Bug#501153: Tehuti driver and firmware distribution for Linux

2008-10-22 Thread Ben Hutchings
On Wed, Oct 22, 2008 at 11:27:42AM +0200, Pinchas wrote:
 Dear Ben
 
 We are satisfied with the last statement:
 
 Permission is hereby granted for the distribution of this firmware data
 in hexadecimal or equivalent format, provided this copyright notice is
 accompanying it.

Thank you very much.

Ben.

-- 
Ben Hutchings



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Bug#501153: Tehuti driver and firmware distribution for Linux

2008-10-16 Thread Ben Hutchings
On Mon, Oct 13, 2008 at 12:04:35PM +0100, Ben Hutchings wrote:
 On Mon, Oct 13, 2008 at 10:52:31AM +0200, Pinchas wrote:
  Dear Ben
  
  This subject was discussed and clarified in the past and it was agreed that
  the firmware part of the Driver will be distributed in  Binary. This
  Firmware is actually an integral part of our H/W and should be viewed as
  such, thus it is supplied as a Binary code. 
 
 I accept that you are treating this as a part of the hardware and I am
 not asking you to release its source code.  I am asking for a licence
 that clearly allows Debian and others to redistribute the firmware in
 binary format.  The GPL does not do this, because it says we must also
 distribute source code, and we cannot.

As examples, other hardware vendors have used the licence text:

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
   notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
   notice, this list of conditions and the following disclaimer in the
   documentation and/or other materials provided with the distribution.
3. Neither the name of [company] nor the names of its contributors
   may be used to endorse or promote products derived from this software
   without specific prior written permission.

or:

Permission is hereby granted for the distribution of this firmware data
in hexadecimal or equivalent format, provided this copyright notice is
accompanying it.

I would be very grateful if you could state your intent formally.

Ben.

-- 
Ben Hutchings



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Bug#501153: Tehuti driver and firmware distribution for Linux

2008-10-13 Thread Ben Hutchings
On Mon, Oct 13, 2008 at 10:52:31AM +0200, Pinchas wrote:
 Dear Ben
 
 This subject was discussed and clarified in the past and it was agreed that
 the firmware part of the Driver will be distributed in  Binary. This
 Firmware is actually an integral part of our H/W and should be viewed as
 such, thus it is supplied as a Binary code. 

I accept that you are treating this as a part of the hardware and I am
not asking you to release its source code.  I am asking for a licence
that clearly allows Debian and others to redistribute the firmware in
binary format.  The GPL does not do this, because it says we must also
distribute source code, and we cannot.

Ben.

-- 
Ben Hutchings
Life is what happens to you while you're busy making other plans.
   - John Lennon



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Bug#501153: Tehuti driver and firmware distribution for Linux

2008-10-12 Thread Ben Hutchings
I am writing as a member of the Debian project, which distributes a
version of Linux.  The project is attempting to resolve the licencing of
firmware used with Linux.  The following may require attention by your
legal department.

Linux includes a driver and firmware which are listed as copyright of
Tehuti Networks and licenced under the GNU General Public Licence (GPL).
Thank you for supporting Linux and free software.

Unfortunately, applying the GPL to the firmware is problematic, because
you distribute it in binary (or equivalent) form, and not the source
code that your programmers used to create it.  The GPL states that
anyone redistributing a work that it covers must also offer to
distribute the source code.  This means that strictly speaking no-one
outside Tehuti Networks is allowed to distribute the firmware, which I
assume was not your intent.

Please can you clarify the licence for the firmware, and preferably
issue a new licence that clearly allows Debian and others to distribute
the firmware.

Ben.

-- 
Ben Hutchings



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Bug#501153: Tehuti driver and firmware distribution for Linux

2008-10-12 Thread Ben Hutchings
I am writing as a member of the Debian project, which distributes a
version of Linux.  The project is attempting to resolve the licencing of
firmware used with Linux.  The following may require attention by your
legal department.

Linux includes a driver and firmware which are listed as copyright of
Tehuti Networks and licenced under the GNU General Public Licence (GPL).
Thank you for supporting Linux and free software.

Unfortunately, applying the GPL to the firmware is problematic, because
you distribute it in binary (or equivalent) form, and not the source
code that your programmers used to create it.  The GPL states that
anyone redistributing a work that it covers must also offer to
distribute the source code.  This means that strictly speaking no-one
outside Tehuti Networks is allowed to distribute the firmware, which I
assume was not your intent.

Please can you clarify the licence for the firmware, and preferably
issue a new licence that clearly allows Debian and others to distribute
the firmware.

Ben.

-- 
Ben Hutchings



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