I recently decided to upgrade my HTC Magic, and buy a HTC Desire, as I noted the source code for the Kernel was now available.
After receiving my HTC Desire, I quickly found that there was no way to install my custom built kernel, which appears to violate the GPL license.
Previously, on devices such as the HTC Magic, we have been able to gain access to an "engineering SPL", which would allow us to install our own custom kernels. Unfortunately, I have been unable to find a suitable SPL for the bravo platform.
The following is an extract from the GNU General Public License Version 2, which can be found in the file "COPYING" located within the archive file "bravo_54b7033a.tar.gz", which is available for download from your website.
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable.
Pursuant to the GNU GPL, I am hereby requesting that you make available the scripts to install a custom kernel to the HTC Desire.
I understand that HTC has recently come under attack for GPL violations related to the Desire's kernel source code, and I appreciate that you (HTC) are working with the community, in an attempt to uphold the law.
I look forward to hearing from you.
IANAL, But i'm quite sure that the GPL exists to allow the freedom of creating and using derived works.