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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Saturday 16 June 2007 04:21:04 Alexandre Oliva wrote: >> On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> > In the case of renting a machine you can try to legislate new laws all >> > you want. It doesn't make a differe

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

2007-06-16 Thread Jesper Juhl
On 16/06/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 16, 2007, Al Viro <[EMAIL PROTECTED]> wrote: > How the hell does that improve the situation for users? Maybe it doesn't. How does it make it worse? Now not even the vendor can upgrade the software in the hardware and fix problems

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

2007-06-16 Thread David Schwartz
> On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > I don't see how TiVO has done this. They have placed no restrictions on > > *modification* at all. What they have done is placed a restriction on > > *REPLACEMENT* of the program. > Technicality. In order for the software to rema

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

2007-06-16 Thread Krzysztof Halasa
Sanjoy Mahajan <[EMAIL PROTECTED]> writes: > So you have to give recipients the license text from a particular > version of the GPL. To make that the only version unde which the work > is licensed, you have to add something like "Licensed under the > GPLv2". Otherwise sec. 9 says that you offer

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > They are not keeping a priviledge over the *SOFTWARE* at all. They > are keeping a priviledge over the *HARDWARE*. No, they're using the hardware (along with other pieces of software) to deny users (but not themselves) the freedoms tha

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > I don't see how TiVO has done this. They have placed no restrictions on > *modification* at all. What they have done is placed a restriction on > *REPLACEMENT* of the program. Technicality. In order for the software to remain free (

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

2007-06-16 Thread Tim Post
On Sat, 2007-06-16 at 14:43 -0400, Daniel Hazelton wrote: > > > > You mean renting the computer with the software in it is not > > distribution of the software? > > It is. But you don't have the same rights to a rented machine as you do to > one > you have purchased. In fact, in renting a machi

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Al Viro <[EMAIL PROTECTED]> wrote: > How the hell does that improve the situation for users? Maybe it doesn't. How does it make it worse? Maybe just providing an incentive for the vendor to respect users' freedoms will do the trick, and *some* vendors will do, while those who c

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

2007-06-16 Thread Daniel Hazelton
On Saturday 16 June 2007 04:21:04 Alexandre Oliva wrote: > On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Friday 15 June 2007 23:44:00 Alexandre Oliva wrote: > >> On Jun 16, 2007, Tim Post <[EMAIL PROTECTED]> wrote: > >> > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: >

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

2007-06-16 Thread Daniel Hazelton
On Saturday 16 June 2007 13:14:29 Alexandre Oliva wrote: > On Jun 16, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > On Sat, Jun 16, 2007 at 05:22:21AM -0300, Alexandre Oliva wrote: > >> On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > >> > because it could easily be argued that they

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

2007-06-16 Thread Daniel Hazelton
On Saturday 16 June 2007 12:57:59 Alexandre Oliva wrote: > On Jun 16, 2007, Bernd Schmidt <[EMAIL PROTECTED]> wrote: > > Alexandre Oliva wrote: > >> On Jun 15, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: > >>> What this means for the FSF goals if Tivo get up one morning and switch > >>> their system

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

2007-06-16 Thread Al Viro
On Sat, Jun 16, 2007 at 01:57:59PM -0300, Alexandre Oliva wrote: > On Jun 16, 2007, Bernd Schmidt <[EMAIL PROTECTED]> wrote: > > > Alexandre Oliva wrote: > >> On Jun 15, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: > >> > >>> What this means for the FSF goals if Tivo get up one morning and switch >

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > On Sat, Jun 16, 2007 at 05:22:21AM -0300, Alexandre Oliva wrote: >> On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: >> >> > because it could easily be argued that they linked the BIOS with the >> > Linux kernel >> >> How so?

