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

2007-06-26 Thread David Schwartz
> But thats YOURcompanyname.com. Not a third party. If you gave as a > link somebodyelsescompany.com/gpl then somebodyelse could get rid of > the link, and your offer wouldn't be valid for "at least three years" > > T You mean it might not be valid for at least three years. It also might be. You

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

2007-06-26 Thread David Schwartz
Alexandre Oliva: > On Jun 26, 2007, Al Boldi <[EMAIL PROTECTED]> wrote: > > > I read your scenario of the vendor not giving you the source to > > mean: not > > directly; i.e. they could give you a third-party download link. > > This has never been enough to comply with GPLv2. A lot of people

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

2007-06-26 Thread David Schwartz
Alexandre Oliva: On Jun 26, 2007, Al Boldi [EMAIL PROTECTED] wrote: I read your scenario of the vendor not giving you the source to mean: not directly; i.e. they could give you a third-party download link. This has never been enough to comply with GPLv2. A lot of people seem to say

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

2007-06-26 Thread David Schwartz
But thats YOURcompanyname.com. Not a third party. If you gave as a link somebodyelsescompany.com/gpl then somebodyelse could get rid of the link, and your offer wouldn't be valid for at least three years T You mean it might not be valid for at least three years. It also might be. You also

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

2007-06-26 Thread David Schwartz
On Jun 26, 2007, David Schwartz [EMAIL PROTECTED] wrote: Alexandre Oliva: On Jun 26, 2007, Al Boldi [EMAIL PROTECTED] wrote: I read your scenario of the vendor not giving you the source to mean: not directly; i.e. they could give you a third-party download link. This has

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

2007-06-26 Thread David Schwartz
[EMAIL PROTECTED] wrote: this sounds like a step backwards, you may not have the sources at that point if you were relying on the other site to host them. You would then be violating the GPL, under any version. The GPL is quite clear that being unable to comply with it means you do not get

RE: Question about fair schedulers

2007-06-24 Thread David Schwartz
Alberto Gonzalez wrote: > On Saturday 23 June 2007, Kyle Moffett wrote: > > On Jun 22, 2007, at 18:07:15, Alberto Gonzalez wrote: > > What this *actually* means is that you want the media player to have > > higher priority than the DVD ripping program. Ergo you should run > > "nice +20

RE: Question about fair schedulers

2007-06-24 Thread David Schwartz
Alberto Gonzalez wrote: On Saturday 23 June 2007, Kyle Moffett wrote: On Jun 22, 2007, at 18:07:15, Alberto Gonzalez wrote: What this *actually* means is that you want the media player to have higher priority than the DVD ripping program. Ergo you should run nice +20 my_dvd_burner or

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread David Schwartz
> > It's this simple, those who chose the GPLv2 for Linux and their > > contributions to it don't want people to create derivative > > works of their > > works that can't be Tivoized. They see this as a feature, and it's the > Untrue. Many of us think (and the lawyers are unsure) that it is

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread David Schwartz
It's this simple, those who chose the GPLv2 for Linux and their contributions to it don't want people to create derivative works of their works that can't be Tivoized. They see this as a feature, and it's the Untrue. Many of us think (and the lawyers are unsure) that it is covered by

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

2007-06-21 Thread David Schwartz
On Jun 21, 2007, [EMAIL PROTECTED] wrote: > On Jun 21, 2007, [EMAIL PROTECTED] wrote: > >> For the record, GPLv2 is already meant to accomplish this. I don't > >> understand why people who disagree with this stance chose GPLv2. > >> Isn't "no further restrictions" clear enough? > > everyone

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: > Now, if you guys can't recognize a goodwill gesture when you see one, > and prefer to live in the paranoid beliefs that "those evil FSFers are > trying to force me into a situation in which they'll then be able to > steal my code", that's really up to you. Don't try to

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: > With a mere permission to combine, I can only enforce these provisions > over my own code. What does "my own code" mean when we're talking about derivative works and code in the codebase influencing the design of later code? Code from one module gets copied into

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
> > Wouldn't that defeat the entire purpose of the GPLv3? Couldn't > > I take any > > GPLv3 program, combine it with a few lines of Linux code, and > > Tivoize the > > result? > No. This is not permission to relicense. This is permission to > combine. Each author still gets to enforce the

