I think we’re saying the same thing; maybe I worded it confusingly. BSD is supposed to allow proprietary-ization, and GPL is supposed to prevent it. Apple is within both the letter and spirit of the BSD license with what they’re doing with iOS. Google is technically within the letter of the GPL with how they distribute Android, just as Redhat is technically within it in how they distribute RHEL, and honestly maybe both cases are fine, but it’s far from the intent. The spirit of the GPL is that people who would receive an Android phone would know that the relevant parts of their phone’s software are open source and have a realistic ability to modify them, which I’d argue is true for pretty much 0% of even tech-savvy users today.
If the courts would just back that up, you would be able to recompile all the GPL’d parts of your smartphone’s firmware and run that on your phone.
Firmware? You mean kernel, right? (in addition to whatever low-level userland tools are GPLd, which I’m sure is a bunch.)
I don’t think Google really did anything wrong here. The letter of the law is being upheld pretty well in what they’re doing. I think the issue is the cell phone manufacturers making it de facto impossible to modify your cell phone. I don’t think the GPL actually makes any requirement for modifying the software in-place being a requirement (nor should it IMO), and providing the source code is done carefully in accordance with the license. It’s very different from the “fuck you I take your stuff, sue me hippie” stance that Broadcom took. Broadcom very clearly broke the law.
In my opinion, the issue is that a cell phone is such a free-software-hostile environment that arguably GPL software shouldn’t “be allowed to” come into contact with it in any capacity if the spirit of the GPL were being upheld. IDK how you can write something like that into a license though. And I think that’s what Perens is saying – that we need a new model that comes closer to the spirit in terms of what the actual result is.
(Edit: Actually, maybe making it a realistic possibility to drop in a recompiled replacement should be a part of the GPL. I remember people were talking about this decades ago with signed bootloaders and things, so that a recompiled kernel wouldn’t boot on particular machines unless you broke the DMCA by doing something to your hardware. I said I wouldn’t like any attempt in the license to forbid that, but on reflection, it sounds like maybe a pretty good way to better uphold the spirit of the GPL with particular legal language.)