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Re: qlogic firmware license

On Fri, 08 Jul 2005 12:01:14 -0400 Andres Salomon wrote:

> On Fri, 08 Jul 2005 01:59:25 +0200, Francesco Poli wrote:
> > First of all, it's the "GNU General Public License", otherwise
> > they're referring to a non-existent license...  ;-)
> > 
> Yea, someone else caught that as well; I emailed them about it.

Good. Keep us informed about their response...

> > Then a question: this looks like dual licensing the work under
> > GPLv2 / 3-clause-BSD.
> > Why not just a 3-clause BSD license?
> > It's simple, DFGS-free and GPL-compatible. Adding an optional GPL
> > seems to be a no-op...
> > 
> It still won't be DFSG-free, since the source code is not available.

Then, adding an optional GPL seems to be a no-op, even more than before:
I cannot choose to redistribute and/or modify the program under the
terms of the GNU GPL, since I do not have any source to distribute.

> I suspect they went with a modified 3-clause BSD because their lawyers
> wanted additional protection.

Modifications seem to be located in the disclaimer only (if I see
I don't know if they are actually effective in giving QLogic Corp more

> The reason for the dual licensing is because they have OEMs that would
> need to re-qualify (that may be the incorrect wording, I forget what
> they said, and it was a phone conversation so it's not in an inbox
> anywhere) the driver if the license changes.  That's a pain for
> everyone involved, and would take several months.  So, by
> dual-licensing, the OEMs can continue using the driver and firmware
> under the GPL (invalid or not),

and thus violating QLogic copyright?

> while we (Debian) can choose to use it
> under a BSD-alike license.

Well, with a BSDish license, we have permission to distribute, yes, so
we can put this package in non-free.
We cannot go beyond that, though: main and contrib are off-limits for a
sourceless package.

But that is surely clear to you...

> > Finally, what are we talking about?  ;-) Is this the license for the
> > driver?
> > Or rather for the firmware?
> > Or for both?
> I'm hoping for both.  I've asked them to change it to explicitly
> mention that the license refers to the firmware as well.

OK, keep us informed about these developments, as well.

Thanks!  :)

    :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
  Francesco Poli                             GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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