Return-path: Received: from mail-wm0-f65.google.com ([74.125.82.65]:36637 "EHLO mail-wm0-f65.google.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1751298AbeERJpU (ORCPT ); Fri, 18 May 2018 05:45:20 -0400 Received: by mail-wm0-f65.google.com with SMTP id n10-v6so13936989wmc.1 for ; Fri, 18 May 2018 02:45:19 -0700 (PDT) Subject: Re: [PATCH V3 0/5] Update brcm firmware files To: Arend van Spriel , Josh Boyer Cc: Linux Firmware , chi-hsien.lin@cypress.com, Linux Wireless , brcm80211-dev-list.pdl@broadcom.com, brcm80211-dev-list@cypress.com, franky.lin@broadcom.com, hante.meuleman@broadcom.com, wright.feng@cypress.com References: <1521209329-59441-1-git-send-email-chi-hsien.lin@cypress.com> <5AF960B6.2010709@broadcom.com> <5AFA9DB0.7060703@broadcom.com> <5AFE9637.8010607@broadcom.com> From: Hans de Goede Message-ID: (sfid-20180518_114525_327249_2FE002F1) Date: Fri, 18 May 2018 11:45:17 +0200 MIME-Version: 1.0 In-Reply-To: <5AFE9637.8010607@broadcom.com> Content-Type: text/plain; charset=utf-8; format=flowed Sender: linux-wireless-owner@vger.kernel.org List-ID: Hi, On 18-05-18 11:00, Arend van Spriel wrote: > On 5/18/2018 9:04 AM, Hans de Goede wrote: >> Hi, >> >> On 15-05-18 10:43, Arend van Spriel wrote: >>> On 5/14/2018 2:05 PM, Josh Boyer wrote: >>>> n Mon, May 14, 2018 at 6:11 AM Arend van Spriel < >>>> arend.vanspriel@broadcom.com> wrote: >>>> >>>>> On 3/16/2018 3:08 PM, Chi-Hsien Lin wrote: >>>>>> Update brcm firmware files and WHENCE accordingly. >>>> >>>>> Hi firmware-maintainers, >>>> >>>>> It seems this series somehow got lost. Can these still be applied. They >>>>> can be found in the linux-wireless patchwork database. I provided links >>>>> below. >>>> >>>> All 5 of these move the respective firmware files under the Cypress >>>> license.  It has been pointed out that the Cypress license has some >>>> questionable language in it and that people have been in touch to try >>>> and >>>> get this resolved.  I'm personally waiting on applying them until the >>>> licence issue is sorted out. >>> >>> Thanks, Josh >>> >>> I could not find any such response. Has it been taken off-list? Seems >>> like 2 months is quite some time, but maybe there are lawyers involved >>> ;-) >> >> Yes the discussion about this has been happening off-list. IANAL but >> the gist of it is (AFAIK) that: >> >> https://git.kernel.org/pub/scm/linux/kernel/git/firmware/linux-firmware.git/tree/LICENCE.cypress >> >> >> has a clause which allows Cypress to retro-actively revoke the LICENSE: >> >> "either party may terminate this Agreement at any time with or without >> cause." >> ... >> "Upon termination, you must destroy all copies of Software in your >> possession or >> control." >> >> So upon revokation we would have to remove the files from linux-firmware >> (rewrite git history?) and since distros get their redistribution rights >> from this license too they would also need to remove it from their packages >> including all mirrors and archives of older versions. Which simply is not >> feasible and no other license in linux-firmware has such a clause. > > Check again. From LICENCE.broadcom_bcm43xx: > > """ > 2.      Restrictions. Licensee shall distribute Software with a copy of this > Agreement. Licensee shall not remove, efface or obscure any copyright or > trademark notices from the Software. Reproductions of the Broadcom copyright > notice shall be included with each copy of the Software, except where such > Software is embedded in a manner not readily accessible to the end user. > Licensee shall not: (i) use, license, sell or otherwise distribute the Software > except as provided in this Agreement; (ii) attempt to modify in any way, > reverse engineer, decompile or disassemble any portion of the Software; or > (iii) use the Software or other material in violation of any applicable law or > regulation, including but not limited to any regulatory agency. This Agreement > shall automatically terminate upon Licensee\u2019s failure to comply with any of the > terms of this Agreement. In such event, Licensee will destroy all copies of the > Software and its component parts. > """ That has the "destroy all copies of (the) Software" language, but the entire file does not have anything equivalent to: "either party may terminate this Agreement at any time with or without cause.". So as long as we abide by the license terms, the LICENCE.broadcom_bcm43xx license will never terminate and the "destroy all copies of (the) Software" language is not a problem. The main problem is the "either party may terminate this Agreement at any time with or without cause." language in the Cypress license. Note IANAL and TINLA. Regards, Hans