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

[Alan Cox <alan@lxorguk.ukuu.org.uk>]

> What if TiVo had put the kernel in a burned-in ROM (not flash, or on a
> flash ROM with no provision for reprogramming it)?  Would that also
> violate the "spirit" of the GPL?  Must any device that wishes to include
> GPL code include additional hardware to support replacing that code
> (even if that hardware is otherwise superfluous)?

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.