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

[Alexandre Oliva <aoliva@redhat.com>]

On Jun 18, 2007, david@lang.hm wrote:

> Ok, next question, could you do the same thing if you used a CD
> instead of a ROM?

Yes, I believe the very same reasoning applies.

> what makes a blob delivered via a network inherently different from
> the same blob delivered via a plugin ROM or CD?

Err...  Nothing, really, except that delivery over the network doesn't
even have a physical support that you might wish you could possibly
modify but Mother Nature won't let you.

What could make a difference, as far as GPLv3 is concerned, is that
conveyance over the network might be considered more easily separate
from the transaction involving the user product than receiving the CD
or the ROM chip along with it.

But then, a lot of it would depend on the the precise contractual
terms surrounding the transference of the user product, on intent and
how that's interpreted by courts, and on how good a justice money can
buy ;-)

-- 
Alexandre Oliva         http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member         http://www.fsfla.org/
Red Hat Compiler Engineer   aoliva@{redhat.com, gcc.gnu.org}
Free Software Evangelist  oliva@{lsd.ic.unicamp.br, gnu.org}