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SubjectRe: 2.3.48pre1: fore200e_firmware_copyright
   Date:   Wed, 23 Feb 2000 21:17:35 +0000 (GMT)
From: Tim Waugh <tim@cyberelk.demon.co.uk>

Um.. am I missing something? It seems like this file is completely
contradictory. It starts off with 'GNU GPL' and goes on with 'trade
secret [...] may not be reproduced [...] prior written consent [...] All
rights reserved'.

*Huh*?

Please quote the words of the copyright in it's proper context, which
I will do to clear up this issue:

These microcode data are placed under the terms of the GNU
General Public License.

The firmware microcode files are distributed under the GPL.

We would prefer you not to distribute modified versions of it
and not to ask for assembly or other microcode source.

They are asking nicely that people not ask for the original assembly
source for the microcode. If you look at the Qlogic and other pieces
of firmware in the Linux kernel sources, those entities essentially
feel the same way.

Copyright (c) 1995-2000 FORE Systems, Inc., as an unpublished
work. This notice does not imply unrestricted or public
access to these materials which are a trade secret of FORE
Systems, Inc. or its subsidiaries or affiliates (together
referred to as "FORE"), and which may not be reproduced, used,
sold or transferred to any third party without FORE's prior
written consent. All rights reserved.

FORE Systems owns the copyright.

This GPL'ing of the microcode does not imply that pieces of
intellectual property of FORE Systems (such as the assembler source
code from which the microcode was created) is available under similar
terms.

Is it clear now? They want to GPL the source file containing the
bytes of compiled microcode, but they don't want this to create a
loophole which opens up the original assembler source code to this
microcode. Which I think is more than fair. It allows us to have a
fully GPL'd driver, and for them to protect some portion of their
intellectual property.

Note, originally FORE wanted the microcode to only be available
externally from their web site and not under GPL. I pushed to get
the entire driver sources GPL'd and in the tree. After listening
to our arguments for this, they complied. And I think this is
a great thing, and I also think there is nothing wrong with their
license file.

Later,
David S. Miller
davem@redhat.com

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