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: > However, if GPLv3 had a permission to combine/link with code under > GPLv2, *and* Linux (and any other projects interested in mutual > compatibility) introduced an additional permission to combine/link > with code under GPLv3 (or even GPLv3+, constrained by some

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

2007-06-21 Thread David Schwartz
> On Wed, 20 Jun 2007 12:55:10 -0700 > "David Schwartz" <[EMAIL PROTECTED]> wrote: > > A key is a number. A signature is a number. They are neither > > statements nor > > instructions. The argument that GPLv2 prohibits Tivoization is > > really an

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

2007-06-21 Thread David Schwartz
On Wed, 20 Jun 2007 12:55:10 -0700 David Schwartz [EMAIL PROTECTED] wrote: A key is a number. A signature is a number. They are neither statements nor instructions. The argument that GPLv2 prohibits Tivoization is really and truly absurd. It has neither a legal nor a moral leg

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: However, if GPLv3 had a permission to combine/link with code under GPLv2, *and* Linux (and any other projects interested in mutual compatibility) introduced an additional permission to combine/link with code under GPLv3 (or even GPLv3+, constrained by some condition

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Wouldn't that defeat the entire purpose of the GPLv3? Couldn't I take any GPLv3 program, combine it with a few lines of Linux code, and Tivoize the result? No. This is not permission to relicense. This is permission to combine. Each author still gets to enforce the terms of her

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: With a mere permission to combine, I can only enforce these provisions over my own code. What does my own code mean when we're talking about derivative works and code in the codebase influencing the design of later code? Code from one module gets copied into another.

RE: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread David Schwartz
Alexandre Oliva wrote: Now, if you guys can't recognize a goodwill gesture when you see one, and prefer to live in the paranoid beliefs that those evil FSFers are trying to force me into a situation in which they'll then be able to steal my code, that's really up to you. Don't try to shift

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

2007-06-21 Thread David Schwartz
On Jun 21, 2007, [EMAIL PROTECTED] wrote: On Jun 21, 2007, [EMAIL PROTECTED] wrote: For the record, GPLv2 is already meant to accomplish this. I don't understand why people who disagree with this stance chose GPLv2. Isn't no further restrictions clear enough? everyone else is reading

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

2007-06-20 Thread David Schwartz
> I believe compilation copyrights do bear on GPL-licensed software, by > virtue of the GPL's sentence "[...] rather, the intent is to exercise > the right to control the distribution of derivative _or collective_ > works based on the Program." (emphasis added). Ahh, good. So there's no problem

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

2007-06-20 Thread David Schwartz
> By "creative combination" do you mean what US copyright law refers to > as compilations (or their subset collective works)? Not only. By "creative combination" I mean either a compilation or a derivative work. I was a bit unclear about that because I wasn't really addressing compilation rights

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

2007-06-20 Thread David Schwartz
> Most of this list has > already dismissed your rather unique -- I would even say frivolous -- > idea of how far "mere aggregation" goes: I, for one, have better > things to do than explain why a C file is not a "mere aggregation" of > the functions it contains.) > > Michael Poole Of course

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

2007-06-20 Thread David Schwartz
> This argument is the obvious nonsense. "Runs on TiVO" is a property of > the software that TiVO distributes -- such an important property that > it would be nonsensical for them to distribute it with their hardware. > But they do distribute it, and only the GPL allows them to. Why does the

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

2007-06-20 Thread David Schwartz
> I do not say that the BIOS is doing anything (legally) wrong. The > wrong act is distributing the binary kernel image without distributing > complete source code for it. Why are you not complaining that Linus does not distribute the keys he uses to sign kernel source distributions? If a

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

2007-06-20 Thread David Schwartz
> The kernel you build from the source code that Tivo distributes must > be accepted by Tivo's hardware without making other modifications (to > Tivo's hardware or bootloader). If that is possible, I will retract > what I said. If it is not possible, they are omitting part of the > program's

