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Microcode license [#3]



Hello!

Excuse me to disturb you again, but the microcode license
issue is
not yet resolved: elmo did not upload the microcode, because
he
found some problem, but in my talks with other people seems
that
there are not such problems. Thus I need some more comments.

[Some history:
 In october [first thread] I send you the first Intel
microcode license.
 There was some problem about mirroring, that I told Intel
about
 such problems (mainly about the need of linux distribution to
use
 without control external mirrors) and they improved the
 license. [january, second thread]
 Intel still send to me the microcode updates.
]
 

The license (for non-FREE section):

/       Copyright  Intel Corporation, 1995, 96, 97, 98, 99,
2000, 2001. 
/       
/       These microcode updates are distributed for the sole
purpose of 
/       installation in the BIOS or Operating System of
computer systems
/       which include a Genuine Intel microprocessor sold or
distributed
/       to or by you. You are not authorized to use this
material for
/       any other purpose.  


Quoting my debian/copyright file:
> Some rewriting of license:
> 
> >  These microcode updates are distributed for the sole purpose of 
> >  installation in (...) Operating System of computer systems
> >  which include a Genuine Intel microprocessor
> 
> Gnu/Linux is an "Operation System" which support "Genuine Intel"
> microprocessors. (And Intel helped on microcode driver on Linux kernel).
> 

Elmo saw a problem with the "include": we should support and
include the
Intel CPU. (IMHO (but I speak a bad English), the subject of
"include"
is "computer system" and not "OS").

> >  [sold or] distributed to or by you.
> 
> we (Debian) distribute such "Operation System"
> 
> >  You are not authorized to use this material for any other purpose.
> 
> We have no problem with use restrictions. (as all GPL programs)

Elmo didn't agree to this sentence but GPL:
:Title: "TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION"
:0. (...) "Activities other than copying, distribution and
modification
:are not covered by this License; they are outside its scope"

> 
> From the above, IMHO we can distribute the microcode
> (and there are no restriction on where, how to distribute it, also
> we can distribute in any debian mirror).

Elmo saw another problem:
He don't see that we have permission to distribute the
microcode in f.d.o
and any mirrors.
IMHO (but remember my bad English), the first sentence tell us
that we
can freely distribute it (but with the condition in the other
part of
license). It is not so clear, but it is the legal-ese.


In the last part of debian/copyright I copied the mail I
received from
intel:
> Greetings,
> 
> Enclosed is the new release of microcode for the IA-32 processors.  This
> data file should replace the previous version.  
> 
> Things to note:
> 
>         1.      We have re-worded the copyright notice to a form that we
> believe will address Giacomo's concerns.  
>         2.      This file contains microcode for the Pentium4 processors as
> well as for the Pentium!!! .

Unfortunately they didn't write to much about the copyright
changes,
and I think I lost my original mail I've sent to Intel.


Now the questions:

1) Do this license allow us and the mirrors to distribute the
microcode?
2) Can I put it in non-free section?

Less important question:
3) Intel calls microcode "data file" (see the email from
Intel).
   Thus no software, no restriction in GPL and DFSG (like
strictly copyright
   for distribute a license) (and microcode is similar: you
can distribute,
   but not modify).
   Thus we can use the "mere aggregation" and put it together
the
   microcode loader into the main section ?
  

	giacomo


PS: I need also positive comments (if they exists), to put
(as link) in the next try to upload microcode.
(I have received just today the new version of microcode)



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