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

[Florin Malita]

On 06/14/2007 02:27 PM, Alexandre Oliva wrote:
> > No, by this twisted logic Tivo *cannot* modify that particular copy
> > any more than you can. They can modify *another* copy (just like you)
> > and they can *replace* the copy in your device with the new version
> > (unlike you).
> >     
>
> Again, replacing is one form of modification.
>   

No, it's not: replacing does not create derivative work. Modification does.

You've chosen to attach a physical dimension to "program copy" and I'm 
arguing that even under this distorted line of reasoning you can't 
support your position:

> The customer gets the copy that TiVO stored in the hard disk in
> the device it sells.  And it's that copy that the customer is entitled
> to modify because TiVO is still able to modify it.

* Tivo takes public sources, modifies them and builds a brand new blob
* Tivo installs this new copy on the device, most likely side-by-side 
with the old one - notice how the new copy is derived from public 
sources and has absolutely nothing to do with the old version (heck, it 
can be a totally different kernel for what it's worth)
* Tivo deletes the old copy from the device

It seems pretty obvious that the only right Tivo is withholding is the 
right to install new versions on the device - they never do (and really 
never could) "modify" the physical copy on your device (which is your 
main argument).


> What do you think you do when you save a modified source file in your
> editor?

Don't skip the part where the in-memory version started as an exact copy 
of the original being replaced. Notice the difference? ;)

---
fm


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