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Bernd Schmidt <[EMAIL PROTECTED]> wrote: > Alexandre Oliva wrote: >> On Jun 15, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: >> >>> What this means for the FSF goals if Tivo get up one morning and switch >>> their system firmware to ROM however is interesting 8) >> >> I'm not the F

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

2007-06-16 Thread Alan Cox
> Red Hat created the "Fedora" trademark to have a separate and more liberally > licensed trademark that people like cheapbytes.com could use without > reflecting on Red Hat Enterprise. Unfortunately, trying to find reference > for this is non-obvious, because, the Fedora Trademarks page is: >

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

2007-06-16 Thread Sanjoy Mahajan
Krzysztof Halasa <[EMAIL PROTECTED]> writes: > > So, by making the COPYING contain the v2 text, is the author > > specifying a particular version? If yes, then the sec. 9 provision > > would be meaningless, since there would be no way to not specify a > > version number. > > Of course the "publis

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

2007-06-16 Thread Nicolas Mailhot
> I read it: the flash contains everything from the bootloader to the > kernel and file system. The bootloader contains the public key and > checks if the kernel/fs > are ok. That includes calculating hashes and checking signatures. > No encryption/decryption there at all. > > Right? > > Then ho

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

2007-06-16 Thread Nicolas Mailhot
Daniel Hazelton wrote: >> I always did imply a "within reason". To me that means "if it is >> simple for them to do it and can be simply extended to me as well >> then they have to extend it". Handing out a SHA1 key definitely is >> simple and thus IMO something I can expect them to do. > But the

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

2007-06-16 Thread Nicolas Mailhot
Ingo Molnar wrote: > and that's where the GPLv3 errs: it arbitrarily attempts to "define" > some work that can _easily_ be completely separate from the GPL-ed > work to be under the scope of "source code". Well thanksfuly the last draft doesn't and puts keys and other such stuff under "installat

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

2007-06-16 Thread Bernd Schmidt
Alexandre Oliva wrote: > On Jun 15, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: > >> What this means for the FSF goals if Tivo get up one morning and switch >> their system firmware to ROM however is interesting 8) > > I'm not the FSF, and I don't speak for it, but it seems to me that > this would

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

2007-06-16 Thread Bron Gondwana
On Sat, Jun 16, 2007 at 05:22:21AM -0300, Alexandre Oliva wrote: > On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > > because it could easily be argued that they linked the BIOS with the > > Linux kernel > > How so? (I'm going to refer to Linux as GPLix from here on since this argum

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

2007-06-16 Thread David Greaves
Krzysztof Halasa wrote: David Greaves <[EMAIL PROTECTED]> writes: How hard would it be to reprogramm the flash? The flash contains hashes signed by the companies private key. The kernel contains the public key. It can decrypt the hashes but the private key isn't available to encrypt them. So

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

2007-06-16 Thread Bron Gondwana
On Fri, Jun 15, 2007 at 11:24:08AM -0300, Tomas Neme wrote: >> 1) What is "tat"? >> >> 2) How can I get some? >> >> 3) Where do I go to trade it in? > > 4) is it legal to consume it in my country? > > 5) should I have a designed driver when I do? 6) Is that allowed to be a binary-only driver or

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

2007-06-16 Thread Krzysztof Halasa
Sanjoy Mahajan <[EMAIL PROTECTED]> writes: > So, by making the COPYING contain the v2 text, is the author > specifying a particular version? If yes, then the sec. 9 provision > would be meaningless, since there would be no way to not specify a > version number. Of course the "published under ter

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Dmitry Torokhov <[EMAIL PROTECTED]> wrote: >> >> Then, any redistributor adds a copy of any version of the GPL (because >> >> you didn't specify a version number). At this point, is the program >> >> licensed by *you* only under this specific license? >> >> > If they did not mak

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: >> >> > Whether it's a legal requirement or a business decision, the result is >> > the same - neither forcing the man

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

2007-06-16 Thread Alexandre Oliva
On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > because it could easily be argued that they linked the BIOS with the > Linux kernel How so? -- Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/ FSF Latin America Board Member http://www.fsfla.org/ Red Hat Compiler E

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

2007-06-16 Thread Alexandre Oliva
On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 23:44:00 Alexandre Oliva wrote: >> On Jun 16, 2007, Tim Post <[EMAIL PROTECTED]> wrote: >> > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: >> >> Tivo has two choices: either it gives >> >> users the conten

