GPLv3 issues: TiVO-isation

This is the first of a series of discussions on the version 3 of the GPL. This post will report on the oddly named process of TiVO-isation.

At times the GNU/Linux desktop operating system is seen as the flagship of Free Software but it is important to remember that while the flagship is important and symbolic it is not the foundation upon which the impact of Free Software should be measured.

The greatest technological foundation of Free Software is the use of stripped down Linux kernels in embedded applications. One such application is the TiVO recorder. The TiVO is an embedded device made up of several GNU packages. The device is capable of recording several TV channels at the same time.

The definition of Free Software is sometimes reproduced in a simple â??four freedomsâ?? format. If software fulfils these four conditions it is Free. If any of the four freedoms is limited in any way the software is proprietary. For the sake of completeness the four freedoms are listed here:

Freedom to run the program, for any purpose (freedom 0).
Freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
Freedom to redistribute copies so you can help your neighbor (freedom 2).
Freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

According to the freedoms it permissible to modify a GPL licensed program without re-distributing it, or running proprietary software on top of the GPL licensed software.

The TiVO has modified GNU/Linux in order to implement DRM within the operation of their video recorder. In compliance with the GPL, they released the source code for these modifications. Users are therefore able to modify the code and the operation of the video recorder. To this extent the TiVO is GPL compliant.

The problem is that TiVO contains a special mechanism that shuts down the machine if the user attempts to install modified software. Therefore the user is allowed to modify the code but is prevented from in reality from using these modifications in the embedded application of the TiVO. This makes freedom 1 into a sham.

The new version of the GPL (version 3) will prevent the compliance with the letter of the freedoms without the compliance to the purpose and spirit of the GPL.

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