Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-20 Thread MJ Ray
Stephen Gran [EMAIL PROTECTED] wrote: [...] If it is a license from the copyright holders, than the only ones who can sue Debian for distribution of sourceless GPL'ed works are, er, the people who originally gave out those works in that form. I understand there is some contention around

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-20 Thread Arnoud Engelfriet
MJ Ray wrote: While fairly simple, it is totally incorrect, as public distribution in breach of copyright carries criminal liability in England, as I previously posted. See the Copyright Designs and Patents Act as amended, under the criminal liability heading.

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-20 Thread Sven Luther
On Fri, Oct 20, 2006 at 02:10:37PM +0200, Arnoud Engelfriet wrote: MJ Ray wrote: While fairly simple, it is totally incorrect, as public distribution in breach of copyright carries criminal liability in England, as I previously posted. See the Copyright Designs and Patents Act as amended,

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-20 Thread Don Armstrong
[Cross posting cut out, because this isn't particularly germane to the other lists.] On Fri, 20 Oct 2006, Sven Luther wrote: IANAL and everything, but all times we discussed the issue the opinion that prevaled, was that the firmware do not constitute a derivative work of the kernel, This is

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-19 Thread Jeff Carr
On 10/17/06 15:06, Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. I agree. Out of curiosity, I asked

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Thomas Bushnell BSG
Anthony Towns aj@azure.humbug.org.au writes: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. So, do you have anything to

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 11:42:14PM -0700, Thomas Bushnell BSG wrote: Anthony Towns aj@azure.humbug.org.au writes: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 07:07:00PM -0700, Don Armstrong wrote: On Tue, 17 Oct 2006, Roberto C. Sanchez wrote: So what? Distributing GPL works *with* sources is also not clear of legal liability. Those liabilities occur in either case, so they're not particularly interesting to discuss.

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Don Armstrong
On Wed, 18 Oct 2006, Roberto C. Sanchez wrote: On Tue, Oct 17, 2006 at 07:07:00PM -0700, Don Armstrong wrote: On Tue, 17 Oct 2006, Roberto C. Sanchez wrote: So what? Distributing GPL works *with* sources is also not clear of legal liability. Those liabilities occur in either case, so

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Wed, Oct 18, 2006 at 02:16:04AM -0700, Don Armstrong wrote: Regardless, that distribution in compliance with relevant licenses doesn't necessarily absolve you of all liabilities is well known, and not an issue I'm terribly intersted in discussing in the abstract. [And if for some reason

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Stephen Gran
This one time, at band camp, Don Armstrong said: On Wed, 18 Oct 2006, Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Francesco Poli
On Wed, 18 Oct 2006 13:06:19 +0100 Stephen Gran wrote: This one time, at band camp, Don Armstrong said: [...] baring competent legal advice to the contrary,[1] distributing sourceless GPLed works is not clear of legal liability. Doing otherwise may put ourselves and our mirror operators in

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Michael Poole
Francesco Poli writes: What makes you think that every and each copyright holder acted in good faith when started to distribute firmware under the terms of the GNU GPL v2, while keeping the source code secret? Some copyright holder could be deliberately preparing a trap, in order to be able

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Nathanael Nerode
The answer to the question in the subject is simple: NO. This is a matter of copyright law. If we do not have permission to distribute, it is illegal to distribute. GPL grants permission to distribute *only* if we distribute source. So, GPLed sourceless == NO PERMISSON. I will list the

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Sven Luther
On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. This is a matter of copyright law. If we do not have permission to distribute, it is illegal to distribute. GPL grants permission to distribute *only* if we

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Anthony Towns
On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. Cheers, aj signature.asc Description: Digital signature

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Don Armstrong
On Wed, 18 Oct 2006, Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. That should be abundantly

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 03:35:26PM -0700, Don Armstrong wrote: On Wed, 18 Oct 2006, Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Nathanael Nerode
Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. Yes, I'm not a lawyer. Do not rely on anything I say

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Don Armstrong
On Tue, 17 Oct 2006, Roberto C. Sanchez wrote: So what? Distributing GPL works *with* sources is also not clear of legal liability. Those liabilities occur in either case, so they're not particularly interesting to discuss. Doing something that is against the letter and spirit of a software

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Sven Luther
On Wed, Oct 18, 2006 at 08:06:19AM +1000, Anthony Towns wrote: On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote: The answer to the question in the subject is simple: NO. Thankyou for your opinion. I note you seemed to neglect to mention that you're not a lawyer. Anthony,

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-06 Thread Markus Laire
On 10/6/06, MJ Ray [EMAIL PROTECTED] wrote: I'd defer to Larry Doolittle on this one, but I think unless we have some reason to think there is another form used as source code, it's fine to consider the only codes our source code - for all we know, it was written that way. Best of all would be

