Could Linux Still Go GPL3?

turnitover writes "Even though Linus has said 'The Linux kernel has always been under the GPL v2. Nothing else has ever been valid,' LinuxWatch is reporting that Richard Stallman has said it's ultimately up to the developers. And those on the LKML (Linux Kernel Mailing List) are going back and forth about whether to move to GPL3. The sticking point, not surprisingly, is the issue of DRM." In response to the DRM issue Linus wrote: "I personally think that the anti-DRM clause is much more sensible in the context of the Creative Commons licenses, than in software licenses. If you create valuable and useful content that other people want to be able to use (catchy tunes, funny animation, good icons), I would suggest you protect that _content_ by saying that it cannot be used in any content-protection schemes."

Comments

Scenarios

[Michael Woodhams]

Scenario A:
Alan signs a Linux binary with his private key "A". He makes available public key "a". Many Linux installations are set to refuse to run binarys which are not signed to match one of the public keys they have in their "trusted keys" file, which typically include Alan's key "a". I can run a modified binary as follows: Create my own key pair "C" and "c". Add public key "c" to my trusted keys file. Modify, compile the program, sign the binary with "C". The program now runs.

Scenario B:
BadCorp's box has DRM-like hardware which refuses to run any code not signed by BadCorp's private key B. They use a modified, signed copy of Linux as the OS. They make available the source of their modifications (which are pretty much specific to their hardware) but nobody else can modify the kernel running on a BadCorp box because they don't have key B.

I think scenario B is what the GPL v3 language is trying to forbid, and scenario A is why GPL v3 doesn't require Alan's private key to be released. However, I'm not sure what happens in

Scenario C:
BadCorp produce a box which won't run unsigned code, and which only they can add keys to the trusted keys file. DastardlyCorp produce modified GPL programs for the BadCorp box, sign the binaries with key "D" and pay BadCorp to add key "d" to the trusted keys file. DastardlyCorp won't release key "D" - "It's our private key. Get BadCorp to add your key to the box if you want to modify stuff. It is their fault, not ours, that you can't run on their box." BadCorp says "Only if you pay us money. We aren't bound by the the GPL - we don't release any GPLed software." (And BadCorp and DastardlyCorp just happen to be owned by the same people.)

Scenario D:
As above, but BadCorp unilaterally add Alan's key "a" to the trusted keys list. Now Alan can recompile for the BadCorp box, but other people can't - but Alan did not want this situation to be.

How can the license force DastardlyCorp to release their key in scenario C, but not force Alan to release in scenario D?

Disclaimer - I am not a lawyer, I have not followed this controversy closely. Better informed comment is invited.