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

2007-06-16 Thread Krzysztof Halasa
David Greaves <[EMAIL PROTECTED]> writes: >> How hard would it be to reprogramm the flash? > > The flash contains hashes signed by the companies private key. > > The kernel contains the public key. It can decrypt the hashes but the > private key isn't available to encrypt them. So although you can

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

2007-06-16 Thread Ingo Molnar
* Linus Torvalds <[EMAIL PROTECTED]> wrote: > > Furthermore when you get source code of free software then there is > > no "meeting of minds" needed for you to accept the GPL's conditions, > > and only the letter of the license (and, in case of any ambiguities, > > the intent of the author of

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

2007-06-16 Thread David Greaves
Krzysztof Halasa wrote: David Greaves <[EMAIL PROTECTED]> writes: This 5 minute design undoubtedly has flaws but it shows a direction: A basically standard 'De11' PC with some flash. A Tivoised boot system so only signed kernels boot. A modified kernel that only runs (FOSS) executables whose si

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

2007-06-15 Thread Scott Preece
On 6/15/07, Tim Post <[EMAIL PROTECTED]> wrote: On Fri, 2007-06-15 at 19:52 -0500, Scott Preece wrote: > > Yes, but in highlighting the possibility of evil intentions you > distort the fact that usually there are no such evil intentions... > I don't think you can use "usually" and "fact" togeth

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > Whether it's a legal requirement or a business decision, the result is > the same - neither forcing the manufacturer to make the device > non-updatable nor forcing the manufactu

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

2007-06-15 Thread Michael Gerdau
> On Friday 15 June 2007 18:59:14 Linus Torvalds wrote: > > So it's true: the GPL just gives you rights, and without it you have no > > rights (other than fair use ones etc), and blah blah. But the distinction > > between "license" vs "contract" really isn't a very important one in any > > case. >

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> > * Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> >> That's correct, but with a catch: since the contract or license is >>

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

2007-06-15 Thread Rob Landley
On Friday 15 June 2007 21:29:22 Linus Torvalds wrote: > On Fri, 15 Jun 2007, Rob Landley wrote: > > Technically what they're holding back is _trademark_ rights, which are a > > different area of IP law and not addressed by the GPL. (I know you know > > this, but just for the record...) > > No, tec

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

2007-06-15 Thread Dmitry Torokhov
On Friday 15 June 2007 23:51, Alexandre Oliva wrote: > On Jun 16, 2007, Dmitry Torokhov <[EMAIL PROTECTED]> wrote: > > > On Friday 15 June 2007 17:08, Alexandre Oliva wrote: > >> >> If the Program does not specify a version number of this License, > >> >> you may choose any version ever published

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

2007-06-15 Thread Tim Post
On Sat, 2007-06-16 at 00:44 -0300, Alexandre Oliva wrote: > On Jun 16, 2007, Tim Post <[EMAIL PROTECTED]> wrote: > > > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: > >> Tivo has two choices: either it gives > >> users the content they want to watch, or it goes out of business. Is > >> t

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 22:16:30 Bron Gondwana wrote: > On Fri, Jun 15, 2007 at 04:26:34PM -0300, Alexandre Oliva wrote: > > On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > > What happens if you're debugging something you think is a bug in the > > > Linux kernel and then you run bang i

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 23:44:00 Alexandre Oliva wrote: > On Jun 16, 2007, Tim Post <[EMAIL PROTECTED]> wrote: > > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: > >> Tivo has two choices: either it gives > >> users the content they want to watch, or it goes out of business. Is > >> that legi

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

2007-06-15 Thread Alexandre Oliva
On Jun 16, 2007, Dmitry Torokhov <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 17:08, Alexandre Oliva wrote: >> >> If the Program does not specify a version number of this License, >> >> you may choose any version ever published by the Free Software >> >> Foundation. > Distributing a copy o

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

2007-06-15 Thread Alexandre Oliva
On Jun 16, 2007, Tim Post <[EMAIL PROTECTED]> wrote: > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: >> Tivo has two choices: either it gives >> users the content they want to watch, or it goes out of business. Is >> that legitimate enough of a reason to restrict the hardware? > Can I s

