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    SubjectRe: more files with licenses that aren't GPL-compatible
    On Thu, Jun 17, 2004 at 11:44:29AM -0400, Michael Poole wrote:
    > 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?

    Why would it be, and what kind of stopping ("estoppel")
    are you referring to?

    I do not believe that when one contributes to Linux that
    one is promising not to pursue other copyright problems anywhere
    elsewhere in the code. If you can point to a court decision or law
    that says something analogous, I would be interesting in hearing
    about it.

    I believe the pre-exising condition, if it was pre-existing,
    of the firmware being present in a few infringing drivers among many
    non-infringing drivers would not mean that permission was granted
    to produce a derivative work comingling the few illegal drivers
    (or even prove prior knowledge of the few illegal drivers).

    I know I have been complaining about the infringing drivers
    and asking that people stop infringing approximately since I became
    aware of the infringement.

    Again, I'm not a lawyer, so please do not use my layman's
    opinions as legal advice.

    --
    __ ______________
    Adam J. Richter \ /
    adam@yggdrasil.com | g g d r a s i l
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