[linux-elitists] Fwd: Copyright infringement in linux/drivers/usb/serial/keyspan*fw.h

Greg KH greg@wirex.com
Mon Apr 23 08:47:10 PDT 2001

On Sun, Apr 22, 2001 at 08:33:50PM -0700, Aaron Lehmann wrote:
> On Sun, Apr 22, 2001 at 08:17:45PM -0700, Greg KH wrote:
> > On Sun, Apr 22, 2001 at 03:34:58PM -0700, Aaron Lehmann wrote:
> > > This concerns me.
> > 
> > Bah, it's interesting to see that Adam has appealed to others when he
> > has lost with the original developers.
> The copyright problems don't concern me much; but I am worried about
> the binary code in those header files. Adam claims it's not
> GPL-compatable. And it sure doesn't look like free software:
>  "The firmware contained herein as keyspan_usa18x_fw.h is Copyright (C)
> 1999-2000 Keyspan, A division of InnoSys Incorporated ("Keyspan"), as
> an unpublished work. This notice does not imply unrestricted or public
> access to this firmware which is a trade secret of Keyspan, and which
> may not be reproduced, used, sold or transferred to any third party
> without Keyspan's prior written consent. All Rights Reserved."

The firmware is not free software, but since it is firmware, it doesn't
_run_ on your machine.  There is also no restrictions on public access
to it.  So I don't see why there is a problem.

Anyway, I've told Adam that the only way I'm going to pull it from the
kernel before 2.5 happens is:
	- Keyspan tells me to
	- Linus tells me to (or just does it.)
	- a lawyer tells me to.

After 2.5 opens up, I'll pull it, along with the other GPLed firmware in
the driver tree, as it makes engineering sense to do it (smaller kernel
image, etc.)  Right now, it's too big of a architectureral change.

greg k-h

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