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Bug#502668: WhiteHEAT driver and firmware distribution for Linux



Hi Ben,
We would be most pleased to clarify license as suggested below. Where do you suggest we place the text captioned below?
Regards, david


----- Original Message ----- From: "Ben Hutchings" <benh@debian.org>
To: <support@connecttech.com>
Cc: <502668@bugs.debian.org>
Sent: Monday, October 20, 2008 8:40 PM
Subject: WhiteHEAT driver and firmware distribution for Linux


I am writing as a member of the Debian project, which distributes a
version of Linux.  The project is attempting to resolve the licencing of
firmware used with Linux.  The following may require attention by your
legal department.

Linux includes a driver and firmware for WhiteHEAT which are listed as
copyright of ConnectTech Inc and licenced under the GNU General Public
Licence (GPL).  Thank you for supporting Linux and free software.

Unfortunately, applying the GPL to the firmware is problematic, because
you distribute it in binary (or equivalent) form, and not the source
code that your programmers used to create it.  The GPL states that
anyone redistributing a work that it covers must also offer to
distribute the source code.  This means that strictly speaking no-one
outside ConnectTech Inc is allowed to distribute the firmware, which I
assume was not your intent.

Please can you clarify the licence for the firmware, and preferably
issue a new licence that clearly allows Debian and others to distribute
the firmware.  Other hardware vendors have used text such as:

   Permission is hereby granted for the distribution of this firmware
   data in hexadecimal or equivalent format, provided this copyright
   notice is accompanying it.

or:

Redistribution and use in source and binary forms are permitted provided
   that the following conditions are met:
   1. Redistribution of source code must retain the above copyright
      notice, this list of conditions and the following disclaimer.
   2. Redistribution in binary form must reproduce the above copyright
      notice, this list of conditions and the following disclaimer in
      the documentation and/or other materials provided with the
      distribution.
   3. The name of the author may not be used to endorse or promote
      products derived from this software without specific prior written
      permission.

Ben.

--
Ben Hutchings




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