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Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

Francesco Poli writes:

> What makes you think that every and each copyright holder acted in good
> faith when started to distribute firmware under the terms of the GNU GPL
> v2, while keeping the source code secret?
> Some copyright holder could be deliberately preparing a trap, in order
> to be able to sue at whim, whenever he decides he wants to.

If the prospective plaintiff is the person who submitted opaque or
object code, the relevant affirmative defense here is called estoppel.
Pick your favorite form of estoppel -- several apply.

Other copyright holders could sue with at least a colorable position,
but not the one who added the sourceless code in the first place.

Michael Poole

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