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How long is it acceptable to leave *undistributable* files in the kernel package?



Such inclusion exposes Debian to legal liability, right?

I ask because such a file is present in Debian's Linux kernel sources and
there seems to have been no attempt to remove it, despite the upload of
new versions since the bug report.

drivers/usb/misc/emi26_fw.h:

 * The firmware contained herein is Copyright (c) 1999-2002 Emagic
 * as an unpublished work. This notice does not imply unrestricted
 * or public access to this firmware which is a trade secret of Emagic,
 * and which may not be reproduced, used, sold or transferred to
 * any third party without Emagic's written consent. All Rights Reserved.

This is the subject of bug #242895, which was (incorrectly) merged with
other bugs.

(There are a large number of other "firmware" files with no explicit license
from the copyright holder at all, which *also* means, under copyright law,
no permission to distribute.  This is the most extreme case because it
explicitly states that there is no permission to distribute.  :-P )

Forget, for now, the issues of DFSG-freenesss and GPL-compatibility.  Is
it sane for Debian to be distributing copyrighted code without permission,
even if kernel.org does?

I request that the people planning to take over kernel maintenance comment
ASAP on their plans regarding this issue, and what sort of help would be
appreciated.

-- 
There are none so blind as those who will not see.



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