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Greg Ewing wrote:
> Jan Ciger wrote:
> 
>> This is a red herring - neither PS nor Wii are able to run code unsigned
>> by either Sony or Nintendo.
>>
>> Please, find a better example.
> 
> Surely this is *exactly* the kind of problem being talked about?
> All the source code of the Playstation's OS and its games could
> be disclosed under the GPL, yet it wouldn't do anyone any good.
> 
> Whether this matters to you depends on whether you want to
> prevent a company from profiting from your code in a manner
> like this.
> 

Greg, the problem is that the "profiting from your code" is illusory at
best in this example. Explain me how exactly would e.g. Sony profit from
having to port an obscure game engine to their console. And nobody else
can do it due to the issues with the keys and all.

Sony could very well release a modified version of their PS firmware
that will allow unsigned versions of Soya to run if they were so
hell-bent on getting this great 3D engine on their console. They would
comply even with GPL v3. like this (no key required any more), BUT:

You *still* wouldn't be any closer to compiling a modified version
yourself - GPL v.3. does not force anyone to release the compiler and
development kit. It requires only the *installation information*,
defined as:

“Installation Information” for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product
from a modified version of its Corresponding Source. The information
must suffice to ensure that the continued functioning of the modified
object code is in no case prevented or interfered with solely because
modification has been made."

You would have a hard case proving that it means that Sony or whoever
needs to give your their compiler too just because it was used to
compile GPL v3 code. The clause speaks about installation and execution,
not about creating the modified work. This wasn't a problem for Tivo,
because the gcc toolchain is available. The official (not the Linux
devel kit) PS/2 and PS/3 toolchain is not.

Moreover, preventing people from profiting from your code is actually
not what GPL is about - if you do not want commercial use, then use a
different license than GPL. This is a common mistake and GPL abuse,
leading to all kinds of problems when people think that GPL ensures only
non-commercial use.

Still, I am not against re-licensing and I am not really a copyright
holder in Soya, so I am not the one to make the call. However, I would
like such decision to be made based on facts and real issues, not on red
herrings, FUD, and straw man arguments.

Regards,

Jan
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