Re: Microcode license [#3]

[Giacomo Catenazzi <cate@math.ethz.ch>]

Anthony Towns wrote:
> 
> On Fri, Jun 01, 2001 at 11:41:26AM +0200, Giacomo Catenazzi wrote:
> > Anthony Towns wrote:
> > > On Thu, May 31, 2001 at 10:13:22AM +0200, Giacomo Catenazzi wrote:
> > > > The license (for non-FREE section):
> > > > /       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.
> > > If so, it doesn't appear to give us permission to distribute it, simply
> > > to use it. Which would mean we can't distribute it.
> > The sentence:
> > "These microcode updates are distributed for the sole purpose of"
> > don't mean "You can distribute the microcode with the conditions:" ?
> 
> Not really. It just means it's distributed by someone. Intel is someone.
> So it doesn't say anything about whether Debian can or should or is
> distributing it.
> 
> > Only on last sentence they restrict the use.
> 
> Modificating and redistribution aren't allowed unless explicitly permitted.
> 

hmm.
Ok. Now I see the problem.
IMHO the passive sentence (microcode are distributed) means
implicitly that anybody could distribute microcode, provided that
they follow the subsequent conditions.
But I noticed that GPL developers follow the law in a too strict manner
(and IMHO this is wrong towards the principles of the Law).
The evidence is: Intel changed the license to allow us to
distribute the microcode. It seem strange that with this changes
yet nobody can distribute it without a further permition.
And a further permition will cancel the first lines of license (
particular (the further permition) vs general permision (the license))


OTOH in the last mail Intel sent to me:

> Hi Giacomo,
> 
> Here is a new microcode update data file.  You should use it to replace the
> previous microcode.dat file for your distribution.  I have
> sent the same file to Tigran as well.
> 
> Regards,
> Richard
> 
> Richard.Schaal.intel.com                  Intel Corporation
> Ph: (408)765-1579                         Richard Schaal
>                                           Mail Stop SC12-308
>                                           3600 Juliette Lane
> "I can type faster than I think!"         Santa Clara, CA 95052

This means that we ('your distribution') have the permitionto distribute
('replace') the microcode. Right?
Thus can I put microcode in non-free, putting in debian/copyright
the Intel license and this Intel's email?


	giacomo