Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-07 Thread Constantine A. Murenin

On 06/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 5, 2006, at 7:31 PM, Constantine A. Murenin wrote:
 On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:
 On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
  Why are none of the manual pages of FreeBSD say anything about why
  Intel Wireless devices do not work by default?
 
  http://www.freebsd.org/cgi/man.cgi?query=ipw
  http://www.freebsd.org/cgi/man.cgi?query=iwi

 The manpages you've linked to explicitly state:

 This driver requires firmware to be loaded before it will
 work.  You need to obtain ipwcontrol(8) from the IPW web page
 listed below to accomplish loading the firmware before ifconfig(8)
 will work.

 Is there some part of this which is unclear to you, Constantine?

 Yes, Chuck, some part is indeed unclear to me, precisely the part that
 explains why does one have to go into that much trouble to have a
 working system.

That was explained below.  You might not like the reasons, or agree
with them, but your claim that the FreeBSD manpages do not say
anything about the need for firmware is obviously mistaken.


How is the claim obviously mistaken if the man-page DO NOT say what's
the reason that the firmware must be downloaded from a web-site?


 There's no need to be curious about the matter; the Intel Pro
 Wireless adaptors, like many other brands of wireless adaptors, use a
 software-controlled radio which is capable of broadcasting at higher
 power levels and/or at frequencies outside of those allocated for
 802.11 connectivity for specific regulatory domains.  The US FCC,
 along with other regulatory agencies in Europe such as ETSI and
 elsewhere, require that end-users not have completely open access to
 these radios to prevent problems from deliberate misuse such as
 interference with other frequency bands.

 Yes, regulatory bodies, of cause, table specific requirements that
 must be satisfied by systems that utilise RF, i.e. the manufacturer
 must make reasonable attempt to prevent users from using non-permitted
 frequencies.

 Not permitting the firmware to be redistributed has nothing to do with
 the FCC, however.

That's right.  Intel permits you to redistribute their firmware under
the terms of their license.

 This isn't a matter of choice on Intel's part; if you want this
 situation to change, you're going to have to obtain changes in the
 radio-frequency laws and policies in the US and a number of other
 countries first.

 No, firmware redistribution is ENTIRELY up to Intel. I want the
 firmware to be available under a BSD or ISC licence, just as with
 Ralink. Intel's firmware is already available, but under a different
 licence. Where does the FCC say that Intel must distribute firmware
 under a non-OSS-friendly licence?

The BSD license and all other OSS-friendly licenses permit the user
to modify the software and redistribute that modified version as a
derivative work.  A modified version of the firmware has not received
FCC certification-- see Title 47 of the Code of Federal Regulations,
Chapter I, section 15 in general, and specificly:

http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr15_05.html

Sec. 15.21  Information to user.

 The users manual or instruction manual for an intentional or
unintentional radiator shall caution the user that changes or
modifications not expressly approved by the party responsible for
compliance could void the user's authority to operate the equipment.


Right, this means a notice on the device or supporting documentation.
It does not require a legal term in the firmware's licence.


Sec. 15.202  Certified operating frequency range.

 Client devices that operate in a master/client network may be
certified if they have the capability of operating outside permissible
part 15 frequency bands, provided they operate on only permissible part
15 frequencies under the control of the master device with which they
communicate. Master devices marketed within the United States must be
limited to operation on permissible part 15 frequencies. Client devices
that can also act as master devices must meet the requirements of a
master device.

Also see:

http://www.fcc.gov/cgb/consumerfacts/unauthorizedradio.html

Section 301 of the Communications Act of 1934 prohibits the use or
operation of any apparatus for the transmission of energy or
communications or signals by radio without a license issued by the
Federal Communications Commission (FCC). Thus, generally, in order to
use or operate a radio station, the Communications Act requires that
you first obtain a license by the FCC.
However, there are certain limited exceptions. For example, the FCC
has provided blanket authorization to operators of Citizens Band (CB)
radios, radio control stations, domestic ship and aircraft radios and
certain other types of devices. This blanket authorization means that
operators of these radio facilities are not required to have
individual station licenses. Operators are required to operate their

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-06 Thread Chuck Swiger

On Oct 5, 2006, at 7:31 PM, Constantine A. Murenin wrote:

On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
 Why are none of the manual pages of FreeBSD say anything about why
 Intel Wireless devices do not work by default?

 http://www.freebsd.org/cgi/man.cgi?query=ipw
 http://www.freebsd.org/cgi/man.cgi?query=iwi

The manpages you've linked to explicitly state:

This driver requires firmware to be loaded before it will
work.  You need to obtain ipwcontrol(8) from the IPW web page
listed below to accomplish loading the firmware before ifconfig(8)  
will work.