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

2007-06-15 Thread Sanjoy Mahajan
>> "version 2 or higher" > That phrase exists outside the license That's true. But sec. 9 of the GPLv2 says: If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. So, by making the COPYING contain the v2

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

2007-06-15 Thread Dmitry Torokhov
On Friday 15 June 2007 17:08, Alexandre Oliva wrote: > On Jun 15, 2007, "Dmitry Torokhov" <[EMAIL PROTECTED]> wrote: > > > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: > >> On Jun 15, 2007, "Dmitry Torokhov" <[EMAIL PROTECTED]> wrote: > >> > >> > On 6/15/07, Bernd Paysan <[EMAIL PROTECT

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

2007-06-15 Thread Rob Landley
On Friday 15 June 2007 14:15:58 Linus Torvalds wrote: > On Fri, 15 Jun 2007, Carlo Wood wrote: > > The point is: can you, or can't you (legally) relicense the whole kernel > > tree under the GPLv3 (or GPLv2+GPLv3)? > > No. My special rights do not actually give me those kinds of powers, > exactly b

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

2007-06-15 Thread Tim Post
On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: > Tivo has two choices: either it gives > users the content they want to watch, or it goes out of business. Is > that legitimate enough of a reason to restrict the hardware? Can I submit that they could just rent the use of their machines? I

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

2007-06-15 Thread Bron Gondwana
On Fri, Jun 15, 2007 at 04:26:34PM -0300, Alexandre Oliva wrote: > On Jun 15, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote: > > > What happens if you're debugging something you think is a bug in the > > Linux kernel and then you run bang into some interactions that make you > > think the bug migh

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

2007-06-15 Thread Tim Post
On Fri, 2007-06-15 at 19:52 -0500, Scott Preece wrote: > > Yes, but in highlighting the possibility of evil intentions you > distort the fact that usually there are no such evil intentions... > I don't think you can use "usually" and "fact" together like that. Why is it so bad to account for th

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

2007-06-15 Thread David Schwartz
By the way, the unfortunate answer to the question of what the default position is when contributions to a collective work are received without explicit license, at least in the United States, is: "In the absence of an express transfer of the copyright or of any rights under it, the owner of copy

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

2007-06-15 Thread Rob Landley
On Friday 15 June 2007 18:59:14 Linus Torvalds wrote: > So it's true: the GPL just gives you rights, and without it you have no > rights (other than fair use ones etc), and blah blah. But the distinction > between "license" vs "contract" really isn't a very important one in any > case. Er, copyrig

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Rob Landley <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 15:28:29 Alexandre Oliva wrote: >> On Jun 15, 2007, Rob Landley <[EMAIL PROTECTED]> wrote: >> > On Thursday 14 June 2007 22:25:57 Alexandre Oliva wrote: >> >> Is the signature not derived from the bits in the GPLed co

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> > * Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> >> That's correct, but with a catch: since the contract or license is >> chosen by the licensor, in case of ambiguity in the ter

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> > The FSF's approval of this distinction (ROM versus replaceable) places >> > the FSF's particular principles over users interests, for no >> > particular reason >> Over *users*

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

2007-06-15 Thread Linus Torvalds
On Fri, 15 Jun 2007, Rob Landley wrote: > > Technically what they're holding back is _trademark_ rights, which are a > different area of IP law and not addressed by the GPL. (I know you know > this, but just for the record...) No, technically Red Hat really *does* have copyrights of their ow

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

2007-06-15 Thread Rob Landley
On Friday 15 June 2007 15:28:29 Alexandre Oliva wrote: > On Jun 15, 2007, Rob Landley <[EMAIL PROTECTED]> wrote: > > On Thursday 14 June 2007 22:25:57 Alexandre Oliva wrote: > >> Is the signature not derived from the bits in the GPLed component, as > >> much as it is derived from the key? > > > > A

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 20:22:50 Alexandre Oliva wrote: > On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > > * Alexandre Oliva <[EMAIL PROTECTED]> wrote: > >> On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > >> > it irreversibly cuts off certain people from being to distribute > >>