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

2007-06-20 Thread David Schwartz
> Tomas Neme writes: > > I have been following this discussion for the last week or so, and > > what I haven't been able to figure out is what the hell is the big > > deal with TiVO doing whatever they want to with their stupid design. > > They made a design, they build a machine, they sell it

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

2007-06-20 Thread David Schwartz
> Much as I hate to extend the life of this execrable thread, since I > think Alexandre makes Sisyphus look like a hard-nosed pragmatist, it > seems pretty clear that TiVO impinges "[my] freedom to run the > program, for any purpose" if "any purpose" includes "make my TiVO do > what I want," and

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

2007-06-20 Thread David Schwartz
Much as I hate to extend the life of this execrable thread, since I think Alexandre makes Sisyphus look like a hard-nosed pragmatist, it seems pretty clear that TiVO impinges [my] freedom to run the program, for any purpose if any purpose includes make my TiVO do what I want, and likewise to

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

2007-06-20 Thread David Schwartz
Tomas Neme writes: I have been following this discussion for the last week or so, and what I haven't been able to figure out is what the hell is the big deal with TiVO doing whatever they want to with their stupid design. They made a design, they build a machine, they sell it as is, and

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

2007-06-20 Thread David Schwartz
The kernel you build from the source code that Tivo distributes must be accepted by Tivo's hardware without making other modifications (to Tivo's hardware or bootloader). If that is possible, I will retract what I said. If it is not possible, they are omitting part of the program's source

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

2007-06-20 Thread David Schwartz
I do not say that the BIOS is doing anything (legally) wrong. The wrong act is distributing the binary kernel image without distributing complete source code for it. Why are you not complaining that Linus does not distribute the keys he uses to sign kernel source distributions? If a digital

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

2007-06-20 Thread David Schwartz
This argument is the obvious nonsense. Runs on TiVO is a property of the software that TiVO distributes -- such an important property that it would be nonsensical for them to distribute it with their hardware. But they do distribute it, and only the GPL allows them to. Why does the

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

2007-06-20 Thread David Schwartz
Most of this list has already dismissed your rather unique -- I would even say frivolous -- idea of how far mere aggregation goes: I, for one, have better things to do than explain why a C file is not a mere aggregation of the functions it contains.) Michael Poole Of course it's not mere

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

2007-06-20 Thread David Schwartz
By creative combination do you mean what US copyright law refers to as compilations (or their subset collective works)? Not only. By creative combination I mean either a compilation or a derivative work. I was a bit unclear about that because I wasn't really addressing compilation rights at

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

2007-06-20 Thread David Schwartz
I believe compilation copyrights do bear on GPL-licensed software, by virtue of the GPL's sentence [...] rather, the intent is to exercise the right to control the distribution of derivative _or collective_ works based on the Program. (emphasis added). Ahh, good. So there's no problem with

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

2007-06-19 Thread David Schwartz
> > You keep smuggling in the same assumption without ever > > defending it. There > > is a user. There is a person who gets to decide what software runs on a > > particular piece of hardware. You keep assuming they must be the same > > person. > No, I'm just saying that whoever gets to decide

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

2007-06-19 Thread David Schwartz
> Right. All GPL can say is that you cannot impose further restrictions > on how the user adapts the software, and since the user runs the > software on that computer, that means you must not restrict the user's > ability to upgrade or otherwise replace that software there, when you > gave the

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

2007-06-19 Thread David Schwartz
> > The GPL was never about allowing you to load modified software > > onto hardware > > where the legitimate creators/owners of that hardware say, "no, > > you may not > > modify the software running on this hardware". > Good try but you had to add creators there so the sentence actually >

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

2007-06-19 Thread David Schwartz
> On Jun 18, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote: > > Why is the fact that only the root user can load a kernel module not a > > further restriction? > Because the user (under whose control the computer is, be it person or > company) set up

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

2007-06-19 Thread David Schwartz
The GPL was never about allowing you to load modified software onto hardware where the legitimate creators/owners of that hardware say, no, you may not modify the software running on this hardware. Good try but you had to add creators there so the sentence actually supported your

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

2007-06-19 Thread David Schwartz
On Jun 18, 2007, David Schwartz [EMAIL PROTECTED] wrote: Why is the fact that only the root user can load a kernel module not a further restriction? Because the user (under whose control the computer is, be it person or company) set up the root password herself? Well, duh. TiVo, under