Is there some part of this which is unclear to you, Constantine?


Yes, Chuck, some part is indeed unclear to me, precisely the part that
explains why does one have to go into that much trouble to have a
working system.


That was explained below.  You might not like the reasons, or agree  
with them, but your claim that the FreeBSD manpages do not say  
anything about the need for firmware is obviously mistaken.



There's no need to be curious about the matter; the Intel Pro
Wireless adaptors, like many other brands of wireless adaptors, use a
software-controlled radio which is capable of broadcasting at higher
power levels and/or at frequencies outside of those allocated for
802.11 connectivity for specific regulatory domains.  The US FCC,
along with other regulatory agencies in Europe such as ETSI and
elsewhere, require that end-users not have completely open access to
these radios to prevent problems from deliberate misuse such as
interference with other frequency bands.


Yes, regulatory bodies, of cause, table specific requirements that
must be satisfied by systems that utilise RF, i.e. the manufacturer
must make reasonable attempt to prevent users from using non-permitted
frequencies.

Not permitting the firmware to be redistributed has nothing to do with
the FCC, however.


That's right.  Intel permits you to redistribute their firmware under  
the terms of their license.



This isn't a matter of choice on Intel's part; if you want this
situation to change, you're going to have to obtain changes in the
radio-frequency laws and policies in the US and a number of other
countries first.


No, firmware redistribution is ENTIRELY up to Intel. I want the
firmware to be available under a BSD or ISC licence, just as with
Ralink. Intel's firmware is already available, but under a different
licence. Where does the FCC say that Intel must distribute firmware
under a non-OSS-friendly licence?


The BSD license and all other OSS-friendly licenses permit the user  
to modify the software and redistribute that modified version as a  
derivative work.  A modified version of the firmware has not received  
FCC certification-- see Title 47 of the Code of Federal Regulations,  
Chapter I, section 15 in general, and specificly:


http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr15_05.html

Sec. 15.21  Information to user.

The users manual or instruction manual for an intentional or
unintentional radiator shall caution the user that changes or
modifications not expressly approved by the party responsible for
compliance could void the user's authority to operate the equipment.

Sec. 15.202  Certified operating frequency range.

Client devices that operate in a master/client network may be
certified if they have the capability of operating outside permissible
part 15 frequency bands, provided they operate on only permissible part
15 frequencies under the control of the master device with which they
communicate. Master devices marketed within the United States must be
limited to operation on permissible part 15 frequencies. Client devices
that can also act as master devices must meet the requirements of a
master device.

Also see:

http://www.fcc.gov/cgb/consumerfacts/unauthorizedradio.html

Section 301 of the Communications Act of 1934 prohibits the “use or  
operation of any apparatus for the transmission of energy or  
communications or signals by radio” without a license issued by the  
Federal Communications Commission (FCC). Thus, generally, in order to  
use or operate a radio station, the Communications Act requires that  
you first obtain a license by the FCC.
However, there are certain limited exceptions. For example, the FCC  
has provided blanket authorization to operators of Citizens Band (CB)  
radios, radio control stations, domestic ship and aircraft radios and  
certain other types of devices. This blanket authorization means that  
operators of these radio facilities are not required to have  
individual station licenses. Operators are required to operate their  
stations in a manner consistent with the FCC’s operational and  
technical rules for those services. Failure to do so could be  
considered an unauthorized operation.



Again, is there some part of this that is unclear or which you fail
to understand?


Yes, precicely, I don't understand why you think FCC 

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-05 Thread Chuck Swiger

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:

My acquaintance with Unix started with FreeBSD, which I used for quite
a while before discovering OpenBSD. I now mostly use OpenBSD, and I
was wondering of how many FreeBSD users are aware about the licensing
restrictions of Intel Pro Wireless family of wireless adapters?


I would imagine that all FreeBSD users who are using the Intel Pro  
Wireless adaptors are familiar with the license, given that they have  
to agree to the license in order to get the adaptor working.  Even  
someone like me who doesn't have one is aware of the license.



