Tivoization still possible with GPLv3 (draft4)?
The latest draft of the GPLv3 contains many improvements over the previous ones. It also still contains several minor issues, some of which date back to the first draft. Among these, there is a paragraph that remained unchanged since the first draft, although there were several comments saying that it could provide a loophole:
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The problem is that “automatically” is not defined and it could lead to abuses, including preventing users from running modified versions of GPL software on some devices (the Tivoization problem that GPLv3 tries to prevent). “Automatically” can cover current practices such as generating
Makefile.in using autoconf, generating
parser.y using bison, etc.
But “automatically” could also include some operations that are impractical in terms of time or special equipment required. A file that can be regenerated automatically but requires several hundred years of computation on a supercomputer will effectively prevent most people from compiling the software and installing it on their device (if that file is required during installation or during run time). The canonical example would be if the tool that regenerates the missing source file requires the factorization of the product of two very large prime numbers.
As long as the company selling the device provides the complete Corresponding Source (including tools necessary for regenerating the missing files) and Installation Information, then they would be compliant to the GPLv3. As long as the source code (with the missing file) is the “prefered form of the work for making modifications to it”, then they have followed the GPL to the letter… while still preventing users from running modified code on their devices.
Of course I reported this problem and I included links to the previous comments on the same issue. But it looks like this issue has been ignored so far, despite the fact that the comments on the first draft are more than a year old.