Fedora Freedom and linux-libre

[jeff]

Horst H. von Brand wrote:
> jeff <moe at blagblagblag.org> wrote:
>> Anders Karlsson wrote:
>>> * jeff <moe at blagblagblag.org> [20080618 17:50]:
>>> [snip]
>>>> ...  more pages of hex
> 
>>>> I personally downloaded this file believing that I was getting a
>>>> free GPL driver. Broadcom says so in the patch itself, in the
>>>> included LICENSE file, and their website when you click to download
>>>> it. Red Hat is shipping it as GPLv2. So either they have to provide
>>>> the source (if they have it), stop shipping it, or *at least* stop
>>>> saying they are shipping a GPLv2 kernel if they are
>>>> unwilling/unable to provide the source.
>>> You missed the discussion where it was pointed out that some firmware
>>> is written in hex directly, as there is no compiler. Good luck with
>>> demanding the source to that dude...
> 
>>   ---->   "Derived from proprietary unpublished source code"  <----
>>
>>
>>
>> linux-2.6.25/drivers/net/tg3.c:
>>
>> /*
>>  * tg3.c: Broadcom Tigon3 ethernet driver.
>>  *
>>  * Copyright (C) 2001, 2002, 2003, 2004 David S. Miller (davem at redhat.com)
>>  * Copyright (C) 2001, 2002, 2003 Jeff Garzik (jgarzik at pobox.com)
>>  * Copyright (C) 2004 Sun Microsystems Inc.
>>  * Copyright (C) 2005-2007 Broadcom Corporation.
>>  *
>>  * 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  *      Derived from proprietary unpublished source code,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.
>>  */
>>
>>
>>
>> tg3.c is the example I have been using all along.
> 
> The above note clearly indicates the firmware is to be considered a
> separate piece, that just so happens is written as data inside this C file.

A separate piece which was itself distributed under the GPL (or at least 
firmware of the same family--broadcom ethernet):

/******************************************************************************/
/*                                                                            */
/* Broadcom BCM5700 Linux Network Driver, Copyright (c) 2000 - 2003 Broadcom  */
/* Corporation.                                                               */
/* All rights reserved.                                                       */
/*                                                                            */
/* This program is free software; you can redistribute it and/or modify       */
/* it under the terms of the GNU General Public License as published by       */
/* the Free Software Foundation, located in the file LICENSE.                 */
/*                                                                            */
/* (c) COPYRIGHT 2001-2004 Broadcom Corporation, ALL RIGHTS RESERVED.         */
/*                                                                            */
/*  Name: F W _ L S O 0 5. H                                                  */
/*  Author : Kevin Tran                                                       */
/*  Version: 1.2                                                              */
/*                                                                            */
/* Module Description:  This file contains firmware binary code of TCP        */
/* Segmentation firmware (BCM5705).                                           */
/*                                                                            */
/* History:                                                                   */
/*    08/10/02 Kevin Tran       Incarnation.                                  */
/*    02/02/04 Kevin Tran       Added Support for BCM5788.                    */
/******************************************************************************/

[tons of hex]

This *only* includes the firmware in hex. So what license is this under? GPL,no?

Linus (or the copyright holder) can't just say "oh cpu.c isn't GPL, it's 
actually $foolicense" and change the old copies of the file that were 
distributed for a decade or whatever. I don't see why broadcom / Red Hat can.

>> Of course actually getting Red Hat or Broadcom to turn it over
>> wouldn't be easy. Broadcom has some legal issues of their own right
>> now, heh.
> 
> None at all.

(I was referring to their old CEO being charges with umpteen criminal acts 
related to stocks and putting extasy (drugs) in customers/suppliers drinks....)

> Broadcom is explicitly allowing distribution of the firmware
> in hex. In any case, it is their stuff, they can do as they please with it.

Broadcom was explicitly allowing distribution of the firmware under the GPL 
too--but for someone to actually comply with that, they would have to provide 
the source code.

> Red Hat never had the source. If you sue them for it, they will tell you
> they have Broadcom's permission to distribute it (only) as stated above.

Well, Red Hat added it to the Linux kernel before the "Derived from Proprietary 
Sources" line was added. How do you know Red Hat doesn't have or never had the 
source to it? I don't think they have it, but I've never seen them say they didn't.

-Jeff

P.S. No reason to CC me as I'm on the list.