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



Matthew Wilcox wrote:
> On Mon, Jun 14, 2004 at 12:57:15PM -0400, Nathanael Nerode wrote:
> 
>>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 * as an unpublished work.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.
> 
> I would think you would be better off asking on debian-legal rather than
> here.  My non-lawyerly opinion is that since it's factually incorrect
> (it has been published, it is not a trade secret), these are probably
> incompetent people who couldn't organise a piss-up in a brewery, let
> alone a lawsuit.

Nevertheless, unless there is an active effort going on to contact the
copyright holder and get it changed, the files in question should be
removed ASAP.

- Josh Triplett



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