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Subject"legal" advice required
If the bits are in the .sys file, you could write a utility to let people
extract the bits from teir own copy of the .sys file that they got with the
CD-ROM. This clearly has no copyright infringement problems, in just
the same way that HP-48 emulators are legally safe.

It *does* mean that the driver can't be used at boot time, unless you
have a very ugly compile-it-into-the-kernel hack. Probably a user
"download firmware" utility is required, after which the drive becomes
operational. Ick.

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