Bug#284221: Bug #284221: acenic firmware situation summary

2004-12-14 Thread Nathanael Nerode
>Not really.  That licence doesn't allow Debian to distribute whatever
>it is that's being licenced.  There's only permission for personal use.

Hmm.  My initial reading was that "you" could
(1) "create, test and provide" programs for use with ALTEON network cards
(2) "license the object code" of such a program provided it is restricted to 
use with ALTEON network cards

It's obviously non-free, but -- depending on who "you" is -- could allow 
distribution.

Looking at it closer, it suffers from being a contract, and being inherently 
click-wrap, and Debian can't implement click-wrap, so it's unsuitable for 
non-free.  :-(

It does look like it's probably legal for someone to make the object code for 
the firmware available somewhere, under that click-wrap license, as an 
interim measure before independent firmware is created.




Bug#284221: acenic firmware situation summary

2004-12-13 Thread Matthew Wilcox
On Mon, Dec 13, 2004 at 12:15:57PM -0500, Christopher Priest wrote:
> Is this helpful
> http://web.archive.org/web/2711071330/sanjose.alteon.com/license-agree.shtml

Not really.  That licence doesn't allow Debian to distribute whatever
it is that's being licenced.  There's only permission for personal use.

-- 
"Next the statesmen will invent cheap lies, putting the blame upon 
the nation that is attacked, and every man will be glad of those
conscience-soothing falsities, and will diligently study them, and refuse
to examine any refutations of them; and thus he will by and by convince 
himself that the war is just, and will thank God for the better sleep 
he enjoys after this process of grotesque self-deception." -- Mark Twain




Bug#284221: acenic firmware situation summary

2004-12-13 Thread Christopher Priest
> Perhaps someone can track down the original license
> listed on the now-defunct web page (supposedly
http://alteonwebsystems.com/)
> where Alteon allowed people to download the firmware?
> (This is a sad lesson for the developers of the Arsenic enhanced firmware:
> Never, ever, point to someone else's license on a web page; *always* put a
> verbatim copy in your distribution.)
>
Is this helpful
http://web.archive.org/web/2711071330/sanjose.alteon.com/license-agree.shtml





Bug#284221: acenic firmware situation summary

2004-12-13 Thread Christopher Priest
The current owner of alteon is nortel.
http://web.archive.org/web/20040117112911/www.alteonwebsystems.com/ascii/




Bug#284221: acenic firmware situation summary

2004-12-12 Thread Matthew Wilcox
On Sun, Dec 12, 2004 at 03:17:31PM -0500, Nathanael Nerode wrote:
> Warning: long. CC'ed to debian-legal in case anyone there knows anything more.

How about cc'ing the author of the driver?  He might know the answer.

> The source for the acenic driver is in fact in the source package for 
> the kernel.
> 
> The firmware is absent from Debian for *very* good reasons: the version in
> the Linux kernel is distributed without proper copyright notices or a license.
> (SCO should really have bought up firmware copyrights if it wanted to sue 
> Linux
> distributors.)  I do so wish people wouldn't go off ranting about
> "anti-firmware fanatics" before checking the facts.
> 
> (If someone wants to try to change Debian policy so that Debian can distribute
> copyright-encumbered works with no clear license, go ahead.  However,
> Debian's current policy is, I believe, to follow the law strictly in
> copyright matters.)
> 
> --
> As a point of interest, the source code for the ACENIC firmware is
> actually available at http://alteon.shareable.org/, but it comes without
> a proper license, so it's no good if you want to do things legally.
> 
> The web page says:
> "Look at the source files yourself to understand any licensing restrictions on
> their use.  Alteon's license may be summarised like this: you may share
> and develop the firmware, but it is only for use with Alteon NIC
> products."
> 
> Unfortunately, looking at the source files, I find that they are "all rights
> reserved" and I can find no license grant.  The Alteon Open Firmware
> Agreement doesn't appear to exist any more.  So his summary of the license
> appears to be wrong.
> 
> Perhaps someone can track down the original license
> listed on the now-defunct web page (supposedly http://alteonwebsystems.com/)
> where Alteon allowed people to download the firmware?
> (This is a sad lesson for the developers of the Arsenic enhanced firmware:
> Never, ever, point to someone else's license on a web page; *always* put a
> verbatim copy in your distribution.)
> 
> 
> At least they have proper copyright notices; I suppose Alteon's successor
> might be convinced to release it under a Free license, or at least a
> license which grants permission to distribute.  Alteon is now owned by Nortel,
> but apparently sold the ACENIC business to 3Com.  Did that include the 
> firmware?
> Who knows?  Unfortunately, 3Com seems to be pretty bad about responding to
> licensing-related requests.  If anyone knows someone on the "inside", it would
> help.  :-P
> 
> (Parts are also copyright "Essential Communication Corp.", and I have no
> idea what's become of them; I think they may be the "Essential
> Communications Corp." which was bought by ODS Networks according to
> http://www.bizjournals.com/dallas/stories/1998/05/04/daily7.html.  Also,
> Alteon presumably had a license from them, and it may allow Alteon to
> sublicense arbitrarily; 
> http://www.socratek.com/Agreement-Preview.asp?num=37354
> may have something to do with this, or may not.)
> 
> --
> More usefully, the alteon.shareable.org web page features the documentation
> for the board, and although that's all under copyright too, it could certainly
> be legally used as a reference for writing your own firmware.  (And if you do,
> you can release it under a Free license and everyone will be happy.)
> 
> Jamie Lokier's tools on the same webpage, in contrast to the firmware itself,
> are GPL, and could certainly be used to help develop new firmware.
> 
> A related page is http://www.cl.cam.ac.uk/~tjd21/alteon/, with more
> GPL tools which might be useful for anyone developing new firmware.
> 
> In addition, if someone gets the original firmware licensed acceptably (or
> writes new firmware to which the changes can be applied), there's some
> serious improvements -- the "Arsenic" firmware -- released under a
> 4-clause BSD license from http://www.cl.cam.ac.uk/Research/SRG/netos/arsenic/.
> 
> I think that sums it up.
> 
> -- 
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> 
> 
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-- 
"Next the statesmen will invent cheap lies, putting the blame upon 
the nation that is attacked, and every man will be glad of those
conscience-soothing falsities, and will diligently study them, and refuse
to examine any refutations of them; and thus he will by and by convince 
himself that the war is just, and will thank God for the better sleep 
he enjoys after this process of grotesque self-deception." -- Mark Twain