Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-20 Thread Peter Samuelson

[Manoj Srivastava]
 Given this official statement, I also suggest that the GR
  proposal is moot, since the proposer himself believes that the kernel
  modules in question can not be distributed by Debian legally.

There are a few firmware files which are sourceless but explicitly
_not_ GPL - these are still covered by some or all of the GRs under
past and present consideration.

Whether this subset of firmware matters much to end users, I couldn't
say.


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-20 Thread Sven Luther
On Fri, Oct 20, 2006 at 03:46:57PM -0500, Peter Samuelson wrote:
 
 [Manoj Srivastava]
  Given this official statement, I also suggest that the GR
   proposal is moot, since the proposer himself believes that the kernel
   modules in question can not be distributed by Debian legally.
 
 There are a few firmware files which are sourceless but explicitly
 _not_ GPL - these are still covered by some or all of the GRs under
 past and present consideration.

I don't understand which GRs cover this one ? 

 Whether this subset of firmware matters much to end users, I couldn't
 say.

tg3, e100 maybe too, those are some very widely widespread ethernet drivers,
used among others in servers, where netbooting is a must.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-17 Thread Sven Luther
On Sun, Oct 15, 2006 at 01:34:11PM -0700, Don Armstrong wrote:
 On Sun, 15 Oct 2006, Sven Luther wrote:
  Well, we all know it is sourceless GPLed firmware, and we chose just
  to say the contrary, because it is convenient to us.
 
 If we know[1] a work is a sourceless GPLed work, then we cannot
 distribute it *at* *all*. Doing otherwise is wholly inappropriate, GR
 or no GR, and opens up us and our mirror operators to a whole scope of
 liability that they should not be facing.

This is indeed true, but mitigated by the fact that everyone does the same,
and that more often than not the copyright holder are distributing it
themselves, thus they hardly can sue us (or win the following case) over it.

But the whole idea of this GR, was to let this whole issue pass, and ask the
copyright holders (if they can be found, difficult in some cases, like the
acenic one) to clarify their position and provide an explicit license,
post-etch.

The new proposal says exactly that :

  5. We further note that some of these firmware do not have individual license,
 and thus implicitly fall under the generic linux kernel GPL license.
 We will include these firmware in Debian Etch and review them after the
 release. Vendors of such firmware may wish to investigate the licensing
 terms, and make sure the GPL distribution conditions are respected,
 especially with regards to source availability.

the voted-upon resolution is less clear and precise about this, and will bring
more confusion than anything else.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-16 Thread Sven Luther
On Sun, Oct 15, 2006 at 07:21:49PM -0500, Manoj Srivastava wrote:
 On Mon, 16 Oct 2006 02:03:59 +0200, Sven Luther [EMAIL PROTECTED] said: 
 
  On Sun, Oct 15, 2006 at 04:05:57PM -0500, Manoj Srivastava wrote:
  Can you spell out for us which kernel modules, in the opinion of
  the kernel team, are certainly sourceless GPL stuff? Please make
  sure you have the official opinion of the kernel team, and that you
  are saying that these modules do contain sourceless GPL'd material.
 
  The complete list at :
 
  http://wiki.debian.org/KernelFirmwareLicensing?action=show#head-93ba883132bc3ebc09131100ec6bb6fbfb5e3e61
 
  Include code which Larry stated where unlikely to be the actual form
  of modification. I think he even said something along the lines of
  no sane coder would write such directly in hex.
 
  There are some which are big enough that it would not be practical
  to write them directly in hex, so there is little doubt about the
  outcome.
 
 Folks, if this is indeed the official opinion of the kernel
  team (since that is what was solicited, then regardless of any GR, we
  need to remove every thing mentioned by Sven from the kernel
  immediately, since we are not allowed to distribute them.

This is my own opinion this time, and i specifically said that others of the
kernel team should give an official statement.

 Given this official statement, I also suggest that the GR
  proposal is moot, since the proposer himself believes that the kernel
  modules in question can not be distributed by Debian legally.

 I appreciate there not being any more GR's on this subject :),
  since now we have to remove these modules, as per  the official
  kernel team position.