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

2007-06-15 Thread Rob Landley
On Friday 15 June 2007 13:03:53 Linus Torvalds wrote: > But does Red Hat actually give you *all* the rights they > hold on the DVD? No, they definitely do not. They hold a > compilation copyright on RHEL, and they very much do *not* > give you the r

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: How do these stop a user's exercise of the four freedoms of a piece of software licensed under the GPL? --- I know you don't see it that way, but I still find it bizarre that "the

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 19:39:57 Michael Gerdau wrote: > > > > What matters is *my* intent in *choosing* the GPLv2, not *his* > > > > intent in writing it. > > > > > > I beg to differ. By adopting _his_ license you adopted his view. [...] > > > > ianal, but fortunately that's not what the law is. Th

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: > * Daniel Hazelton <[EMAIL PROTECTED]> wrote: That's correct, but with a catch: since the contract or license is chosen by the licensor, in case of ambiguity in the terms, many courts will interpret it in a way that privileges the licensee,

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: >> That's not true. They can just as well throw the key away and refrain >> from modifying the installed software behind the users' back. > This characterization misses something i

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > * Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: >> >> > it irreversibly cuts off certain people from being to distribute >> > GPLv3-ed software alongside with certain types of hardwa

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

2007-06-15 Thread alan
On Sat, 16 Jun 2007, Al Viro wrote: On Fri, Jun 15, 2007 at 08:13:54PM -0300, Alexandre Oliva wrote: On Jun 15, 2007, Chris Adams <[EMAIL PROTECTED]> wrote: Obviously Linus feels that the spirit of the GPLv2 is exactly what he wanted spirit != letter. He liked the letter. He couldn't even

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

2007-06-15 Thread Al Viro
On Fri, Jun 15, 2007 at 08:13:54PM -0300, Alexandre Oliva wrote: > On Jun 15, 2007, Chris Adams <[EMAIL PROTECTED]> wrote: > > > Obviously Linus feels that the spirit of the GPLv2 is exactly what > > he wanted > > spirit != letter. He liked the letter. He couldn't even tell spirit > from letter

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

2007-06-15 Thread Michael Gerdau
> > > What matters is *my* intent in *choosing* the GPLv2, not *his* > > > intent in writing it. > > > > I beg to differ. By adopting _his_ license you adopted his view. [...] > > ianal, but fortunately that's not what the law is. The license says what > it says, and that is what controls. The

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

2007-06-15 Thread Alexandre Oliva
> * Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> > My experience with german courts has shown me that the judges I had >> > to deal with always and foremost did apply a reality check and did >> > not try to bisect the consequences like an algorithm evaluated by a >> > machine, i.e. the tried t

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, "Scott Preece" <[EMAIL PROTECTED]> wrote: > On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: >> >> > it irreversibly cuts off certain people from being to distribute >> > GPLv3-ed software alongside with certain typ

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 17:24:24 Alexandre Oliva wrote: >> On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> >> PS: Note that Stallmans motivation was *SOURCE* *CODE* *ACCESS* - >> >> nothing else. >> Not, it was to be able

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > I've looked through the GPLv3 and "tivoization" and DRM are the only things > that are functionally different. In reading the GPLv3 *again* today I got the > impression that there are more restrictions than grants of rights. http://f

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Chris Adams <[EMAIL PROTECTED]> wrote: > Obviously Linus feels that the spirit of the GPLv2 is exactly what > he wanted spirit != letter. He liked the letter. He couldn't even tell spirit from letter 2 or 3 days ago. The spirit is the motivations behind the author of the licen

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

2007-06-15 Thread Alan Cox
> And the preamble, not being part of the active portion of the license, has > absolutely *ZERO* bearing. Just as it is not the *intent* of RMS, the FSF or Wrong (again) The pre-amble is incredibly important as is the intent of the license creator and even more so of the author. When trying to

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 15:49:00 Alexandre Oliva wrote: >> On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> > On Thursday 14 June 2007 23:19:24 Alexandre Oliva wrote: >> >> IANAL, but AFAICT it doesn't. Still, encoded in t