Why are none of the manual pages of FreeBSD say anything about why
Intel Wireless devices do not work by default?

http://www.freebsd.org/cgi/man.cgi?query=ipw
http://www.freebsd.org/cgi/man.cgi?query=iwi


The manpages you've linked to explicitly state:

 This driver requires firmware to be loaded before it will  
work.  You need
 to obtain ipwcontrol(8) from the IPW web page listed below to  
accomplish

 loading the firmware before ifconfig(8) will work.

Is there some part of this which is unclear to you, Constantine?


If you are curious as to why things are the way they are, I suggest
that you check the problems that are described in the misc@openbsd.org
mailing list, and contact Intel people and say what you think about
their user-unfriendly policy in regards to Intel Pro Wireless
firmwares, which are REQUIRED to be loaded from the OS before the
device functions, i.e. the OS developers must be allowed to freely
distribute the firmware in order for the devices to work
out-of-the-box.


There's no need to be curious about the matter; the Intel Pro  
Wireless adaptors, like many other brands of wireless adaptors, use a  
software-controlled radio which is capable of broadcasting at higher  
power levels and/or at frequencies outside of those allocated for  
802.11 connectivity for specific regulatory domains.  The US FCC,  
along with other regulatory agencies in Europe such as ETSI and  
elsewhere, require that end-users not have completely open access to  
these radios to prevent problems from deliberate misuse such as  
interference with other frequency bands.


This isn't a matter of choice on Intel's part; if you want this  
situation to change, you're going to have to obtain changes in the  
radio-frequency laws and policies in the US and a number of other  
countries first.


Again, is there some part of this that is unclear or which you fail  
to understand?



For some recent information about Intel being an Open Source Fraud,
see http://marc.theaimsgroup.com/?l=openbsd- 
miscm=115960734026283w=2.


The firmware license for these devices has never been submitted to  
the OSI board for approval as an Open Source license, and I have  
never seen Intel claim that this license is an Open Source license.


It might suit OpenBSD's advocacy purposes to deliberately  
misrepresent Intel's position, but doing so is unfair and is not  
especially helpful to the FreeBSD community, which does have somewhat  
decent relations with vendors like Intel, Lucent, Aironet, Broadcomm,  
and so forth.


As to the point raised above, the firmware license actually does  
permit an individual user, including an OS developer, to copy and  
redistribute the software to others, so long as the recepient agrees  
to the license terms:


LICENSE. You may copy and use the Software, subject to these  
conditions:
1. This Software is licensed for use only in conjunction with Intel  
component
   products. Use of the Software in conjunction with non-Intel  
component

   products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any  
part of the
   Software except as provided in this Agreement, and you agree to  
prevent

   unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense the Software.
5. The Software may contain the software or other property of third  
party

   suppliers.

[ ... ]
You may transfer the Software only if a copy of this license  
accompanies the

Software and the recipient agrees to be fully bound by these terms.

If a project such as OpenBSD wishes to redistribute the software,  
then it would probably be considered an Independent Software Vendor,  
and again the firmware license grants permission to redistribute the  
Intel Pro Wireless software, under the following terms:


For OEMs, IHVs, and ISVs:

LICENSE. This Software is licensed for use only in conjunction with  
Intel
component products. Use of the Software in conjunction with non-Intel  
component
products is not licensed hereunder. Subject to the terms of this  
Agreement,
Intel grants to you a nonexclusive, nontransferable, worldwide, fully  
paid-up
license under Intel's copyrights to: (i) copy the Software internally  
for your
own development and maintenance purposes; (ii) copy and distribute  
the 

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-05 Thread Constantine A. Murenin

On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
 Why are none of the manual pages of FreeBSD say anything about why
 Intel Wireless devices do not work by default?

 http://www.freebsd.org/cgi/man.cgi?query=ipw
 http://www.freebsd.org/cgi/man.cgi?query=iwi

The manpages you've linked to explicitly state:

  This driver requires firmware to be loaded before it will
work.  You need
  to obtain ipwcontrol(8) from the IPW web page listed below to
accomplish
  loading the firmware before ifconfig(8) will work.

Is there some part of this which is unclear to you, Constantine?


Yes, Chuck, some part is indeed unclear to me, precisely the part that
explains why does one have to go into that much trouble to have a
working system.


