Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262675AbVDHEGC (ORCPT ); Fri, 8 Apr 2005 00:06:02 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262665AbVDHEGB (ORCPT ); Fri, 8 Apr 2005 00:06:01 -0400 Received: from zxa8020.lanisdn-gte.net ([206.46.31.146]:40409 "EHLO links.magenta.com") by vger.kernel.org with ESMTP id S262675AbVDHEFk (ORCPT ); Fri, 8 Apr 2005 00:05:40 -0400 Date: Fri, 8 Apr 2005 00:05:27 -0400 From: Raul Miller To: linux-kernel@vger.kernel.org, debian-legal@lists.debian.org, linux-acenic@sunsite.dk Subject: Re: non-free firmware in kernel modules, aggregation and unclear copyright notice. Message-ID: <20050408000527.Z32136@links.magenta.com> References: <87is2ydnmk.fsf@kreon.lan.henning.makholm.net> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline User-Agent: Mutt/1.2.5.1i In-Reply-To: ; from davids@webmaster.com on Thu, Apr 07, 2005 at 08:05:31PM -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1715 Lines: 38 On Thu, Apr 07, 2005 at 08:05:31PM -0700, David Schwartz wrote: > I think we have a real problem, however, in cases where the source > file that holds only the firmware data contains a GPL notice. Sure: the GPL notice isn't completely valid. But I think people have already decided that this is an issue that needs to be fixed. And, I think most of the approach for fixing these is fairly clear. That said... perhaps it's worth going over a hierarchy of copyright issues: First, there's the issue of whether or not work is protected by copyright. I think we're talking about stuff that's protected by copyright. If it is protected by copyright, there's the question of whether the things being done with that work are regulated by copyright law. I think we're talking about activities (making copies of linux and distributing it) which are regulated by copyright law. If both hold, the next question is whether or not the copyright license allows this use. As you've indicated, we do have some real issues here. Finally, if you're dealing with regulated activity and the license doesn't allow it, it's up to the copyright holder to decide whether or not to prosecute. So far, the copyright holders haven't said much about these issues. We probably have some issues where what we're doing is only by the good graces of the copyright holder(s). We should fix those things, of course, but currently there aren't any deadlines we have to meet. -- Raul - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/