Re: [RFC]: firmware-ipw2200, acceptable for non-free?

2007-03-09 Thread Francesco Poli
On Fri, 09 Mar 2007 15:27:35 -0500 Benjamin Seidenberg wrote:

[...]
> Remember, the airwaves are a public resource. While I agree with you
> that you should have the right to do with your equipment as you see
> fit in general, this conflict with my rights to enjoy a public
> resource and to use equipment I purchased legally. Since it is illegal
> to boost the power on these devices (or even use a higher-gain
> antenna), I think it's fully reasonable for the FCC to say something
> that is basically "You can't put a switch on there between legal and
> illegal".

Let me (try to) clarify my take on this issue.
I agree that electromagnetic wave frequencies are a public limited
resource and that some regulations are needed to prevent people from
monopolizing them or interfere in a bad way with other resonably
shielded devices (electromagnetic compatibility).

That's why the law should say "you must not exceed these limits" and
this should hold for end-users and device producers, as well.

But the law should *not* say "you must not produce a device that can be
modified in order to exceed these limits".
Firstoff, any device could be modified (more or less easily) so that it
eventually exceed regulatory limits: what the heck!  I could always
reverse engineer the hardware specs and write a brand-new firmware from
scratch!  It can be really hard to do, but it's not impossible!
Moreover, it's not that there's the "exceed limits button": modifying a
DFSG-free firmware qualifies as modifying the device behaviour.  It
should be seen as something that the user is permitted to do: he/she may
fix bugs and improve the firmware without exceeding any regulatory
limits.  If instead he/she does exceed the limits, well, he/she is
breaking the law and should be fined for that; I mean, for exceeding the
limits, not for modifying the firmware!



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Re: [RFC]: firmware-ipw2200, acceptable for non-free?

2007-03-09 Thread Benjamin Seidenberg
Francesco Poli wrote:
> On Thu, 08 Mar 2007 15:34:32 -0500 Benjamin Seidenberg wrote:
>
>   
>> Francesco Poli wrote:
>> 
> [...]
>   
>>> "We would really love to be more permissive, but we cannot, 'cause
>>> that other evil guy forbids us."
>>>
>>> As I keep reading answers like this, I'm less and less convinced of
>>> their good faith...
>>>   
> [...]
>   
>> For some companies I would agree, but as has been said, intel has been
>> opensourcing a lot lately,
>> 
>
> And is getting good publicity for this: as a consequence, I think they
> should act likewise on other fronts...
>
> [...]
>   
>> For a lot of wifi cards (dunno about Intel's) it's regulatory - they
>> can't sell cards that can be easily modified to exceed FCC limits, so
>> they limit it in a binary firmware. If they gave away the source,
>> people could easily modify the card to exceed the legal output power,
>> and thus they can't give away source.
>> 
>
> This sounds like another cheap excuse: I cannot believe that the law
> really says that *Intel* is responsible if *I* modify an Intel WiFi card
> so that it exceeds regulatory limits...  If there indeed is a law like
> this in some jurisdiction, well, the law should be changed ASAP.
>
> Intel should be able to sell easily-reprogrammable WiFi cards: if *I*
> modify one card and exceed regulatory limits, I should be seen as the
> *sole* responsible.
>
>
>   
Rules for transmitting devices certified under FCC part 15:
FCC Rules, Part 15 section 15(b):
"(b) Except as follows, an intentional or unintentional radiator must be
constructed such that the adjustments of any control that is readily
accessible by or intended to be accessible to the user will not cause
operation of the device in violation of the regulations. [...]"

A firmware setting in an open-source firmware would be considered to be
"readily accessible".

Some other points to consider:
Section 202:
"[...] Master devices marketed within the United States must be limited
to operation on permissible Part 15 frequencies. Client devices that can
also act as master devices must meet the requirements of a master
device. For the purposes of this section, a master device is defined as
a device operating in a mode in which it has the capability to transmit
without receiving an enabling signal. [...]"

Which limits frequencies, but it's similar
Section 203 specifically forbids allowing the user to change antennas
(by saying it should be permanently attached or use a non-standard
connector. This is for the same reasons.

   

204(a) says that "[...] no person shall use, manufacture, sell or lease,
offer for sale or lease (including advertising for sale or lease), or
import, ship,
or distribute for the purpose of selling or leasing, any external radio
frequency power amplifier or amplifier kit intended for use with a Part
15 intentional radiator."

