Messages in this thread | | | Subject | Re: more files with licenses that aren't GPL-compatible | From | Michael Poole <> | Date | Thu, 17 Jun 2004 11:44:29 -0400 |
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Adam J. Richter writes:
> I believe that distribution of Linux kernel binaries that > compile in this firmware is direct copyright infringment, and > that distribution of Linux kernel modules that compile in > this firmware is contributory copyright infringement (to the direct > infringmenet that occurs when the image is created in RAM, and > there are US court cases that say that copying into RAM is copying > for the purposes of copyright). > > The United States Copyright Office has issued a copyright > registration to Yggdrasil Computing for some software in the Linux > USB serial drivers. Yggdrasil Computing has never given permission > for distribution of GPL-incompatible firmware with that software.
The first "official" version of Linux that included USB serial code that mentioned you (Adam Richter and/or Yggdrasil) was 2.4. That same version included the same binary firmware you complained about in 2001, and the changelog in usbserial.c makes it clear that *at least* the WhiteHEAT firmware was already present when you contributed your code.
Would you explain why your claim of copyright infringement is not estopped by the pre-existing condition of firmware being present?
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