Message-ID: <47AB0911.3060508@davidnewall.com>
Date: Fri, 08 Feb 2008 00:05:13 +1030
From: David Newall <davidn@davidnewall.com>
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To: Diego Zuccato <diego@otello.alma.unibo.it>
CC: Greg KH <greg@kroah.com>, Christer Weinigel <christer@weinigel.se>,
       linux-usb@vger.kernel.org, linux-kernel@vger.kernel.org
Subject: Re: [PATCH] USB: mark USB drivers as being GPL only
References: <20080125180232.GA4613@kroah.com>            <20080202123710.42df1aa0@weinigel.se>            <20080202191930.GA19826@kroah.com>            <47A5D895.20300@davidnewall.com>            <47A6E742.80408@otello.alma.unibo.it> <courier.47A8F072.000079E4@hawking.rebel.net.au> <47AAC1EE.6060101@otello.alma.unibo.it>
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Diego Zuccato wrote:
> David Newall ha scritto:
>
>> "Of course", because in many parts of the world, a device who's
>> manufacturer fails to take reasonable steps to prevent it from being
>> used outside regulatory limits is illegal.  Providing source code not
>> only is a failure to take those reasonable steps, but is quite the
>> opposite.  It may even be viewed as encouraging users to use it
>> inappropriately.
> If the device is well engineered, there's nothing the sw can do to
> make it work outside regulatory limits.

That's naive, since requirements differ in different jurisdictions, as
I'm sure you are perfectly aware.

> Sometimes there's simply NOTHING the SW can do to *avoid* it. Think
> about a CB radio. International standard is 5W (well, somewhere it's
> 3, IIRC, but that's another story: nobody produces a special model
> with a final amplifier for only 3W, everyone produces the 5W and turns
> down power in some other way).
Precisely: One purpose of the driver is to enforce local compliance.

> But linear amplifiers are commonly sold. And (at least in Italy) it's
> not illegal to buy one, even if it can boost antenna power to 1000W.
> It's illegal just to USE it.
In Australia it's illegal to own them (CB licensee; HAMs are allowed to
use them, although not on 27Mhz.)

> And it's a logical problem, too: why should the *driver* enforce a
> *technical* limit?
That's part of it's purpose.  It permits a manufacturer to make a global
device that operates within local restrictions.
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