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

2007-06-19 Thread David Schwartz
Right. All GPL can say is that you cannot impose further restrictions on how the user adapts the software, and since the user runs the software on that computer, that means you must not restrict the user's ability to upgrade or otherwise replace that software there, when you gave the user

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

2007-06-19 Thread David Schwartz
You keep smuggling in the same assumption without ever defending it. There is a user. There is a person who gets to decide what software runs on a particular piece of hardware. You keep assuming they must be the same person. No, I'm just saying that whoever gets to decide cannot

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

2007-06-18 Thread David Schwartz
> This is a very limited reading of the GPL that leaves out one of its > most important provisions: the bit about "no further restrictions". Why is the fact that only the root user can load a kernel module not a further restriction? Simple -- anyone who is bothered by that restriction can remove

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

2007-06-18 Thread David Schwartz
> David Schwartz writes: > >> First, end users buy and use the hardware in question. It does not > >> belong to Tivo, so the analogy to his laptop fails there. > > No, this is incorrect. They buy *some* of the rights to the > > hardware but not > > all

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

2007-06-18 Thread David Schwartz
> The box could even be sold by third party vendors, I think they may even > have started off that way, my old Series 1 had a big Philips logo on it. > So now we make sure that this hardware refuses to boot any unsigned > code, but it wasn't shipped containing GPLv3 software, so it's license >

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

2007-06-18 Thread David Schwartz
> First, end users buy and use the hardware in question. It does not > belong to Tivo, so the analogy to his laptop fails there. No, this is incorrect. They buy *some* of the rights to the hardware but not all of them. Specifically, they do not buy the right to choose what software runs on that

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

2007-06-18 Thread David Schwartz
> > But you're not the user of the software on my laptop. I am. > ahh, but by your own argument you aren't Let's not confuse owner with user and let's not confuse ownership of copyrights with ownership of particular copies. > the software on your laptop is owned by people like Linus, Al Viro,

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

2007-06-18 Thread David Schwartz
> > Any number of ways. For example, you probably don't connect the > > serial ports > > to a device I have access to. > But you're not the user of the software on my laptop. I am. Even when I get web pages from your web server? > > I'm sorry, who is "the user"? Who exactly is supposed to be

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

2007-06-18 Thread David Schwartz
> > Sure, and you use the hardware to stop me from modifying the > > Linux on your > > laptop. > Do I? How so? Any number of ways. For example, you probably don't connect the serial ports to a device I have access to. > >> You don't use the software in my laptop. The laptop is not yours. >

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

2007-06-18 Thread David Schwartz
> On Jun 17, 2007, Alan Cox <[EMAIL PROTECTED]> wrote: > > >> I don't know any law that requires tivoization. > > > In the USSA it is arguable that wireless might need it (if done in > > software) for certain properties. (The argument being it must be > > tamperproof to random end consumers). > >

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

2007-06-18 Thread David Schwartz
> Ok, can I please rewrite my argument to: > > "The hardware manufacturer has built a custom BIOS and also written > Linux kernel support for said BIOS. They have released the kernel > drivers under GPL as required, but have not released the code to the > BIOS, instead just releasing the

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

2007-06-18 Thread David Schwartz
Ok, can I please rewrite my argument to: The hardware manufacturer has built a custom BIOS and also written Linux kernel support for said BIOS. They have released the kernel drivers under GPL as required, but have not released the code to the BIOS, instead just releasing the interface

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

2007-06-18 Thread David Schwartz
On Jun 17, 2007, Alan Cox [EMAIL PROTECTED] wrote: I don't know any law that requires tivoization. In the USSA it is arguable that wireless might need it (if done in software) for certain properties. (The argument being it must be tamperproof to random end consumers). But this is not

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

2007-06-18 Thread David Schwartz
Sure, and you use the hardware to stop me from modifying the Linux on your laptop. Do I? How so? Any number of ways. For example, you probably don't connect the serial ports to a device I have access to. You don't use the software in my laptop. The laptop is not yours. You have no

