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

From: Dmitry Torokhov
Date: Thu Jun 14 2007 - 16:15:27 EST

On 6/14/07, Alexandre Oliva <aoliva@xxxxxxxxxx> wrote:
On Jun 14, 2007, "Dmitry Torokhov" <dmitry.torokhov@xxxxxxxxx> wrote:

> Ok, consider non-derived work.

I did, you snipped it out:

>> If your change is not a derived work, you're not bound by the terms
>> of the GPL as far as the change is concerned, so the GPL has no say
>> whatsoever as to how you must release it. If you choose the GPL,
>> then you're a licensor, and the requirements to pass on all the
>> rights you have do not apply.

Yes, I did, thank you for putting the text back in.

> Because I am distributing whole program
> I have to do it under GPL.

Please notice this sentence. GPL still influences the way I release
stuff (if I want to release the work as whole) but it does not mean
passing all rigths I could possibly have.

> However I still have the right to
> distribute just the portion that is written by me under whatevel
> license I want but you as a recepient of GPLed whole do not get this
> right. IOW I am not passing all the rights _I have_.

I see what you mean. IANAL, but I don't think that's how it works.

When your work is not a derived work, the GPL that applies to the rest
of the program does not make you a licensee, and it only covers your
work if you choose to license it that way. And then, you're the sole
licensor of that piece of the work.

So, with regard to TIVO, why are you saying that GPL shoudl affect
their hardware (I assume that key check/enforce is done in firmware
taht is separate from kernel image)?

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