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Bug#242895: drivers/usb/emi26_fw.h has a non-free license

On Fri, 09 Apr 2004, Bill Allombert wrote:
> The file drivers/usb/emi26_fw.h carry the license below:
> /*
>  * This firmware is for the Emagic EMI 2|6 Audio Interface
>  *
>  * 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  * as an unpublished work.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 firmware may not be modified and may only be used with the
>  * Emagic EMI 2|6 Audio Interface. Distribution and/or Modification of
>  * any driver which includes this firmware, in whole or in part,
>  * requires the inclusion of this statement.
>  */

Oh good grief. How in the world did this file get into the kernel
source in the first place?[1]

The first have of it quite clearly restricts distribution without
Emagic's written consent, which we (and the ftp.kernel.org) almost
certainly don't have.

Unless Emagic really has released this file under a different license,
and this is just a remenant, this file should be jettisoned from our
kernel source, and probably from upstream as well.

[Herbert: Do you know if this particular instance has been discussed
on lkml? Does Debian need to (or should I?) get involved with helping
Linus et al. sort out these issues?]

Don Armstrong

1: While I hate to bring up SCO, if stuff like this has snuck in,
that's mighty disturbing in the context of copyright works without a
clear license statement like this one.
Never underestimate the power of human stupidity.     
 -- Robert Heinlein


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