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



On Fri, Mar 26, 2004 at 03:21:31PM -0500, Nathanael Nerode wrote:
> Chris Cheney wrote:
> 
> > On Thu, Mar 25, 2004 at 07:41:07PM -0600, Chris Cheney wrote:
> >> On Fri, Mar 26, 2004 at 12:01:14AM +0000, Andrew Suffield wrote:
> >> -snip-
> >> > Sophistry. It's clearly the form you "preferred" when you were writing
> >> > it. The GPL does not require that programs be well-written, it merely
> >> > requires a level playing field.
> >> 
> >> So binary firmware is ok as long as it was not the vendor that wrote
> >> the driver? Wow isn't that ingenious. :P
> > 
> > Actually a reverse engineered driver with blobs in it is probably
> Was it reverse-engineered using a "Chinese Wall" system, under which the
> people writing the driver *never saw* the proprietary driver?  :-)  If so,
> you're OK.  Otherwise.....

It was done via usb sniffing, not sure if that qualifies or not. No
decompilation of the driver itself was done by me (others may have
later).

> > illegal since it is reproducing copyrighted code, I forgot to mention
> > that earlier. :)
> Yes, if the blobs are
> (1) large and creative enough to be copyrightable
> (2) not covered under 'fair use'
> 
> > BTW - I know of at least one other driver in the linux kernels like
> > that, the one I wrote: kernel/drivers/usb/media/vicam.ko
> If you actually extracted those setup4[] bytes from a proprietary binary
> driver, then the vicam.c driver is probably completely undistributable,
> yes.  :-P

Regardless of where the blob came from it still wouldn't be the
preferred form, correct? ;)

Chris

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