Ah, so now you want to censor an already seconded GR ? And your word on what
needs removing has more weight that what the project decides in a GR ? 

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Sven Luther
On Fri, Oct 13, 2006 at 03:57:28PM -0500, Manoj Srivastava wrote:
  Probably, but then choice 1. of the ballot currently under vote
  should have had 3:1 supermajority also, which added to misleading
  wording of the short title compared to the actual content of the
  proposal, cast some serious doubt as to the validity of the vote
  being currently held.
 
 Nope. Choice 1 (I am assuming you mean the gr_firmware's
  release etch despite firmware issues option, though that is not at
  all clear) in no way requires anything that violates the DFSG or the
  social contract, so it does not need the super majority.

Well, it :

  1. allows for releasing firmware binaries under the GPL lacking propper 
sources.

  = This is a violation of DFSG 2 (Source Code) :

  The program must include source code, and must allow distribution in source
  code as well as compiled form.

  2. means removal of support for thos users needing non-free firmware to
  install. This coupled with the staunch refusal of the d-i team to implement
  non-free loading in d-i, leads to an inability of some of our users to
  install on their hardware using debian, even on non-free media. This is
  especially true with the removal of such popular drivers, like the tg3
  driver, which will have to go with the resolution just voted.

  = This is a violation of SC4 (Our priorities are our users and free software)
  and SC5 (Works that do not meet our free software standards) :

  We will be guided by the needs of our users and the free software
  community. We will place their interests first in our priorities.

   We acknowledge that some of our users require the use of works that do not
   conform to the Debian Free Software Guidelines. We have created contrib
   and non-free areas in our archive for these works. The packages in these
   areas are not part of the Debian system, although they have been configured
   for use with Debian. We encourage CD manufacturers to read the licenses of
   the packages in these areas and determine if they can distribute the
   packages on their CDs. Thus, although non-free works are not a part of
   Debian, we support their use and provide infrastructure for non-free
   packages (such as our bug tracking system and mailing lists).

Notice how SC5 says : we support their use and provide infrastructure for
non-free packages. This clearly includes support for installing non-free
firmware on our installer medias.

The first point is probably uninportant, since the resolution passed by
271:42, thus more than getting this 3:1 majority. I wonder how many of those
voters didn't realize what they where voting on, but i guess we will never
know for sure.

On the other hand, thiesecond point is not really violated here, but it also
means that we need a GR vote in order to be able to release etch without a
proper support for loading non-free firmware .udebs from d-i, and that this
would be a 3:1 vote ? 

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Sven Luther
On Sun, Oct 15, 2006 at 10:52:57AM +0200, Mike Hommey wrote:
 On Sun, Oct 15, 2006 at 10:17:56AM +0200, Sven Luther [EMAIL PROTECTED] 
 wrote:
  Notice how SC5 says : we support their use and provide infrastructure for
  non-free packages. This clearly includes support for installing non-free
  firmware on our installer medias.
 
 Notice how SC5 says : we support their use and provide *infrastructure
 for non-free packages*, which clearly means we provide ftp space for
 non-free packages, not installing non-free firmware on our installer
 medias.

Oh ? Please tell me which dictionary says that infrastructure means ftp
archive ? We especially removed the ftp area wording from the social
contract for this purpose in the pre-sarge GRs.

I believe you could call the installer media and their own .udeb archive,
infrastructure needed in order to install debian, no ? 

And anyway, the intent is clear, we promise in SC5 to support our users which
need non-free, and purely and simply removing tg3, acenic and a bunch of other
modules, without a non-free installer or support for them in our installer is
clearly a violation of SC5.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Mike Hommey
On Sun, Oct 15, 2006 at 10:17:56AM +0200, Sven Luther [EMAIL PROTECTED] wrote:
 Notice how SC5 says : we support their use and provide infrastructure for
 non-free packages. This clearly includes support for installing non-free
 firmware on our installer medias.

Notice how SC5 says : we support their use and provide *infrastructure
for non-free packages*, which clearly means we provide ftp space for
non-free packages, not installing non-free firmware on our installer
medias.