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-06 Thread Sven Luther
On Fri, Oct 06, 2006 at 11:18:09AM +0300, Markus Laire wrote: On 10/6/06, MJ Ray [EMAIL PROTECTED] wrote: I'd defer to Larry Doolittle on this one, but I think unless we have some reason to think there is another form used as source code, it's fine to consider the only codes our source code -

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-06 Thread Bill Allombert
On Thu, Oct 05, 2006 at 07:09:53AM -0700, Steve Langasek wrote: It is not reasonable for the project to vote on questions of legality, nor is it appropriate to rely on debian-legal for questions of legality. If the May I remind that debian-legal is a mailing list ? relevant

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-06 Thread Marco d'Itri
In linux.debian.legal Sven Luther [EMAIL PROTECTED] wrote: Since i am seen as not trusthy to analyze such problems, i think to deblock this situation, it would be best to have a statement from debian-legal to back those claims (or to claim i am wrong in the above). In the context of the kernel I

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-05 Thread Steve Langasek
On Wed, Oct 04, 2006 at 10:28:20AM +0200, Sven Luther wrote: There is some claims that some of those blobs represent just register dumps, This is a strawman, and Sven knows this as I have told him quite plainly that this is not my claim. So, the RMs are making claims that those sourceless

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-05 Thread Sven Luther
On Thu, Oct 05, 2006 at 07:09:53AM -0700, Steve Langasek wrote: On Wed, Oct 04, 2006 at 10:28:20AM +0200, Sven Luther wrote: There is some claims that some of those blobs represent just register dumps, This is a strawman, and Sven knows this as I have told him quite plainly that this is

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-05 Thread Frank Küster
Steve Langasek [EMAIL PROTECTED] wrote: The *relevant* claim I have made is that it is inappropriate to use our GR mechanism to attempt to *decide* whether GPLed drivers cause a distribution problem. The release team, the ftp team, and I suspect even most of the kernel team have no interest

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-05 Thread MJ Ray
Sven Luther [EMAIL PROTECTED] wrote: Hi debian-legal, ... I've trimmed -release, as luk suggested it's unwelcome there. [...] The real problem is that there are a certain amount of firmware in the kernel, embedded in the drivers, which have no license notice whatsoever, and as thus fall

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Sven Luther
On Wed, Oct 04, 2006 at 11:58:51AM +0300, Kalle Kivimaa wrote: [Restricting to -legal, feel free to widen the audience if neccessary] Sven Luther [EMAIL PROTECTED] writes: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem,

Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Sven Luther
Hi debian-legal, ... It seems the firmware kernel issue has reached a deadpoint, as there is some widely different interpretation of the meaning of the GPL over sourceless code. For some background, the kernel/firmware wiki page includes both a proposed GR, the draft position statement by the

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Kalle Kivimaa
[Restricting to -legal, feel free to widen the audience if neccessary] Sven Luther [EMAIL PROTECTED] writes: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem, while i strongly believe that the GPL clause saying that all the

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Kalle Kivimaa
Sven Luther [EMAIL PROTECTED] writes: The main point is that the actual reason for this mess is that those vendors provided these firmware blobs without thinking of the implication, and the upstream kernel folk took them in because it was more convenient to consider them as data (to the

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Francesco Poli
On Wed, 4 Oct 2006 10:28:20 +0200 Sven Luther wrote: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem, while i strongly believe that the GPL clause saying that all the distribution rights under the GPL are lost if you cannot abide

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Walter Landry
Sven Luther [EMAIL PROTECTED] wrote: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem, while i strongly believe that the GPL clause saying that all the distribution rights under the GPL are lost if you cannot abide by all points,

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Sven Luther
On Wed, Oct 04, 2006 at 09:31:27PM +0200, Frank Küster wrote: Walter Landry [EMAIL PROTECTED] wrote: Sven Luther [EMAIL PROTECTED] wrote: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem, while i strongly believe that the GPL

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Sven Luther
On Wed, Oct 04, 2006 at 09:31:27PM +0200, Frank Küster wrote: So the real question is whether we want to do that, whether in the particular cases there's in fact any doubt, etc. A quick survey based on the size of the firmware blobs suggests 1/3 of them may be register dumps, while 2/3 are most

Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-04 Thread Frank Küster
Walter Landry [EMAIL PROTECTED] wrote: Sven Luther [EMAIL PROTECTED] wrote: So, the RMs are making claims that those sourceless GPLed drivers don't cause any kind of distribution problem, while i strongly believe that the GPL clause saying that all the distribution rights under the GPL are