Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-06 Thread Bjørn Mork
David Woodhouse dw...@infradead.org writes:

 If you do nothing with the firmware, but it merely exists in your clone of 
 the git tree (by virtue of TI's having deliberately put it there), what 
 exactly are you restricted from doing?

Downloading the firmware.  

That's only allowed if you are authorized and willing to accept the
license terms.  Which you do not know about until after you've violated
them.

So what do I do if I download this firmware and find that I don't really
want to accept the license?  If I don't accept it, then I have already
broken the license by downloading it without an intention to accept it.
Catch 22.

 Why is this different to GPL'd firmware on which you violate the licence, 
 and lose your rights?

Because you cannot do that without having the opportunity to read the
license terms first.  Merely downloading GPL'd software will never
violate the license, no matter what your intentions are. 



Bjørn




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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-05 Thread David Woodhouse
On Sun, 5 Jun 2011, Ben Hutchings wrote:

 This firmware has a very problematic licence.  It actually forbids
 anyone to download the firmware without agreeing to the licence.  We
 have no way to ask users whether they agree to this before even
 downloading the package. 

Do not download this unless you intend to comply with its licence is 
fairly much implicit in *anything* we distribute, isn't it? You only have 
permission to copy GPL software *if* you comply with its licence.

 David, I'm rather surprised you accepted firmware into linux-firmware
 with these terms, as it seems to mean that anyone cloning the repository
 is expected to accept them.

I *do* expect anyone cloning the repository to comply with the indivual 
licences for the components therein.

-- 
dwmw2




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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-05 Thread Ben Hutchings
On Sun, 2011-06-05 at 10:29 +0100, David Woodhouse wrote:
 On Sun, 5 Jun 2011, Ben Hutchings wrote:
 
  This firmware has a very problematic licence.  It actually forbids
  anyone to download the firmware without agreeing to the licence.  We
  have no way to ask users whether they agree to this before even
  downloading the package. 
 
 Do not download this unless you intend to comply with its licence is 
 fairly much implicit in *anything* we distribute, isn't it? You only have 
 permission to copy GPL software *if* you comply with its licence.

In reality every transfer over a network involves many transient copies
being made.  However, I think that legally only the sender tends to be
held responsible for distributing or copying.

If the licence forbids downloading the firmware in certain circumstances
and if we assume that that is a valid term, then it seems to be the
responsibility of the sender to ensure that the recipient is aware of
and agrees to it before they download the firmware itself.  You don't do
that.  And we don't have a mechanism for it.

  David, I'm rather surprised you accepted firmware into linux-firmware
  with these terms, as it seems to mean that anyone cloning the repository
  is expected to accept them.
 
 I *do* expect anyone cloning the repository to comply with the indivual 
 licences for the components therein.

But you also allow anyone to clone it before seeing the licence terms
that may disallow that.

So far as I know, none of the other licence texts claim to restrict
recipients that don't use or redistribute the firmware.

Ben.

-- 
Ben Hutchings
Once a job is fouled up, anything done to improve it makes it worse.


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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-05 Thread David Woodhouse
On Sun, 5 Jun 2011, Ben Hutchings wrote:

 In reality every transfer over a network involves many transient copies
 being made.  However, I think that legally only the sender tends to be
 held responsible for distributing or copying.

It was sent to me by TI with the express intention of including it in the 
git tree in that form.

  I *do* expect anyone cloning the repository to comply with the indivual 
  licences for the components therein.
 
 But you also allow anyone to clone it before seeing the licence terms
 that may disallow that.
 
 So far as I know, none of the other licence texts claim to restrict
 recipients that don't use or redistribute the firmware.

If you do nothing with the firmware, but it merely exists in your clone of 
the git tree (by virtue of TI's having deliberately put it there), what 
exactly are you restricted from doing?

Why is this different to GPL'd firmware on which you violate the licence, 
and lose your rights?

-- 
dwmw2




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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-05 Thread Ben Hutchings
On Sun, 2011-06-05 at 17:56 +0100, David Woodhouse wrote:
 On Sun, 5 Jun 2011, Ben Hutchings wrote:
 
  In reality every transfer over a network involves many transient copies
  being made.  However, I think that legally only the sender tends to be
  held responsible for distributing or copying.
 
 It was sent to me by TI with the express intention of including it in the 
 git tree in that form.

I understand that, but it doesn't match what the text says.

   I *do* expect anyone cloning the repository to comply with the indivual 
   licences for the components therein.
  
  But you also allow anyone to clone it before seeing the licence terms
  that may disallow that.
  
  So far as I know, none of the other licence texts claim to restrict
  recipients that don't use or redistribute the firmware.
 
 If you do nothing with the firmware, but it merely exists in your clone of 
 the git tree (by virtue of TI's having deliberately put it there), what 
 exactly are you restricted from doing?

Possibly nothing - clause 1 seems to make you responsible for the
behaviour of downstream users (it says 'used' and not 'for use', so your
intent is irrelevant).  And this applies just as much to any other
distributor.

 Why is this different to GPL'd firmware on which you violate the licence, 
 and lose your rights?

The GPL is merely a licence.  Recipients aren't expected to agree to it
unless they copy or modify (which would be a copyright violation, in the
absence of the licence).  And your licence does not terminate if
downstream users exceed its terms.

Ben.

-- 
Ben Hutchings
Once a job is fouled up, anything done to improve it makes it worse.


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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-06-04 Thread Ben Hutchings
On Tue, 2011-05-31 at 11:20 +0200, Sebastian Reichel wrote:
 Package: firmware-nonfree
 Version: 0.30
 Severity: wishlist
 
 Hi,
 
 Please consider adding a package for ti-connectivity (which can be found
 in the linux-firmware.git).
 
 The firmware is needed for TI's WLAN module, which is mainly used on
 mobile platforms (e.g. pandaboard, nokia n900).

This firmware has a very problematic licence.  It actually forbids
anyone to download the firmware without agreeing to the licence.  We
have no way to ask users whether they agree to this before even
downloading the package.  (We *do* have provision for presenting
licences before installation, as required for the Intel Pro Wireless
firmware.)

David, I'm rather surprised you accepted firmware into linux-firmware
with these terms, as it seems to mean that anyone cloning the repository
is expected to accept them.

Ben.

-- 
Ben Hutchings
Once a job is fouled up, anything done to improve it makes it worse.


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Bug#628676: firmware-nonfree: add ti-connectivity firmware

2011-05-31 Thread Sebastian Reichel
Package: firmware-nonfree
Version: 0.30
Severity: wishlist

Hi,

Please consider adding a package for ti-connectivity (which can be found
in the linux-firmware.git).

The firmware is needed for TI's WLAN module, which is mainly used on
mobile platforms (e.g. pandaboard, nokia n900).

-- Sebastian



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