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



On Fri, 26 Mar 2004, Eduard Bloch wrote:
> There is a difference between
> 
>  a) firmware chunks under the GPL
> 
> The first ones are okay, the situation is not different than PNG
> images distributed with GPL packages.


They are actually both problematic, especially when someone turns
around and redistributes a work containing such pieces and a reciever
demands source.

In the case of firmware chunks, if what you have isn't the prefered
form for modification, then you can't (in general) turn around and
redistribute the work under the GPL.

In the case of PNG files, if what you have isn't the prefered form for
modification, then you can't redistribute that either.[1]

In both of these cases it's important that upstream make available the
prefered form for modification, whatever that is. 

For example, I see no problem with PNG files being distributed in the
source tarball alongside the SVG or PS or whatever files were used to
generate the artwork in the first place. If an upstream is not doing
that, the upstream has problems, and is causing them for anyone who is
downstream and trying to redistribute a work.[2]


Don Armstrong

1: I can see an argument being made that a PNG file is much closer to
the prefered form for modification than machine code and/or might
actually be the prefered form for modification. That's fine, but it
doesn't mean that we shouldn't be strongly requesting that upstreams
distribute the prefered form for modification.
2: Please don't go out and file RC bugs for this, though. If you
identify a case like this, work with upstream to make the source
available.
-- 
Never underestimate the power of human stupidity.     
 -- Robert Heinlein

http://www.donarmstrong.com
http://rzlab.ucr.edu

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