Torvalds considered the anti-TiVo clause to be changing the deal and he didn't want to do that, and there's no way in GPLv3 to opt-out of the clause[0].
This is less "locking down devices is a human right" and more him being angry that the FSF was trying to butt into his project's affairs. He's also similarly angry about "GNU/Linux" as it sounds an awful lot like Stallman just demanding everyone stick "GNU" onto the name of Linus's kernel project.
Anyway all of this is going to seem really quaint in 2027 when Broadcom gets sued under DMCA 1201 by a rogue kernel contributor for evading the Linux linker's license checks[1] and they have to hurriedly rewrite them out of the kernel and relicense anyway.
[0] Granting a blanket exception doesn't work because others can just remove the exception. "No further restrictions" is an ironclad law of copyleft.
[1] The Linux kernel checks the declared license of loaded modules and refuses to link non-GPL-compatible code against any kernel symbol not marked as a user-space equivalent. The reason why this works this way is because Linux ships under GPLv2 plus an exception that says user-space APIs don't trip copyleft, so you can legally load code built to those APIs into the kernel, but anything else might violate GPL.
Since this is enforcing an interpretation of the GPL, this is a DMCA 1201 technical protection measure. You absolutely could make a DMCA 1201 anticircumvention claim in court against a proprietary driver developer that tried to evade the checks. Though Linus usually just bans their modules in the next kernel revision since he's mainly worried about keeping proprietary modules from generating spurious bug reports in Linux. But the lawsuit is still possible, since they're on GPLv2. If they had relicensed to GPLv3, this wouldn't be an issue.
Are you arguing that the GPL check “effectively controls access to a work” or “effectively protects a right of a copyright owner [..] in a work or a portion thereof”? Either way, the bar of how “effective” a measure needs to be to count may be low, but probably not that low.
This is less "locking down devices is a human right" and more him being angry that the FSF was trying to butt into his project's affairs. He's also similarly angry about "GNU/Linux" as it sounds an awful lot like Stallman just demanding everyone stick "GNU" onto the name of Linus's kernel project.
Anyway all of this is going to seem really quaint in 2027 when Broadcom gets sued under DMCA 1201 by a rogue kernel contributor for evading the Linux linker's license checks[1] and they have to hurriedly rewrite them out of the kernel and relicense anyway.
[0] Granting a blanket exception doesn't work because others can just remove the exception. "No further restrictions" is an ironclad law of copyleft.
[1] The Linux kernel checks the declared license of loaded modules and refuses to link non-GPL-compatible code against any kernel symbol not marked as a user-space equivalent. The reason why this works this way is because Linux ships under GPLv2 plus an exception that says user-space APIs don't trip copyleft, so you can legally load code built to those APIs into the kernel, but anything else might violate GPL.
Since this is enforcing an interpretation of the GPL, this is a DMCA 1201 technical protection measure. You absolutely could make a DMCA 1201 anticircumvention claim in court against a proprietary driver developer that tried to evade the checks. Though Linus usually just bans their modules in the next kernel revision since he's mainly worried about keeping proprietary modules from generating spurious bug reports in Linux. But the lawsuit is still possible, since they're on GPLv2. If they had relicensed to GPLv3, this wouldn't be an issue.