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

2006-10-07 Thread Constantine A. Murenin

On 05/10/06, Matt Emmerton [EMAIL PROTECTED] 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.

It's required by Intel's choice of licence for the firmware for that
wireless NIC.


Where did you find that in the man-pages?


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

 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?

It doesn't.  However, most licences allow derivative works to be created
outside of Intel's control.  If one of these derivative work allows the
device to be used in a manner that violates FCC rules and regulations, Intel
remains liable because they a) the provider of the hardware device in
question and b) the provider of the initial software (that spawned the
derivative work)


As I see it, no matter what Intel does, a) and b) will always be the
case -- reverse-engineering efforts still have to use Intel's original
software to produce any viable results. I.e. by extending your
argument slightly further, Intel is screwed anyway.


There is nothing stopping Intel from releasing the firmware, except for the
legal fear that the FCC will hold them accountable for illegal acts
performed with their device.


Even if the original document does not allow one to distribute
derivative works, anyone can still post complicated instructions on
modifying Intel's binaries such that the device violates the law. I
strongly doubt FCC would hold Intel accountable if any user follows
those complicated instructions, as it's almost impossible for Intel to
control those kind of things.

Intel should not write their own law, they should just make sure that
customers are unlikely to disrespect FCCs laws. FCC laws, on the other
hand, never say that manufacturers have to keep completely secret
anything about their wireless devices. Distributing the very same
firmware that already available under another licence doesn't have
anything to do with one's ability to respect or disrespect the FCC
laws.

Put it the other way around -- if Intel doesn't distribute the
firmware on terms acceptable to the end user, then it basically
_forces_ the user to come up with their own firmware, or use some
alternative firmwares. And what if alternative firmwares violate FCC?
Then who's fault is that? It is now clearly Intel's fault, because
they've made it legally difficult for the user to use the original
Intel firmware. I.e. Intel is better off distributing the firmware
under a BSD or ISC licence, unless it wants problems with their
devices with the FCC.

Cheers,
Constantine.
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Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensingproblems

2006-10-05 Thread Matt Emmerton
 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.

It's required by Intel's choice of licence for the firmware for that
wireless NIC.

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

 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?

It doesn't.  However, most licences allow derivative works to be created
outside of Intel's control.  If one of these derivative work allows the
device to be used in a manner that violates FCC rules and regulations, Intel
remains liable because they a) the provider of the hardware device in
question and b) the provider of the initial software (that spawned the
derivative work)

There is nothing stopping Intel from releasing the firmware, except for the
legal fear that the FCC will hold them accountable for illegal acts
performed with their device.

  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?

No.  In this case it is not being used in conjunction with Intel component
products as it stands alone.

 Chuck, if the licence is as good as you make it sound, would you tell
 me why FreeBSD, OpenBSD, Debian GNU/Linux and a lot of other systems
 do not include the firmware in the base system?

 If you think downloading firmwares and accepting tonnes of EUAs is
 completely normal, then why is fxp(4) firmware/microcode/whatever it's
 called in fxp(4) is included in every OpenBSD and FreeBSD release?

Because fxp is not a wireless device, and thus does not fall under the FCC's
control for RADIO devices.  (The normal Class A/B rules for device emissions
still apply, but since the device is a hardwire device, there's nary a way
to change the firmware to be in violation of these rules.)

--
Matt Emmerton

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