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

2007-06-18 Thread David Schwartz
Any number of ways. For example, you probably don't connect the serial ports to a device I have access to. But you're not the user of the software on my laptop. I am. Even when I get web pages from your web server? I'm sorry, who is the user? Who exactly is supposed to be able to

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

2007-06-18 Thread David Schwartz
But you're not the user of the software on my laptop. I am. ahh, but by your own argument you aren't Let's not confuse owner with user and let's not confuse ownership of copyrights with ownership of particular copies. the software on your laptop is owned by people like Linus, Al Viro,

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

2007-06-18 Thread David Schwartz
First, end users buy and use the hardware in question. It does not belong to Tivo, so the analogy to his laptop fails there. No, this is incorrect. They buy *some* of the rights to the hardware but not all of them. Specifically, they do not buy the right to choose what software runs on that

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

2007-06-18 Thread David Schwartz
The box could even be sold by third party vendors, I think they may even have started off that way, my old Series 1 had a big Philips logo on it. So now we make sure that this hardware refuses to boot any unsigned code, but it wasn't shipped containing GPLv3 software, so it's license terms

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

2007-06-18 Thread David Schwartz
David Schwartz writes: First, end users buy and use the hardware in question. It does not belong to Tivo, so the analogy to his laptop fails there. No, this is incorrect. They buy *some* of the rights to the hardware but not all of them. Specifically, they do not buy the right

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

2007-06-18 Thread David Schwartz
This is a very limited reading of the GPL that leaves out one of its most important provisions: the bit about no further restrictions. Why is the fact that only the root user can load a kernel module not a further restriction? Simple -- anyone who is bothered by that restriction can remove it

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

2007-06-16 Thread David Schwartz
> On Jun 16, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote: > > No, this is completely and utterly wrong. By this logic, Linux > > isn't free if > > I can't run it on *YOUR* laptop. TiVo places restrictions on > > *hardware*. The > > hardwa

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

2007-06-16 Thread David Schwartz
> On Jun 16, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote: > > I don't see how TiVO has done this. They have placed no restrictions on > > *modification* at all. What they have done is placed a restriction on > > *REPLACEMENT* of the program. > Technicality. In order for the software to

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

2007-06-16 Thread David Schwartz
On Jun 16, 2007, Daniel Hazelton [EMAIL PROTECTED] wrote: I don't see how TiVO has done this. They have placed no restrictions on *modification* at all. What they have done is placed a restriction on *REPLACEMENT* of the program. Technicality. In order for the software to remain free

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

2007-06-16 Thread David Schwartz
On Jun 16, 2007, David Schwartz [EMAIL PROTECTED] wrote: No, this is completely and utterly wrong. By this logic, Linux isn't free if I can't run it on *YOUR* laptop. TiVo places restrictions on *hardware*. The hardware is not free. TiVo uses the hardware to stop the user from

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

2007-06-15 Thread David Schwartz
By the way, the unfortunate answer to the question of what the default position is when contributions to a collective work are received without explicit license, at least in the United States, is: "In the absence of an express transfer of the copyright or of any rights under it, the owner of

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

2007-06-15 Thread David Schwartz
> On Thursday 14 June 2007 22:47, David Schwartz wrote: > > The GPL does not require it to be easy in fact to modify the piece of > > software. > Yes it does, section 3: "The source code for a work means the > preferred form > of the work for making modificatio

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

2007-06-15 Thread David Schwartz
> As long as it's not distributed "as part of a whole which is a work > based on the Program", there's no problem. > > You seem to be suggesting that even linking the Program together with > other stuff doesn't create a 'work based on the Program'. You seem claim > it's "mere aggregation on a

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

2007-06-15 Thread David Schwartz
On Thursday 14 June 2007 22:47, David Schwartz wrote: The GPL does not require it to be easy in fact to modify the piece of software. Yes it does, section 3: The source code for a work means the preferred form of the work for making modifications to it. It then even lists that you need

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

2007-06-15 Thread David Schwartz
As long as it's not distributed as part of a whole which is a work based on the Program, there's no problem. You seem to be suggesting that even linking the Program together with other stuff doesn't create a 'work based on the Program'. You seem claim it's mere aggregation on a volume of a

