Quoting Alan Cox <[EMAIL PROTECTED]>:

> > I thought that GPL prohibited copyrights like that to be mixed with
> > GPL:ed code?
> 
> Its not linked to the kernel.

Lennart asks about -redistribution- of the source. This alone already
violates the copyright that he quoted. This header not only does not
need to be linked, it can be printed on the bottom of SuSE box - and
this would be already infringement...

> Thought experiment. If the firmware was in a rom,

No transfer here. The guy who burns ROMs has to worry about that.
Usage limitations may apply (do not disassemble etc.)

> or the firmware was uploaded totally independantly into the
> microcontroller would it work ?

Uploaded by who? When? How? It matters. If the uploader thingy
dispenses the firmware without proper "written consent" then it
is bad. The consent will apply to OEM of the uploader and maybe
to conditions under which it may be used. For instance, the author
may prohibit uploading it into competitor's device (if its
hardware is the same).

I'd like to hear more opinions though. Sunday is a slow day...

Thanks,
Dmitri

-- 
* Should be panic but... (Why are BSD people panic obsessed ??)
(Panic message in the kernel.)

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