
On Thu, 14 Jun 2007, Alexandre Oliva wrote: > > It's disappointing that I took so much of everyone's time without > achieving any of my goals. What do you expect, when you tried to entertain a legal picture of the GPLv2 that even the FSF counsel doesn't believe in? I will state one more time:

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

2007-06-14 Thread Michael Poole
Daniel Hazelton writes: > What rights did they give to "downstream" recipients of the "object code" > version? *EXACTLY* those they received from the GPLv2. Doing the e-mail equivalent of yelling about this will not change the fact that people who think Tivo did something wrong -- legally and/or

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

2007-06-14 Thread Alexandre Oliva
On Jun 14, 2007, Rob Landley <[EMAIL PROTECTED]> wrote: > On Thursday 14 June 2007 13:46:40 Alexandre Oliva wrote: >> Well, then, ok: do all that loader and hardware signature-checking >> dancing, sign the image, store it in the machine, and throw the >> signing key away. This should be good for

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

2007-06-14 Thread Rob Landley
On Thursday 14 June 2007 15:49:13 Daniel Hazelton wrote: > > I'm not saying it legally clear the other way round, my statement was > > an answer to Daniel's emails claiming it was clear what such companies > > do was legal. > > I'm sorry if I gave anyone that impression. My point was that it would

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

2007-06-14 Thread Daniel Hazelton
On Thursday 14 June 2007 18:45:07 Alexandre Oliva wrote: > On Jun 14, 2007, "Chris Friesen" <[EMAIL PROTECTED]> wrote: > > Alexandre Oliva wrote: > >> On Jun 14, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > >>> *AND* the GPL has never been about making the source available to > >>> everyone -

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