Mike


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Manoj Srivastava
On Sun, 15 Oct 2006 10:17:56 +0200, Sven Luther [EMAIL PROTECTED] said: 

 On Fri, Oct 13, 2006 at 03:57:28PM -0500, Manoj Srivastava wrote:
  Probably, but then choice 1. of the ballot currently under vote
  should have had 3:1 supermajority also, which added to misleading
  wording of the short title compared to the actual content of the
  proposal, cast some serious doubt as to the validity of the vote
  being currently held.
 
 Nope. Choice 1 (I am assuming you mean the gr_firmware's release
 etch despite firmware issues option, though that is not at all
 clear) in no way requires anything that violates the DFSG or the
 social contract, so it does not need the super majority.

 Well, it :

   1. allows for releasing firmware binaries under the GPL lacking
  propper sources.

Wrong.  It only allows us to distribute drivers that upstream
 is implying we have sources for --  and we have no proof that the
 sources are not in the preferred form of modification.  Guessing that
 the preferred form of modification is not proof.

{SNIP a whole lot of hostile text}

manoj
-- 
The greatest disloyalty one can offer to great pioneers is to refuse
to move an inch from where they stood.
Manoj Srivastava [EMAIL PROTECTED] http://www.debian.org/~srivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Sven Luther
On Sun, Oct 15, 2006 at 08:42:41AM -0500, Manoj Srivastava wrote:
 On Sun, 15 Oct 2006 10:17:56 +0200, Sven Luther [EMAIL PROTECTED] said: 
 
  On Fri, Oct 13, 2006 at 03:57:28PM -0500, Manoj Srivastava wrote:
   Probably, but then choice 1. of the ballot currently under vote
   should have had 3:1 supermajority also, which added to misleading
   wording of the short title compared to the actual content of the
   proposal, cast some serious doubt as to the validity of the vote
   being currently held.
  
  Nope. Choice 1 (I am assuming you mean the gr_firmware's release
  etch despite firmware issues option, though that is not at all
  clear) in no way requires anything that violates the DFSG or the
  social contract, so it does not need the super majority.
 
  Well, it :
 
1. allows for releasing firmware binaries under the GPL lacking
   propper sources.
 
 Wrong.  It only allows us to distribute drivers that upstream
  is implying we have sources for --  and we have no proof that the
  sources are not in the preferred form of modification.  Guessing that
  the preferred form of modification is not proof.

Well, we all know it is sourceless GPLed firmware, and we chose just to say
the contrary, because it is convenient to us. IANAL, so i couldn't say if this
is indeed a proper defense in court if we get sued, but i guess that it may be
problematic. But then on the otherhand, i suppose the risk of getting sued is
as negligible as the risk of getting sued over the other firmwares which are
non-distributable.

Manoj, this is just a matter of how much you can lie to yourself, and i am
sorry, but my own concience is not letting me say to the world something which
we evidently know is wrong. You may have a much loser concience for this one
point though.

 {SNIP a whole lot of hostile text}

Manoj, ...

Please tell me (in private) what in the rest of the text you feel is hostile.
It seems a pretty correct analysis of the problem, and i don't see a single
line of agressiveness or hostily in it. But then, naturally, you are the
native english speaker, and i may severly mis-understand some nuances of what
i wrote, so please inform me of where the hostility is, so i may correct this
in the future.

And if, after you reread it, you cannot justify it as hostile, i would
appreciate if you would take the above defaming coment back.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Don Armstrong
On Sun, 15 Oct 2006, Sven Luther wrote:
 Well, we all know it is sourceless GPLed firmware, and we chose just
 to say the contrary, because it is convenient to us.

If we know[1] a work is a sourceless GPLed work, then we cannot
distribute it *at* *all*. Doing otherwise is wholly inappropriate, GR
or no GR, and opens up us and our mirror operators to a whole scope of
liability that they should not be facing.


