Re: Re: License requirements for DSP binaries?

[Nathanael Nerode <neroden@twcny.rr.com>]

Glenn Maynard wrote:
> On Mon, Sep 22, 2003 at 08:47:26AM +0200, Thomas Hood wrote:
> > IBM distributes the Linux driver and the binaries in a tarball that
> > it says is licensed under the GPL.
> >      http://oss.software.ibm.com/acpmodem/
> > No source code is provided for the DSP binaries.  (N.B., past
> > discussions of this issue have reached the conclusion that such
> > software can nevertheless be distributed in main.)
>
> If it's licensed under the GPL, and no source is provided, then it can
> not be distributed at all, not even in non-free, unless there never was
> source to begin with.  (I assume this isn't the case, as you said "no
> source code is provided", not "no source code exists".)

We should allow it if source code once existed but no longer exists (all 
the copies of the source code were wiped accidentally at some time in 
the past).  (This has happened with old games and firmware fairly often, 
and the conclusion has been that the binary is now the only meaningful 
'source', because it's the preferred form for modification, out of those 
forms which exist.)

But if IBM *has* any source code for this, it should be distributing it. 
 Someone who cares about the driver should contact IBM about this.