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

Daniel Forrest
2007-06-14T02:52:47Z

On Thu, Jun 14, 2007 at 02:52:48AM +0100, Alan Cox wrote:
>
> As a PS to the GPL3 comment here is the basic difference
>
> ROM - I can't modify the code on the device
> The creator can't modify the code further on the device
>
> Tivo - I can't modify the code on the device
> The owner can modify the code
>
> One is an implicit limitation of the hardware (just like I can't run
> openoffice on a 4MB PC even though the license gives me the right to
> try), the other is an artificial restriction.
>
> One case is witholding freedom in the GPL sense by one party while
> keeping it themselves, the other is a limitation of the system
> inevitably imposed on everyone.

I've been following this discussion and I find this interesting.
Consider these two cases:

1.) I ship the device back to the manufacturer, they replace the ROM,
and ship it back to me.

2.) I ship the device back to the manufacturer, they load new code
into it, and ship it back to me.

How do these two differ? Or is it now just a question of the ROM
being in a socket? I can't see how the technicalities of how the
hardware is constructed can change the legality of the software.

--
Dan