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

From: david
Date: Wed Jun 20 2007 - 23:41:46 EST


On Wed, 20 Jun 2007, Michael Poole wrote:

david@xxxxxxx writes:

if the GPL can excercise control over compilations, then if Oracle
were to ship a Oracle Linux live CD that contained the Oracle Database
in the filesystem image, ready to run. then the GPL would be able to
control the Oracle Database code.

By copyright law, it could. By its language, it does not.

many people (including many lawyers will disagree that it could by copyright law

if the GPL can't do this then it can't control the checksum either.

again, it's not just the kernel that's part of the checksum on a tivo,
the checksum is over the kernel + initial filesystem, much of which
contains code not covered by the gPL)

Again, did you miss where I pointed out that this makes it *worse* for
Tivo, because they are tying together -- and making inseparable -- a
combination that would otherwise be "mere aggregation"?

and it makes most distro CD's illegal since they contain code under different incompatible licenses and they make a checksum across the entire CD image.

David Lang
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