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Re: [AMENDMENT]: Release Etch now, with source-less but legal and freely licensed firmware

On 9/28/06, Frank Küster <frank@debian.org> wrote:
Sven Luther <sven.luther@wanadoo.fr> wrote:
>   2) firmware under the GPL, but with missing source. The GPL is free, but
>   the absence of source code for the firmware blobs makes it a violation of
>   the GPL, and thus undistributable.

Here, the upstream license is "GPL", which complies with the DFSG, and
the driver is therefore included if we are "legally allowed to do so".
The GPL *does* grant us the right to distribute binaries without source.
It also requires us to do things we cannot factually do (namely, provide
the source in the same place, or upon request with written offer etc.).
But I understood the phrasing of Manojs proposal that it doesn't matter
whether we can actually fulfill all requirements, as long as we can

You are wrong.
GPLv2[1] section 7 says, among other things "If you cannot distribute
so as to satisfy ... your obligations under this License ... then as a
consequence you may not distribute the Program at all."

And without the source (or a written offer mentioned in section 3) you
can't fullfill the section 3 of GPLv2 and so you can't distribute at

[1] http://www.gnu.org/copyleft/gpl.html

Markus Laire
Disclaimer: IANAL, IANADD

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