Don Armstrong

1: We can argue about whether we actually know or suspect or
feel, but once it's clear, there's no other choice. I'd personally
argue to be on the cautious side unless a copyright holder tells us
that we're distributing what they actually use the modify the work,
but that's just because I want Debian to continue to exist even in the
face of insane copyright holders.
-- 
A people living under the perpetual menace of war and invasion is very
easy to govern. It demands no social reforms. It does not haggle over
expenditures on armaments and military equipment. It pays without
discussion, it ruins itself, and that is an excellent thing for the
syndicates of financiers and manufacturers for whom patriotic terrors
are an abundant source of gain.
 -- Anatole France

http://www.donarmstrong.com  http://rzlab.ucr.edu


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Manoj Srivastava
On Sun, 15 Oct 2006 17:16:04 +0200, Sven Luther [EMAIL PROTECTED] said: 

 On Sun, Oct 15, 2006 at 08:42:41AM -0500, Manoj Srivastava wrote:
 On Sun, 15 Oct 2006 10:17:56 +0200, Sven Luther
 [EMAIL PROTECTED] said:
 
  On Fri, Oct 13, 2006 at 03:57:28PM -0500, Manoj Srivastava wrote:
   Probably, but then choice 1. of the ballot currently under
   vote should have had 3:1 supermajority also, which added to
   misleading wording of the short title compared to the actual
   content of the proposal, cast some serious doubt as to the
   validity of the vote being currently held.
  
  Nope. Choice 1 (I am assuming you mean the gr_firmware's
  release etch despite firmware issues option, though that is
  not at all clear) in no way requires anything that violates the
  DFSG or the social contract, so it does not need the super
  majority.
 
  Well, it :
 
1. allows for releasing firmware binaries under the GPL lacking
   propper sources.
 
 Wrong.  It only allows us to distribute drivers that upstream is
 implying we have sources for -- and we have no proof that the
 sources are not in the preferred form of modification.  Guessing
 that the preferred form of modification is not proof.

 Well, we all know it is sourceless GPLed firmware, and we chose just
 to say the contrary, because it is convenient to us. IANAL, so i
 couldn't say if this is indeed a proper defense in court if we get
 sued, but i guess that it may be problematic. But then on the
 otherhand, i suppose the risk of getting sued is as negligible as
 the risk of getting sued over the other firmwares which are
 non-distributable.

Can you spell out for us which kernel modules, in the opinion
 of the kernel team, are certainly sourceless GPL stuff? Please make
 sure you have the official opinion of the kernel team, and that you
 are saying that these modules do contain sourceless GPL'd material.

Thank you,

manoj
-- 
Never put off until tomorrow what you can do the day after.
Manoj Srivastava [EMAIL PROTECTED] http://www.debian.org/~srivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Sven Luther
On Sun, Oct 15, 2006 at 04:05:57PM -0500, Manoj Srivastava wrote:
 Can you spell out for us which kernel modules, in the opinion
  of the kernel team, are certainly sourceless GPL stuff? Please make
  sure you have the official opinion of the kernel team, and that you
  are saying that these modules do contain sourceless GPL'd material.

The complete list at :

http://wiki.debian.org/KernelFirmwareLicensing?action=show#head-93ba883132bc3ebc09131100ec6bb6fbfb5e3e61

Include code which Larry stated where unlikely to be the actual form of
modification. I think he even said something along the lines of no sane coder
would write such directly in hex. 

There are some which are big enough that it would not be practical to write
them directly in hex, so there is little doubt about the outcome.

Furthermore, i want to reminid you about the broadcom/tg3 precedent, for such
a case which was previously sourceless GPL, and now, after clarification from
the copyright holder after *OUR* prompting, shows :

 * Firmware is:
 *  Derived from proprietary unpublished source code,
 *  Copyright (C) 2000-2003 Broadcom Corporation.
 *
 *  Permission is hereby granted for the distribution of this firmware
 *  data in hexadecimal or equivalent format, provided this copyright
 *  notice is accompanying it.
 
Notice how it says : Derived from proprietary unpublished source code.

This precedent and anlysis shows that a huge portion of the 40+ or so affected
firmwares are most probably sourceless GPL files, and thus illegal to
distribute. See also various hints concerning variables and defines with CODE
in their name, or UCODE or variants thereof.

