Originally posted by pweed
I agree, the modified work is the underlying OS. But the sentence goes on to discuss the distribution of seperate works along with it. And you cannot bring a proprietary piece of software under the GPL by 'merely aggregating' - so the argument would really be, "are TiVo's separate works the subject of 'mere aggregation'

I would say 'no.' Having done quite a bit of research on what is defined by 'mere aggregation' I would say that the sections, which would qualify as separate works if distributed separately (like MS office in your example) are not defined by 'mere aggregation' - they are integrated at much lower levels, and are intricately intertwined as a system.
Then if that's the case, I want the entire verbatim source code of the TiVo from TiVo, not just the already GPL'ed code that they modified