Return-path: Received: from mail-bl2nam02on0130.outbound.protection.outlook.com ([104.47.38.130]:27283 "EHLO NAM02-BL2-obe.outbound.protection.outlook.com" rhost-flags-OK-OK-OK-FAIL) by vger.kernel.org with ESMTP id S1750978AbeEUKoj (ORCPT ); Mon, 21 May 2018 06:44:39 -0400 Reply-To: chi-hsien.lin@cypress.com Subject: Re: [PATCH V3 0/5] Update brcm firmware files To: "Hans de Goede ; Chirjeev Singh" , Arend van Spriel , Josh Boyer Cc: Linux Firmware , 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: Chi-Hsien Lin Message-ID: (sfid-20180521_124443_574059_51EB92AB) Date: Mon, 21 May 2018 18:44:15 +0800 MIME-Version: 1.0 In-Reply-To: Content-Type: text/plain; charset=utf-8; format=flowed Sender: linux-wireless-owner@vger.kernel.org List-ID: On 05/18/2018 5:45, Hans de Goede wrote: > 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. (Added Chirjeev who is discussing with Cypress Legal about this) > > Regards, > > Hans > > > ---------- > > You're receiving this message because you're a member of the > brcm80211-dev-list group. > . >