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > * Alexandre Oliva <[EMAIL PROTECTED]> wrote: >> >> You're again confusing legal terms with the intent. The legal >> >> terms provide an indication of the intent, but the preamble, along >> >> with the free software definition it alludes

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

2007-06-15 Thread Linus Torvalds
On Sat, 16 Jun 2007, Ingo Molnar wrote: > > btw., still ianal, but the GPLv2 is not a "contract" but a "pure > copyright license". I've been told by several independent sources that it really doesn't matter. The "pure license" argument was born largely for silly reasons: people claimed (a _l

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

2007-06-15 Thread Linus Torvalds
On Sat, 16 Jun 2007, Michael Gerdau wrote: > > I beg to differ. By adopting _his_ license you adopted his view. I'm sorry, but that's simply bullshit. The GPLv2 does not state that you have to become a slave of rms and follow him in all things, and agree with him. Really. You must have read

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

2007-06-15 Thread Ingo Molnar
* Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > My experience with german courts has shown me that the judges I had > > to deal with always and foremost did apply a reality check and did > > not try to bisect the consequences like an algorithm evaluated by a > > machine, i.e. the tried to dec

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 18:06:11 Michael Gerdau wrote: > > > I find it obvious that the GPL was meant to prevent such to be > > > possible. This is what I mean by the "the spirit of the GPL". > > > > Umm. It may well have been meant by *rms*. But your argument fatally > > falls down on the fact that

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

2007-06-15 Thread Ingo Molnar
* Michael Gerdau <[EMAIL PROTECTED]> wrote: > > What matters is *my* intent in *choosing* the GPLv2, not *his* > > intent in writing it. > > I beg to differ. By adopting _his_ license you adopted his view. [...] ianal, but fortunately that's not what the law is. The license says what it says,

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 17:45:16 Alexandre Oliva wrote: > On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Friday 15 June 2007 15:37:04 Alexandre Oliva wrote: > >> On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > >> > On Friday 15 June 2007 02:59:31 Jesper Juhl wrote:

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

2007-06-15 Thread Michael Gerdau
> > I find it obvious that the GPL was meant to prevent such to be possible. > > This is what I mean by the "the spirit of the GPL". > > Umm. It may well have been meant by *rms*. But your argument fatally falls > down on the fact that rms has had *nothing* to do with the Linux kernel. While I r

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

2007-06-15 Thread Ingo Molnar
* Linus Torvalds <[EMAIL PROTECTED]> wrote: > > And the preamble, not being part of the active portion of the > > license, has absolutely *ZERO* bearing. > > That's not true. Again, ianal, etc etc, but: > > "Intent" *does* matter, and if you wrote down the intent at the time > you entered som

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

2007-06-15 Thread Scott Preece
On 6/15/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote: On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > it irreversibly cuts off certain people from being to distribute > GPLv3-ed software alongside with certain types of hardware that the > FSF's president does not like. That's not tru

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 17:24:24 Alexandre Oliva wrote: > On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > >> PS: Note that Stallmans motivation was *SOURCE* *CODE* *ACCESS* - > >> nothing > > > > else. > > Not, it was to be able to modify the behavior of the printer, and he > needed th

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

2007-06-15 Thread Ingo Molnar
* Alexandre Oliva <[EMAIL PROTECTED]> wrote: > >> You're again confusing legal terms with the intent. The legal > >> terms provide an indication of the intent, but the preamble, along > >> with the free software definition it alludes to, do an even better > >> job at that. > > > And the prea

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

2007-06-15 Thread Chris Adams
Once upon a time, Alexandre Oliva <[EMAIL PROTECTED]> said: >But at least my participation in this thread was to show that GPLv3 >does not indeed change the spirit, unlike others who missed or >misunderstood the spirit claimed. What you continue to miss is that "the spirit of the GPL" is some mys

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

2007-06-15 Thread Linus Torvalds
On Fri, 15 Jun 2007, Daniel Hazelton wrote: > > And the preamble, not being part of the active portion of the license, has > absolutely *ZERO* bearing. That's not true. Again, ianal, etc etc, but: "Intent" *does* matter, and if you wrote down the intent at the time you entered some legal agr

