lkml.org 
[lkml]   [2004]   [Mar]   [25]   [last100]   RSS Feed
Views: [wrap][no wrap]   [headers]  [forward] 
 
Messages in this thread
    /
    SubjectRe: Binary-only firmware covered by the GPL?
    From
    Date
    On Thu, 2004-03-25 at 17:31 -0500, Jeff Garzik wrote:
    > Firmware is a program that executes on another processor, so no linking
    > is taking place at all. It is analagous to shipping a binary-only
    > program in your initrd, IMO.

    You seem to be thinking of this:

    These requirements apply to the modified work as a whole. If
    identifiable sections of that work are not derived from the Program,
    and can be reasonably considered independent and separate works in
    themselves, then this License, and its terms, do not apply to those
    sections...

    But you seem to ignore the fact that the sentence ends thus:

    ...WHEN YOU DISTRIBUTE THEM AS SEPARATE WORKS.

    And indeed that the subsequent sentence reads as follows:

    But when you
    distribute the same sections as part of a whole which is a work based
    on the Program, the distribution of the whole must be on the terms of
    this License, whose permissions for other licensees extend to the
    entire whole, and thus to each and every part regardless of who wrote
    it.

    You also seem to be ignoring the next paragraph where it mentions
    COLLECTIVE works:

    Thus, it is not the intent of this section to claim rights or contest
    your rights to work written entirely by you; rather, the intent is to
    exercise the right to control the distribution of derivative OR
    COLLECTIVE WORKS based on the Program.

    ------

    The firmware blob in question can be reasonably considered to be an
    independent and separate work in itself. The GPL doesn't apply to it
    when it is distributed as a SEPARATE work. But when you distribute it as
    part of a whole which is a work based on other parts of the kernel, by
    including it in the kernel source in such a manner, the distribution of
    the whole must be on the terms of the GPL, whose permissions for other
    licensees extend to the entire whole, and thus to each and every part.

    It's not the intent of the GPL to claim rights to firmware written
    independently for such hardware; rather, the intent is to exercise the
    right to control the distribution of _COLLECTIVE_ works based on the
    indisputably GPL'd parts of the kernel.

    --
    dwmw2


    -
    To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
    the body of a message to majordomo@vger.kernel.org
    More majordomo info at http://vger.kernel.org/majordomo-info.html
    Please read the FAQ at http://www.tux.org/lkml/

    \
     
     \ /
      Last update: 2005-03-22 14:01    [W:0.021 / U:61.280 seconds]
    ©2003-2016 Jasper Spaans. hosted at Digital OceanAdvertise on this site