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Re: Fedora Freedom and linux-libre

Horst H. von Brand wrote:
jeff <moe blagblagblag org> wrote:
Anders Karlsson wrote:
* jeff <moe blagblagblag org> [20080618 17:50]:
...  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   "Derived from proprietary unpublished source code"  <----


 * 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 *      Derived from proprietary unpublished source code,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.

A separate piece which was itself distributed under the GPL (or at least firmware of the same family--broadcom ethernet):

/*                                                                            */
/* Broadcom BCM5700 Linux Network Driver, Copyright (c) 2000 - 2003 Broadcom  */
/* Corporation.                                                               */
/* All rights reserved.                                                       */
/*                                                                            */
/* This program is free software; you can redistribute it and/or modify       */
/* it under the terms of the GNU General Public License as published by       */
/* the Free Software Foundation, located in the file LICENSE.                 */
/*                                                                            */
/* (c) COPYRIGHT 2001-2004 Broadcom Corporation, ALL RIGHTS RESERVED.         */
/*                                                                            */
/*  Name: F W _ L S O 0 5. H                                                  */
/*  Author : Kevin Tran                                                       */
/*  Version: 1.2                                                              */
/*                                                                            */
/* Module Description:  This file contains firmware binary code of TCP        */
/* Segmentation firmware (BCM5705).                                           */
/*                                                                            */
/* History:                                                                   */
/*    08/10/02 Kevin Tran       Incarnation.                                  */
/*    02/02/04 Kevin Tran       Added Support for BCM5788.                    */

[tons of hex]

This *only* includes the firmware in hex. So what license is this under? GPL,no?

Linus (or the copyright holder) can't just say "oh cpu.c isn't GPL, it's actually $foolicense" and change the old copies of the file that were distributed for a decade or whatever. I don't see why broadcom / Red Hat can.

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.

(I was referring to their old CEO being charges with umpteen criminal acts related to stocks and putting extasy (drugs) in customers/suppliers drinks....)

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.

Broadcom was explicitly allowing distribution of the firmware under the GPL too--but for someone to actually comply with that, they would have to provide the source code.

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.

Well, Red Hat added it to the Linux kernel before the "Derived from Proprietary Sources" line was added. How do you know Red Hat doesn't have or never had the source to it? I don't think they have it, but I've never seen them say they didn't.


P.S. No reason to CC me as I'm on the list.

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