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 16:04:15 Alexandre Oliva wrote: > On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > 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

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

2007-06-15 Thread Ingo Molnar
* Alexandre Oliva <[EMAIL PROTECTED]> wrote: > On Jun 15, 2007, Ingo Molnar <[EMAIL PROTECTED]> wrote: > > > it irreversibly cuts off certain people from being to distribute > > GPLv3-ed software alongside with certain types of hardware that the > > FSF's president does not like. > > That's not

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > On Friday 15 June 2007 15:37:04 Alexandre Oliva wrote: >> On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> > On Friday 15 June 2007 02:59:31 Jesper Juhl wrote: >> >> it doesn't say anything about being able to run a compil

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Al Viro <[EMAIL PROTECTED]> wrote: > On Fri, Jun 15, 2007 at 06:04:33PM -0300, Alexandre Oliva wrote: >> > No specific case law, but I'd expect serious [eventual] trouble for >> > somebody trying to slap some different license in such case. >> >> Consider this (to make the freein

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 15:49:00 Alexandre Oliva wrote: > On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Thursday 14 June 2007 23:19:24 Alexandre Oliva wrote: > >> IANAL, but AFAICT it doesn't. Still, encoded in the spirit (that > >> refers to free software, bringing in the free

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

2007-06-15 Thread Al Viro
On Fri, Jun 15, 2007 at 06:04:33PM -0300, Alexandre Oliva wrote: > > No specific case law, but I'd expect serious [eventual] trouble for > > somebody trying to slap some different license in such case. > > Consider this (to make the freeing-the-lion story short): > > Jar file with .class files,

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

2007-06-15 Thread Ingo Molnar
* Alexandre Oliva <[EMAIL PROTECTED]> wrote: > > see the slippery slope in action? Lets just use this limited > > concession on your part and show that _even this_ leads to absurd > > results: > > > - a "roadblock" such as a too small button? > > Why is it too small? > > > - a "roadblock" su

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > And it doesn't *MATTER* what they intended, or what they feel the "spirit" of > the license is. The second they made it public and gave people the option of > applying the GPL to their projects their intent lost all meaning - because

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 15:49:15 David Woodhouse wrote: > On Fri, 2007-06-15 at 11:23 -0700, Linus Torvalds wrote: > > On Fri, 15 Jun 2007, David Woodhouse wrote: > > > Actually, I don't see where it explicitly states that it only covers > > > derived work. > > > > See "Section 0": > > > > The "

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: >> PS: Note that Stallmans motivation was *SOURCE* *CODE* *ACCESS* - nothing > else. Not, it was to be able to modify the behavior of the printer, and he needed the source code in order to do that. Even for a tivoized printer, this wo

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, Robin Getz <[EMAIL PROTECTED]> wrote: > On Thu 14 Jun 2007 13:46, Alexandre Oliva pondered: >> On Jun 14, 2007, Robin Getz <[EMAIL PROTECTED]> wrote: >> > As a person pretty familiar with the hardware in these types of >> > devices - this just isn't practical. >> >> Well, then, o

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

2007-06-15 Thread Alexandre Oliva
On Jun 15, 2007, [EMAIL PROTECTED] (Lennart Sorensen) wrote: > On Thu, Jun 14, 2007 at 11:21:59PM -0300, 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

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

2007-06-15 Thread Florin Malita
On 06/15/2007 02:30 PM, Michael Poole wrote: Florin Malita writes: On 06/15/2007 12:18 PM, Michael Poole wrote: Yes. If I cut a book in half and store the halves separately, does the second half become an independent work? Except in this case you're not touching the book at

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

2007-06-15 Thread Daniel Hazelton
On Friday 15 June 2007 15:37:04 Alexandre Oliva wrote: > On Jun 15, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > On Friday 15 June 2007 02:59:31 Jesper Juhl wrote: > >> it doesn't say anything about being able to run a compiled version > >> of that source on any specific hardware. > > > > A

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