I would think a firmware that boosts power beyond the part 15 limits
would count as an amplifier kit, but I could be wrong.

-

Now, the reason why this is good:
Imagine if someone could boost the power of their device at the click of
a button. You'd get better performance, so anyone who is aware of it is
likely to do it. (The likelihood of being caught is extremely low). So
what happens?
a.) Anyone who isn't using boosted wifi power is likely to lose the
ability to use wifi as their signals are drowned out
b.) The same happens for other part 15 devices on nearby frequencies
(cordless phones, wireless mice, etc, etc)
c.) The likelihood of exceeding RF radiation safty limits is increased,
both for users and for people nearby.

Remember, the airwaves are a public resource. While I agree with you
that you should have the right to do with your equipment as you see fit
in general, this conflict with my rights to enjoy a public resource and
to use equipment I purchased legally. Since it is illegal to boost the
power on these devices (or even use a higher-gain antenna), I think it's
fully reasonable for the FCC to say something that is basically "You
can't put a switch on there between legal and illegal".

HTH,
Benjamin







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Re: [RFC]: firmware-ipw2200, acceptable for non-free?

2007-03-09 Thread Andrew Donnellan

On 3/10/07, Francesco Poli <[EMAIL PROTECTED]> wrote:

That is my point: if they want to forbid some possible modifications
(just because those modifications would break some law) by retaining
source code and/or by license restrictions, they have a non-free goal!

The only reasonable justification I can think of is "we would be
considered responsible if you made those modifications", but that
justification would mean that the law is ill-conceived and should be
changed ASAP, as I stated.


Yes, I think they probably do have a non-free goal in keeping the
source code; however while there are legit uses for source I think
they would assume a lot of people would do illegal modifications.

Anyway this isn't sufficient justification - petition Intel like crazy
and maybe they will release the source :) People can modify their Wifi
equipment to go over the legal limits pretty easily anyway...

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Re: [RFC]: firmware-ipw2200, acceptable for non-free?

2007-03-09 Thread Francesco Poli
On Fri, 9 Mar 2007 18:08:28 +1100 Andrew Donnellan wrote:

> On 3/9/07, Francesco Poli <[EMAIL PROTECTED]> wrote:
[...]
> > Intel should be able to sell easily-reprogrammable WiFi cards: if
> > *I* modify one card and exceed regulatory limits, I should be seen
> > as the *sole* responsible.
> 
> While I agree that this isn't an excuse for not freeing it, it's *NOT*
> whether Intel is responsible, it's that they don't want you doing it
> anyway.

That is my point: if they want to forbid some possible modifications
(just because those modifications would break some law) by retaining
source code and/or by license restrictions, they have a non-free goal!

The only reasonable justification I can think of is "we would be
considered responsible if you made those modifications", but that
justification would mean that the law is ill-conceived and should be
changed ASAP, as I stated.

> 
> ie. A crowbar can be used to break in to a house. I can give you one
> and not be responsible if you break into a house, but maybe I don't
> want you to anyway, so I won't give you one.

What if I need the crowbar for legitimate uses (maybe I locked myself
out of my own garage door...)?  Denying me the crowbar would forbid me
those legitimate uses too.

Hope this clarifies what I mean.

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Re: Re: Free art license, CC and DFSG

2007-03-09 Thread Julien Cristau
On Fri, Mar  9, 2007 at 13:41:35 +0100, Ismael Valladolid Torres wrote:

> Julien Cristau escribe:
> > CC-* before 3.0 are non-free
> 
> Why exactly!?

See http://people.debian.org/~evan/ccsummary (this is about 2.0, but I
think the same problems apply to 2.5).

Cheers,
Julien


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Re: Re: Free art license, CC and DFSG

2007-03-09 Thread Ismael Valladolid Torres
Julien Cristau escribe:
> CC-* before 3.0 are non-free

Why exactly!?


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Re: Re: Free art license, CC and DFSG

2007-03-09 Thread Julien Cristau
On Fri, Mar  9, 2007 at 08:34:30 +0100, Mathieu Stumpf wrote:

> Great, there are 996 songs under CC-by (2.0+2.5) if I just look at
> dogmazic.net.
> 
CC-* before 3.0 are non-free, CC-by 3.0 is probably ok, IIRC.

Cheers,
Julien


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