Plan for tomorrows (20080522) FESCO meeting

[Toshio Kuratomi]

Alexandre Oliva wrote:
> On May 21, 2008, Toshio Kuratomi <a.badger at gmail.com> wrote:

>> There's free software as in legally licensed for us to use distribute
>> and modify and there's free software as in four freedoms free.  Unless
>> I've missed something, the firmware in the kernel is licensed under
>> the GPLv2 and therefore it is legally licensed for us to use,
>> distribute, and modify.
> 
> I'm sorry to be the bearer of bad news, but you did indeed miss
> something.
> 
> Have a look at the license for drivers/net/tokenring/3c359_microcode.h
> 
> 2 /*
> 3 * The firmware this driver downloads into the tokenring card is a
> 4 * separate program and is not GPL'd source code, even though the Linux
> 5 * side driver and the routine that loads this data into the card are.
> 6 *
> 7 * This firmware is licensed to you strictly for use in conjunction
> 8 * with the use of 3Com 3C359 TokenRing adapters. There is no
> 9 * waranty expressed or implied about its fitness for any purpose.
> 10 */ 
> 
> This is just one out of some 30 examples of such licenses in the
> kernel.  And, heck, this one doesn't even grant permission for
> redistribution.  What are those Linux-no-libre guys thinking?
> 
Thanks!  The Packaging Committee and kernel maintainers will have to 
look into what's going on here.  Although that doesn't address your 
larger issue of binary firmware.

-Toshio