Messages in this thread | | | From | Daniel Hazelton <> | Subject | Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 | Date | Sat, 16 Jun 2007 14:43:26 -0400 |
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On Saturday 16 June 2007 04:21:04 Alexandre Oliva wrote: > On Jun 16, 2007, Daniel Hazelton <dhazelton@enter.net> wrote: > > On Friday 15 June 2007 23:44:00 Alexandre Oliva wrote: > >> On Jun 16, 2007, Tim Post <tim.post@netkinetics.net> wrote: > >> > On Fri, 2007-06-15 at 23:29 +0200, Ingo Molnar wrote: > >> >> Tivo has two choices: either it gives > >> >> users the content they want to watch, or it goes out of business. Is > >> >> that legitimate enough of a reason to restrict the hardware? > >> > > >> > Can I submit that they could just rent the use of their machines? > >> > >> I don't think this would escape the wording of section 6 in GPLv3dd4: > >> > >> [...] User Product is transferred to the recipient in perpetuity or > >> for a fixed term (regardless of how the transaction is > >> characterized), [...] > >> > >> and IMHO that's as it should be to defend the freedoms of the user. > > > > In the case of renting a machine you can try to legislate new laws all > > you want. It doesn't make a difference. There are certain rights you > > don't get when renting something that you do when you own it. > > You mean renting the computer with the software in it is not > distribution of the software?
It is. But you don't have the same rights to a rented machine as you do to one you have purchased. In fact, in renting a machine you have to agree to a "renters contract" - and that can state *whatever* the person that is renting the machine to you feels like having it state. And yes, they can even have terms in it that violate the GPL. Not that a "renters contract" ("rental agreement" or whatever they call them in your jurisdiction) that has those terms can *legally* violate the GPL - but it doesn't stop them from existing.
DRH
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