 If you are curious as to why things are the way they are, I suggest
 that you check the problems that are described in the misc@openbsd.org
 mailing list, and contact Intel people and say what you think about
 their user-unfriendly policy in regards to Intel Pro Wireless
 firmwares, which are REQUIRED to be loaded from the OS before the
 device functions, i.e. the OS developers must be allowed to freely
 distribute the firmware in order for the devices to work
 out-of-the-box.

There's no need to be curious about the matter; the Intel Pro
Wireless adaptors, like many other brands of wireless adaptors, use a
software-controlled radio which is capable of broadcasting at higher
power levels and/or at frequencies outside of those allocated for
802.11 connectivity for specific regulatory domains.  The US FCC,
along with other regulatory agencies in Europe such as ETSI and
elsewhere, require that end-users not have completely open access to
these radios to prevent problems from deliberate misuse such as
interference with other frequency bands.


Yes, regulatory bodies, of cause, table specific requirements that
must be satisfied by systems that utilise RF, i.e. the manufacturer
must make reasonable attempt to prevent users from using non-permitted
frequencies.

Not permitting the firmware to be redistributed has nothing to do with
the FCC, however.


This isn't a matter of choice on Intel's part; if you want this
situation to change, you're going to have to obtain changes in the
radio-frequency laws and policies in the US and a number of other
countries first.


No, firmware redistribution is ENTIRELY up to Intel. I want the
firmware to be available under a BSD or ISC licence, just as with
Ralink. Intel's firmware is already available, but under a different
licence. Where does the FCC say that Intel must distribute firmware
under a non-OSS-friendly licence?


Again, is there some part of this that is unclear or which you fail
to understand?


Yes, precicely, I don't understand why you think FCC requires Intel to
not release the firmware under a BSD-like licence.


 For some recent information about Intel being an Open Source Fraud,
 see http://marc.theaimsgroup.com/?l=openbsd-
 miscm=115960734026283w=2.

The firmware license for these devices has never been submitted to
the OSI board for approval as an Open Source license, and I have
never seen Intel claim that this license is an Open Source license.

It might suit OpenBSD's advocacy purposes to deliberately
misrepresent Intel's position, but doing so is unfair and is not
especially helpful to the FreeBSD community, which does have somewhat
decent relations with vendors like Intel, Lucent, Aironet, Broadcomm,
and so forth.

As to the point raised above, the firmware license actually does
permit an individual user, including an OS developer, to copy and
redistribute the software to others, so long as the recepient agrees
to the license terms:

LICENSE. You may copy and use the Software, subject to these
conditions:
1. This Software is licensed for use only in conjunction with Intel
component
products. Use of the Software in conjunction with non-Intel
component
products is not licensed hereunder.


So if I don't have an Intel Wireless in the system, is it still legal
to have the firmware in my system files?


2. You may not copy, modify, rent, sell, distribute or transfer any
part of the
Software except as provided in this Agreement, and you agree to
prevent
unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.


What's exactly the purpose of this term, if reverse engineering is
permitted under many jurisdictions? Is it just to scare potentional
reverse-engineers?


4. You may not sublicense the Software.
5. The Software may contain the software or other property of third
party
suppliers.

[ ... ]
You may transfer the Software only if a copy of this license
accompanies the
Software and the recipient agrees to be fully bound by these terms.

If a project such as OpenBSD wishes to redistribute the software,
then it would probably be considered an Independent Software Vendor,
and again the 

ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-04 Thread Constantine A. Murenin

Hi,

My acquaintance with Unix started with FreeBSD, which I used for quite
a while before discovering OpenBSD. I now mostly use OpenBSD, and I
was wondering of how many FreeBSD users are aware about the licensing
restrictions of Intel Pro Wireless family of wireless adapters?

Why are none of the manual pages of FreeBSD say anything about why
Intel Wireless devices do not work by default?

http://www.freebsd.org/cgi/man.cgi?query=ipw
http://www.freebsd.org/cgi/man.cgi?query=iwi

If you are curious as to why things are the way they are, I suggest
that you check the problems that are described in the misc@openbsd.org
mailing list, and contact Intel people and say what you think about
their user-unfriendly policy in regards to Intel Pro Wireless
firmwares, which are REQUIRED to be loaded from the OS before the
device functions, i.e. the OS developers must be allowed to freely
distribute the firmware in order for the devices to work
out-of-the-box.

For some recent information about Intel being an Open Source Fraud,
see http://marc.theaimsgroup.com/?l=openbsd-miscm=115960734026283w=2.

Cheers,
Constantine.
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