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Re: [DRAFT] resolving DFSG violations



On Sun, Nov 09, 2008 at 09:25:18AM +0100, Michelle Konzack wrote:
> So the only option for "Ben" ist, to send the corrected source  back  to
> the manufacturer and ask him to test and relicense it...
> 
> The problem is, that certifying cost up to 40.000 Euro and re-certifying
> arround 10-15.000 Euro.  So after  ONE  bugfix,  no  manufacturer  would
> recertify the software.  IF the hardware is not sold at least 50-100.000
> times where arround 30-80¢ are calculated for software updates over  the
> first 2 years after first hardware sell.

IANAL, IANADDY.

And what if "Ben" himself or another party, let's say, "Cascardo", wants
to pay that to recertify the original hardware + fixed software or a new
designed hardware or even an existing but different hardware with the
fixed software?

As pointed out in another thread, would it really be illegal to
distribute said software if Debian does not distribute the hardware it
would run on? No one said it is illegal (and I am not pointing it out
that it is legal).

But I wouldn't deny that freedom for software that runs on my cell
phone, my wireless network card, my video card has the same benefits
that software that runs on my computer laptop, computer desktop or
computer server. What makes them so different, anyway?

If that's because it could hurt people, that's why we have laws and
certification process. Nothing is currently preventing somebody to use
Debian on an airplane, a medical facility or whatever. That's why DFSG#6
exists.

So, if the copyright license of said "firmware" is DFSG-compliant and it
is legal to distribute it in wherever jurisdiction ftpmaster is working,
I can't see a problem in distributing it, even if it was "worthless" for
"most" people (which I don't think it would be).

> 2 years is the normal European Waranty for NEW bought hardware.
> 
> This is WHY most cell-phones get not a singel software update (no mather
> which manufacturer as Nokia, Ericsson, Sony, Siemans/BenQ, LG, ...)
> 
> Thanks, Greetings and nice Day/Evening
>     Michelle Konzack

Regards,
Cascardo.

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