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

2007-06-15 Thread David Schwartz
By the way, the unfortunate answer to the question of what the default position is when contributions to a collective work are received without explicit license, at least in the United States, is: In the absence of an express transfer of the copyright or of any rights under it, the owner of

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

2007-06-14 Thread David Schwartz
> Perhaps the FSF will in future remember to pack a copy of the GPL in each > of its md5sum files on the mirror if this is a derivative work, and > modify the bittorrent protocol to include a copy of the GPL in the seed > files 8) > > Alan I realize you're joking, but for the benefit of anyone

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

2007-06-14 Thread David Schwartz
> Do you even understand what "tit-for-tat" means? I don't. Could someone please explain it. Specifically: 1) What is "tat"? 2) How can I get some? 3) Where do I go to trade it in? DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to

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

2007-06-14 Thread David Schwartz
> > Since the Linux kernel as a whole does not have a single author, it is > > impossible to license it as a whole. Nobody has the authority > > to do that. > > (The GPL is not a copyright assignment type license.) > Actually, Linus Torvalds, as maintainer, probably has a > compilation

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

2007-06-14 Thread David Schwartz
> Can you explain to me how it is that the Tivoization provisions (the > only objection you have to GPLv3) conflict with this? Is it really that hard to understand? GPLv2 applied only to works people chose to place under that license or to works that contain so much code that someone chose to

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

2007-06-14 Thread David Schwartz
> Oh, come on: you're not serious, right? Something indeed prevents me > -- the fact that I'm not a hardware manufacturer, I don't have fabs, > outsource vendors to provide me w/ designs, ASICs, etc. Nor to I have > the money to pay one-off prices for various components if they're even >

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

2007-06-14 Thread David Schwartz
> What about if your GPL program ends up in a piece of hardware > (e.g. a ROM, > or an embedded ROM, or if it's some GPL code from OpenCores, as gate > netlist in silicon)? My interpretation is that you need a permission from > the author for doing that, unless there's an easy way to replace > it

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

2007-06-14 Thread David Schwartz
> The GPL applies to "the Program" which in this case is the Linux kernel > as a whole and it in fact does indicate a specific version. All code > submitted and included in this program has has been submitted with the > understanding that the work as a whole is specifically licensed as > GPLv2.

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

2007-06-14 Thread David Schwartz
The GPL applies to the Program which in this case is the Linux kernel as a whole and it in fact does indicate a specific version. All code submitted and included in this program has has been submitted with the understanding that the work as a whole is specifically licensed as GPLv2. Some

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

2007-06-14 Thread David Schwartz
What about if your GPL program ends up in a piece of hardware (e.g. a ROM, or an embedded ROM, or if it's some GPL code from OpenCores, as gate netlist in silicon)? My interpretation is that you need a permission from the author for doing that, unless there's an easy way to replace it with

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

2007-06-14 Thread David Schwartz
Oh, come on: you're not serious, right? Something indeed prevents me -- the fact that I'm not a hardware manufacturer, I don't have fabs, outsource vendors to provide me w/ designs, ASICs, etc. Nor to I have the money to pay one-off prices for various components if they're even available in

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

2007-06-14 Thread David Schwartz
Can you explain to me how it is that the Tivoization provisions (the only objection you have to GPLv3) conflict with this? Is it really that hard to understand? GPLv2 applied only to works people chose to place under that license or to works that contain so much code that someone chose to

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

2007-06-14 Thread David Schwartz
Since the Linux kernel as a whole does not have a single author, it is impossible to license it as a whole. Nobody has the authority to do that. (The GPL is not a copyright assignment type license.) Actually, Linus Torvalds, as maintainer, probably has a compilation copyright. See

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

2007-06-14 Thread David Schwartz
Do you even understand what tit-for-tat means? I don't. Could someone please explain it. Specifically: 1) What is tat? 2) How can I get some? 3) Where do I go to trade it in? DS - To unsubscribe from this list: send the line unsubscribe linux-kernel in the body of a message to [EMAIL