So, you want an official statement of the kernel team ? What about :

  
http://wiki.debian.org/KernelFirmwareLicensing?action=show#head-98e7641feaea08b775f4d5c58d071b77ff172c90

Which says : 

  2. Sourceless binary blobs distributed under GPL.

   This situation has been interpreted as a violation of the terms of GPL, which
   requires the distribution to be accompanied by the source code. Removal of
   firmware in this category will cause effective removal of a large number of
   important drivers, resulting in a severe negative impact on our users.

No direct list is given here, but again this was based on larry's list.

In any case, i will let others reply to this, as it is clear you won't accept
my word for this, and it is past time others of the kernel team got involved
in this again.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-15 Thread Manoj Srivastava
On Mon, 16 Oct 2006 02:03:59 +0200, Sven Luther [EMAIL PROTECTED] said: 

 On Sun, Oct 15, 2006 at 04:05:57PM -0500, Manoj Srivastava wrote:
 Can you spell out for us which kernel modules, in the opinion of
 the kernel team, are certainly sourceless GPL stuff? Please make
 sure you have the official opinion of the kernel team, and that you
 are saying that these modules do contain sourceless GPL'd material.

 The complete list at :

 http://wiki.debian.org/KernelFirmwareLicensing?action=show#head-93ba883132bc3ebc09131100ec6bb6fbfb5e3e61

 Include code which Larry stated where unlikely to be the actual form
 of modification. I think he even said something along the lines of
 no sane coder would write such directly in hex.

 There are some which are big enough that it would not be practical
 to write them directly in hex, so there is little doubt about the
 outcome.

Folks, if this is indeed the official opinion of the kernel
 team (since that is what was solicited, then regardless of any GR, we
 need to remove every thing mentioned by Sven from the kernel
 immediately, since we are not allowed to distribute them.

Given this official statement, I also suggest that the GR
 proposal is moot, since the proposer himself believes that the kernel
 modules in question can not be distributed by Debian legally.

I appreciate there not being any more GR's on this subject :),
 since now we have to remove these modules, as per  the official
 kernel team position.

manoj
 not entirely facetious 
-- 
No extensible language will be universal. Cheatham
Manoj Srivastava [EMAIL PROTECTED] http://www.debian.org/~srivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-13 Thread Manoj Srivastava
On Sat, 7 Oct 2006 06:49:17 +0200, Sven Luther [EMAIL PROTECTED] said: 

   4. We allow inclusion of such firmware into Debian Etch, even if
  their license does not normally allow modification, as long as
  we are legally allowed to distribute them.

This clause is a violation of the DFSG, being able to modify
 whatever we ship (apart from license texts) is a core part of what
 free software is. Electing not to apply the DFSG violates the SC,
 which says everything we produce would be free according to the
 DFSG. 


No matter how you look at it, this proposal supersedes either
 the DFSG or the SC, or both, even though it does so only
 temporarily -- and superseding a foundation document requires a 3:1
 super majority.

I suggest eliminating this clause.

manoj
-- 
Try to get all of your posthumous medals in advance.
Manoj Srivastava [EMAIL PROTECTED] http://www.debian.org/~srivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-13 Thread Sven Luther
On Fri, Oct 13, 2006 at 09:04:48AM -0500, Manoj Srivastava wrote:
 On Sat, 7 Oct 2006 06:49:17 +0200, Sven Luther [EMAIL PROTECTED] said: 
 
4. We allow inclusion of such firmware into Debian Etch, even if
   their license does not normally allow modification, as long as
   we are legally allowed to distribute them.
 
 This clause is a violation of the DFSG, being able to modify
  whatever we ship (apart from license texts) is a core part of what
  free software is. Electing not to apply the DFSG violates the SC,
  which says everything we produce would be free according to the
  DFSG. 
 
 
 No matter how you look at it, this proposal supersedes either
  the DFSG or the SC, or both, even though it does so only
  temporarily -- and superseding a foundation document requires a 3:1
  super majority.

Probably, but then choice 1. of the ballot currently under vote should have
had 3:1 supermajority also, which added to misleading wording of the short
title compared to the actual content of the proposal, cast some serious doubt
as to the validity of the vote being currently held.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-13 Thread Frank Küster
Manoj Srivastava [EMAIL PROTECTED] wrote:

 On Sat, 7 Oct 2006 06:49:17 +0200, Sven Luther [EMAIL PROTECTED] said: 

   4. We allow inclusion of such firmware into Debian Etch, even if
  their license does not normally allow modification, as long as
  we are legally allowed to distribute them.

