Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free firmware

[Adrian Bunk <bunk@fs.tum.de>]

On Fri, Mar 26, 2004 at 03:40:40PM +0100, Eduard Bloch wrote:
> Moin Adrian!
> Adrian Bunk schrieb am Freitag, den 26. März 2004:
> 
> > > You miss the point again (deliberate?). I say that IFF NVidia ships their
> > > drivers with DSFG-compatible source for all precompiled object files
> > > that are parts of the code running in the HOST system kernel, YES. But
> > 
> > We are not talking about cases where the source is available.
> 
> STOP. What is the source? Please define a term before using it.

The GPL says:
  The source code for a work means the preferred form of the work for
  making modifications to it.  For an executable work, complete source
  code means all the source code for all modules it contains, plus any
  associated interface definition files, plus the scripts used to
  control compilation and installation of the executable.  However, as a
  special exception, the source code distributed need not include
  anything that is normally distributed (in either source or binary
  form) with the major components (compiler, kernel, and so on) of the
  operating system on which the executable runs, unless that component
  itself accompanies the executable.

I doubt a binary image of some firmware meets this requirement.

> > > that is not what we are talking about; this thread is about firmware
> > > blobs running inside of the target hardware, never touched during the
> > > software development. They are not MODIFIED to change the code running
> > > within the GPL space (kernel) so there is no need to distribute any
> > > pre-form of the binary blob.
> > 
> > Let me try to make another example to help my understanding:
> > 
> > A GFDL info file is considered to be non-free.
> 
> We do not talk about GFDL, it is a completely different issue (again).

I was trying to get an answer to the following question:

If a binary says to be shipped under the terms of the GPL but comes
without source, is this suitable for main?

IANAL, but IMHO this isn't a possible legal constellation.


And again:

I get the point that it might be needed to make an exception for 
firmware.

I still don't get the point why it is OK to say "this file is covered by 
the GPL" when all it contains is compiled binary code.




> Regards,
> Eduard.

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed