However, Linus's interpretation of the GPLv2 in that video was only coincidentally in line with the FSF at the time. The goal of the FSF has always been to ensure user's freedoms above all else and I feel the GPLv3 better accomplishes that end than the GPLv2. From the perspective of the FSF, hardware manufacturers discovered a loophole in the GPL which allowed people to ship GPL code while denying users their freedoms.
I understand that for many developers there's a balance to be struck. Some developers don't care how their work is used and the MIT, BSD, or DWTFYW licenses are perfect choice for them, but some developers decide that they want to be sure that not only will they get source code back but also that their work wont be used to harm users and they're the perfect candidates for the GPLv3.
* Evil meaning
It isn't Fort Knox, but look at how long it took to break the PS3 which utilised a system like this (years). While people may find other ways of gaining root and can subsequently disable this check, it would take third party firmware from "trivial to install" to "a damn pain in the ass."
Heck if they REALLY cared just enable things like SELinux and move a lot of root processes into other users.
GPL v2 wouldn't be violated, per previous.
GPL v3 software isn't used in many places.
http://git.kernel.org/cgit/linux/kernel/git/torvalds/linux.g...
The linux kernel is GPL v2 and that is the only part they'd really use.
The GPL means that you have a license to do so from the person who owns the rights to the code, but that doesn't mean the government cannot prevent you from exercising that right.
IANAL, but I think it would be reasonably easy for them to get away with this on the grounds that they are "only" preventing activity that is already illegal. (Not to mention that many hardware manufacturers blatantly violate the GPL as it is already).
If you cannot comply with the terms of the GPL, you cannot distribute the GPL'd software at all. If the FCC prohibits you from distributing the tools and information necessary to build the source code as required by the GPL, then you have to stop using that software in your product. The FCC does not have the power to authorize copyright infringement like that.