 This clause is a violation of the DFSG, being able to modify
  whatever we ship (apart from license texts) is a core part of what
  free software is. Electing not to apply the DFSG violates the SC,
  which says everything we produce would be free according to the
  DFSG. 


 No matter how you look at it, this proposal supersedes either
  the DFSG or the SC, or both, even though it does so only
  temporarily -- and superseding a foundation document requires a 3:1
  super majority.

 I suggest eliminating this clause.

Or voting for this clause with 3:1 majority.

Regards, Frank
-- 
Dr. Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX/TeXLive)



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-13 Thread Manoj Srivastava
On Fri, 13 Oct 2006 16:51:34 +0200, Sven Luther [EMAIL PROTECTED] said: 

 On Fri, Oct 13, 2006 at 09:04:48AM -0500, Manoj Srivastava wrote:
 On Sat, 7 Oct 2006 06:49:17 +0200, Sven Luther
 [EMAIL PROTECTED] said:
 
4. We allow inclusion of such firmware into Debian Etch, even
   if their license does not normally allow modification, as
   long as we are legally allowed to distribute them.
 
 This clause is a violation of the DFSG, being able to modify
 whatever we ship (apart from license texts) is a core part of what
 free software is. Electing not to apply the DFSG violates the SC,
 which says everything we produce would be free according to the
 DFSG.
 
 
 No matter how you look at it, this proposal supersedes either the
 DFSG or the SC, or both, even though it does so only temporarily --
 and superseding a foundation document requires a 3:1 super
 majority.

 Probably, but then choice 1. of the ballot currently under vote
 should have had 3:1 supermajority also, which added to misleading
 wording of the short title compared to the actual content of the
 proposal, cast some serious doubt as to the validity of the vote
 being currently held.

Nope. Choice 1 (I am assuming you mean the gr_firmware's
 release etch despite firmware issues option, though that is not at
 all clear) in no way requires anything that violates the DFSG or the
 social contract, so it does not need the super majority.

manoj
-- 
The man who has never been flogged has never been taught. Menander
Manoj Srivastava [EMAIL PROTECTED] http://www.debian.org/~srivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-12 Thread Kevin B. McCarty
I second the proposal below.  It explicitly takes effect only for Etch,
and it will allow installation on machines requiring tg3 net drivers (of
which I have one).

I believe this is the fourth second, so it only needs one more?

Sven Luther wrote:

  === START OF PROPOSAL ===
 Definition: For the purpose of this resolution, the firmware mentioned below
 designates binary data included in some of the linux kernel drivers, usually 
 as
 hex-encoded variables and whose purpose is to be loaded into a given piece of
 hardware, and be run outside the main memory space of the main processor(s).
 
   1. We affirm that our Priorities are our users and the free software
  community (Social Contract #4);
 
   2. We acknowledge that there is a lot of progress in the kernel firmware
  issue, both upstream and in the debian packaging; however, it is not
  yet finally sorted out.
 
   3. We give priority to the timely release of Etch over sorting every bit 
 out;
  for this reason, we will treat removal of problematic firmware as a
  best-effort process, and in no case add additional problematic material
  to the upstream released kernel tarball.
 
   4. We allow inclusion of such firmware into Debian Etch, even if their 
 license
  does not normally allow modification, as long as we are legally allowed 
 to
  distribute them.
 
   5. We further note that some of these firmware do not have individual 
 license,
  and thus implicitly fall under the generic linux kernel GPL license.
  We will include these firmware in Debian Etch and review them after the
  release. Vendors of such firmware may wish to investigate the licensing
  terms, and make sure the GPL distribution conditions are respected,
  especially with regards to source availability.
 
