>> The trade secret statements are either irrelevant or false.
>> "This notice does not imply unrestricted or public access to this
>> firmware" may be technical true technically true because it is not
>> "this notice" which what created unrestricted or public access, but
>> the unrestricted public access to the linux kernel releases which
>> contained that code do create such access.
>
>
>Source and binaries are different things.
Irrelevant. Unrestricted public access to the Linux kernel has
made that list of numbers, which is exactly what the trade secret
notices refered to, no longer a trade secret.
>> statically includes, illegal to distribute any binary module that
>> contains even one byte of a GPL'ed source or include file (amount
>> copied is not enough to establish fair use).
>
>Try the thought experiment. Its important.
>
>If you put the data block in user space and upload it and that is ok, then
>there is no linking. If there is no linking then its mere aggregation. If its
>mere aggregation there is no problem.
Just to be clear: the data block has to be more than just
in user space. It has to not be linked or otherwise comingled with
GPL'ed material. For example, if it were #include'd into a user
space program, that program must not contain GPL'ed material. The
solution that I suggested is moving the firmware into a separate data
file that such a program could use, e.g.:
/usr/bin/keyspan_firmware /usr/lib/firmware/keyspan_usa18x /proc/bus/usb/001/003
[...]
>Is the permission included sufficient to include the firmware as a mere
>aggregation.
Inclusion in keyspan*.h and linking into a kernel or module
binary that contains GPL'ed material is more than mere aggregation,
regardless of which part of the computing hardware makes most use of
it.
As always, I am not a lawyer, so don't rely on this as legal
advice.
Adam J. Richter __ ______________ 4880 Stevens Creek Blvd, Suite 104
[EMAIL PROTECTED] \ / San Jose, California 95129-1034
+1 408 261-6630 | g g d r a s i l United States of America
fax +1 408 261-6631 "Free Software For The Rest Of Us."
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