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

2007-06-14 Thread David Schwartz
Perhaps the FSF will in future remember to pack a copy of the GPL in each of its md5sum files on the mirror if this is a derivative work, and modify the bittorrent protocol to include a copy of the GPL in the seed files 8) Alan I realize you're joking, but for the benefit of anyone who

Re: PC speaker

2007-06-12 Thread David Schwartz
> So, the idea was raised about seeing if there was a way to blow the PC > speaker by loading a kernel module. If so, a mass-deployment of a > kernel module overnight would take care of the PC speaker problem once > and for all. No way. None of the conceivable ways of burning out hardware are

RE: PC speaker

2007-06-12 Thread David Schwartz
> > >I'd say impossible. Just disconnect it from the motherboard. > > > > The days when hardware *relied* on software (hence, where software > > could damage hardware) are over. > Nice theory but you can destroy or render useless a fair amount of PC > hardware via software, usually because the

RE: PC speaker

2007-06-12 Thread David Schwartz
I'd say impossible. Just disconnect it from the motherboard. The days when hardware *relied* on software (hence, where software could damage hardware) are over. Nice theory but you can destroy or render useless a fair amount of PC hardware via software, usually because the thing is

Re: PC speaker

2007-06-12 Thread David Schwartz
So, the idea was raised about seeing if there was a way to blow the PC speaker by loading a kernel module. If so, a mass-deployment of a kernel module overnight would take care of the PC speaker problem once and for all. No way. None of the conceivable ways of burning out hardware are

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

2007-06-10 Thread David Schwartz
> http://www.eweek.com/article2/0,1759,1915720,00.asp > has the answer. Quoting Linus: > > "If you want to license a program under any later version of the > GPL, you have > to state so explicitly. Linux never did." > > Hence, unless there's a "GPL 2 or later", all the "unspecified GPL" files >

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

2007-06-10 Thread David Schwartz
http://www.eweek.com/article2/0,1759,1915720,00.asp has the answer. Quoting Linus: If you want to license a program under any later version of the GPL, you have to state so explicitly. Linux never did. Hence, unless there's a GPL 2 or later, all the unspecified GPL files are GPL2 only.

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

2007-06-09 Thread David Schwartz
> But; if the Linux kernel should Dual-Licensed (GPL V2 and GPL V3), it > will allow us the both worlds' fruits like code exchanging from other > Open Source Projects (OpenSolaris etc.) that is compatible with GPL V3 > and not with GPL V2 and of course the opposite is applicable,too. That is a

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

2007-06-09 Thread David Schwartz
But; if the Linux kernel should Dual-Licensed (GPL V2 and GPL V3), it will allow us the both worlds' fruits like code exchanging from other Open Source Projects (OpenSolaris etc.) that is compatible with GPL V3 and not with GPL V2 and of course the opposite is applicable,too. That is a

RE: slow open() calls and o_nonblock

2007-06-04 Thread David Schwartz
Aaron Wiebe wrote: > David Schwartz wrote: > > There is no way you can re-try the request. The open must > > either succeed or > > not return a handle. It is not like a 'read' operation that has > > an "I didn't > > do anything, and you can retry this r

RE: slow open() calls and o_nonblock

2007-06-04 Thread David Schwartz
Aaron Wiebe wrote: David Schwartz wrote: There is no way you can re-try the request. The open must either succeed or not return a handle. It is not like a 'read' operation that has an I didn't do anything, and you can retry this request option. If 'open' returns a file handle

RE: slow open() calls and o_nonblock

2007-06-03 Thread David Schwartz
> Now, Netapp speed aside, O_NONBLOCK and O_DIRECT seem to make zero > difference to my open times. Example: > > open("/somefile", O_WRONLY|O_NONBLOCK|O_CREAT, 0644) = 1621 <0.415147> How could they make any difference? I can't think of any conceivable way they could. > Now, I'm a userspace

RE: slow open() calls and o_nonblock

2007-06-03 Thread David Schwartz
Now, Netapp speed aside, O_NONBLOCK and O_DIRECT seem to make zero difference to my open times. Example: open(/somefile, O_WRONLY|O_NONBLOCK|O_CREAT, 0644) = 1621 0.415147 How could they make any difference? I can't think of any conceivable way they could. Now, I'm a userspace guy so I

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