   6. We will include those firmware into the debian linux kernel package as 
 well
  as the installer components (.udebs) used by the debian-installer.
   END OF PROPOSAL 

-- 
Kevin B. McCarty [EMAIL PROTECTED]   Physics Department
WWW: http://www.princeton.edu/~kmccarty/Princeton University
GPG: public key ID 4F83C751 Princeton, NJ 08544



signature.asc
Description: OpenPGP digital signature


Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-12 Thread Sven Luther
On Thu, Oct 12, 2006 at 10:37:50AM -0700, Kevin B. McCarty wrote:
 I second the proposal below.  It explicitly takes effect only for Etch,
 and it will allow installation on machines requiring tg3 net drivers (of
 which I have one).
 
 I believe this is the fourth second, so it only needs one more?

Indeed, it needs only one more second.

Friendly,

Sven Luther


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-12 Thread Frank Küster
Kevin B. McCarty [EMAIL PROTECTED] wrote:

 I second the proposal below.  It explicitly takes effect only for Etch,
 and it will allow installation on machines requiring tg3 net drivers (of
 which I have one).

 I believe this is the fourth second, so it only needs one more?

Yes, me.  I was confused earlier (I thought that seconding this proposal
would delay the vote on the other ones).  So here's my second:

 Sven Luther wrote:

  === START OF PROPOSAL ===
 Definition: For the purpose of this resolution, the firmware mentioned 
 below
 designates binary data included in some of the linux kernel drivers, usually 
 as
 hex-encoded variables and whose purpose is to be loaded into a given piece of
 hardware, and be run outside the main memory space of the main processor(s).
 
   1. We affirm that our Priorities are our users and the free software
  community (Social Contract #4);
 
   2. We acknowledge that there is a lot of progress in the kernel firmware
  issue, both upstream and in the debian packaging; however, it is not
  yet finally sorted out.
 
   3. We give priority to the timely release of Etch over sorting every bit 
 out;
  for this reason, we will treat removal of problematic firmware as a
  best-effort process, and in no case add additional problematic material
  to the upstream released kernel tarball.
 
   4. We allow inclusion of such firmware into Debian Etch, even if their 
 license
  does not normally allow modification, as long as we are legally allowed 
 to
  distribute them.
 
   5. We further note that some of these firmware do not have individual 
 license,
  and thus implicitly fall under the generic linux kernel GPL license.
  We will include these firmware in Debian Etch and review them after the
  release. Vendors of such firmware may wish to investigate the licensing
  terms, and make sure the GPL distribution conditions are respected,
  especially with regards to source availability.
 
   6. We will include those firmware into the debian linux kernel package as 
 well
  as the installer components (.udebs) used by the debian-installer.
   END OF PROPOSAL 

Yup.  That one.

-- 
Dr. Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX/TeXLive)


pgpl9FF0JEoj8.pgp
Description: PGP signature


Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-11 Thread Frederik Schueler
Hello,

sorry for being late on this, I took a couple of days off from
everything firmware and this got inbetween.

The Proposal worked out by Sven covers the consensual position of the
kernel team, as discussed on the last kernel team meeting. I think this
GR should be voted upon, as it considers all aspects of the issue.

I hope we can vote on this despite the already running GRs, thus

I second the following proposal:

  === START OF PROPOSAL ===
 Definition: For the purpose of this resolution, the firmware mentioned below
 designates binary data included in some of the linux kernel drivers, usually 
 as
 hex-encoded variables and whose purpose is to be loaded into a given piece of
 hardware, and be run outside the main memory space of the main processor(s).
 
   1. We affirm that our Priorities are our users and the free software
  community (Social Contract #4);
 
   2. We acknowledge that there is a lot of progress in the kernel firmware
  issue, both upstream and in the debian packaging; however, it is not
  yet finally sorted out.
 
   3. We give priority to the timely release of Etch over sorting every bit 
 out;
  for this reason, we will treat removal of problematic firmware as a
  best-effort process, and in no case add additional problematic material
  to the upstream released kernel tarball.
 
   4. We allow inclusion of such firmware into Debian Etch, even if their 
 license
  does not normally allow modification, as long as we are legally allowed 
 to
  distribute them.
 
