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Re: Fedora Freedom and linux-libre



jeff <moe blagblagblag org> wrote:
> Anders Karlsson wrote:
> > * jeff <moe blagblagblag org> [20080618 17:50]:
> > [snip]
> >> ...  more pages of hex

> >> I personally downloaded this file believing that I was getting a
> >> free GPL driver. Broadcom says so in the patch itself, in the
> >> included LICENSE file, and their website when you click to download
> >> it. Red Hat is shipping it as GPLv2. So either they have to provide
> >> the source (if they have it), stop shipping it, or *at least* stop
> >> saying they are shipping a GPLv2 kernel if they are
> >> unwilling/unable to provide the source.
> > You missed the discussion where it was pointed out that some firmware
> > is written in hex directly, as there is no compiler. Good luck with
> > demanding the source to that dude...

>   ---->   "Derived from proprietary unpublished source code"  <----
> 
> 
> 
> linux-2.6.25/drivers/net/tg3.c:
> 
> /*
>  * tg3.c: Broadcom Tigon3 ethernet driver.
>  *
>  * Copyright (C) 2001, 2002, 2003, 2004 David S. Miller (davem redhat com)
>  * Copyright (C) 2001, 2002, 2003 Jeff Garzik (jgarzik pobox com)
>  * Copyright (C) 2004 Sun Microsystems Inc.
>  * Copyright (C) 2005-2007 Broadcom Corporation.
>  *
>  * Firmware is:
>  *      Derived from proprietary unpublished source code,
>  *      Copyright (C) 2000-2003 Broadcom Corporation.
>  *
>  *      Permission is hereby granted for the distribution of this firmware
>  *      data in hexadecimal or equivalent format, provided this copyright
>  *      notice is accompanying it.
>  */
> 
> 
> 
> tg3.c is the example I have been using all along.

The above note clearly indicates the firmware is to be considered a
separate piece, that just so happens is written as data inside this C file.

> Of course actually getting Red Hat or Broadcom to turn it over
> wouldn't be easy. Broadcom has some legal issues of their own right
> now, heh.

None at all. Broadcom is explicitly allowing distribution of the firmware
in hex. In any case, it is their stuff, they can do as they please with it.

Red Hat never had the source. If you sue them for it, they will tell you
they have Broadcom's permission to distribute it (only) as stated above.
-- 
Dr. Horst H. von Brand                   User #22616 counter.li.org
Departamento de Informatica                    Fono: +56 32 2654431
Universidad Tecnica Federico Santa Maria             +56 32 2654239
Casilla 110-V, Valparaiso, Chile 2340000       Fax:  +56 32 2797513


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