   5. We further note that some of these firmware do not have individual 
 license,
  and thus implicitly fall under the generic linux kernel GPL license.
  We will include these firmware in Debian Etch and review them after the
  release. Vendors of such firmware may wish to investigate the licensing
  terms, and make sure the GPL distribution conditions are respected,
  especially with regards to source availability.
 
   6. We will include those firmware into the debian linux kernel package as 
 well
  as the installer components (.udebs) used by the debian-installer.
   END OF PROPOSAL 


Best regards
Frederik Schueler

-- 
ENOSIG


signature.asc
Description: Digital signature


Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-11 Thread Martin Wuertele
I second the following proposal:

  === START OF PROPOSAL ===
 Definition: For the purpose of this resolution, the firmware mentioned below
 designates binary data included in some of the linux kernel drivers, usually 
 as
 hex-encoded variables and whose purpose is to be loaded into a given piece of
 hardware, and be run outside the main memory space of the main processor(s).
 
   1. We affirm that our Priorities are our users and the free software
  community (Social Contract #4);
 
   2. We acknowledge that there is a lot of progress in the kernel firmware
  issue, both upstream and in the debian packaging; however, it is not
  yet finally sorted out.
 
   3. We give priority to the timely release of Etch over sorting every bit 
 out;
  for this reason, we will treat removal of problematic firmware as a
  best-effort process, and in no case add additional problematic material
  to the upstream released kernel tarball.
 
   4. We allow inclusion of such firmware into Debian Etch, even if their 
 license
  does not normally allow modification, as long as we are legally allowed 
 to
  distribute them.
 
   5. We further note that some of these firmware do not have individual 
 license,
  and thus implicitly fall under the generic linux kernel GPL license.
  We will include these firmware in Debian Etch and review them after the
  release. Vendors of such firmware may wish to investigate the licensing
  terms, and make sure the GPL distribution conditions are respected,
  especially with regards to source availability.
 
   6. We will include those firmware into the debian linux kernel package as 
 well
  as the installer components (.udebs) used by the debian-installer.
   END OF PROPOSAL 

yours Martin
-- 
[EMAIL PROTECTED]  Debian GNU/Linux - The Universal Operation System
Kürzlich hat mein Radio-teleskop auch ein Signal im Raum Salzburg auf
der Frequenz von 99.00 MHz aufgefangen. Referenzmessung in Wien auf der
Frequenz 99.9 MHz und in Graz auf 89.2MHz kamen alle zum selben Schluss:
Es existiert definitiv kein intelligentes Lebenwese an der Senderquelle.
-- lausiv auf futurezone.orf.at


signature.asc
Description: Digital signature


Re: [PROPOSAL] Final consensual proposal for the problematic firmware issue in the linux kernel sources.

2006-10-11 Thread Bastian Blank
I second the following proposal.

  === START OF PROPOSAL ===
 Definition: For the purpose of this resolution, the firmware mentioned below
 designates binary data included in some of the linux kernel drivers, usually 
 as
 hex-encoded variables and whose purpose is to be loaded into a given piece of
 hardware, and be run outside the main memory space of the main processor(s).
 
   1. We affirm that our Priorities are our users and the free software
  community (Social Contract #4);
 
   2. We acknowledge that there is a lot of progress in the kernel firmware
  issue, both upstream and in the debian packaging; however, it is not
  yet finally sorted out.
 
   3. We give priority to the timely release of Etch over sorting every bit 
 out;
  for this reason, we will treat removal of problematic firmware as a
  best-effort process, and in no case add additional problematic material
  to the upstream released kernel tarball.
 
   4. We allow inclusion of such firmware into Debian Etch, even if their 
 license
  does not normally allow modification, as long as we are legally allowed 
 to
  distribute them.
 
   5. We further note that some of these firmware do not have individual 
 license,
  and thus implicitly fall under the generic linux kernel GPL license.
  We will include these firmware in Debian Etch and review them after the
  release. Vendors of such firmware may wish to investigate the licensing
  terms, and make sure the GPL distribution conditions are respected,
  especially with regards to source availability.
 
   6. We will include those firmware into the debian linux kernel package as 
 well
  as the installer components (.udebs) used by the debian-installer.
   END OF PROPOSAL 


signature.asc
Description: Digital signature