Re: kernel-libre (hopefully 100% Free) for Fedora 8 and rawhide

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David Woodhouse wrote:

Not everyone agrees with your interpretation of the GPL, and plenty of
people are happy to distribute binary blobs.

Just for the record -- this is the licence you speak of 'interpreting':

	These requirements apply to the modified work as a whole.  If
	identifiable sections of that work are NOT DERIVED from the
 	Program, and can be reasonably considered INDEPENDENT AND
	SEPARATE WORKS in themselves, then this License, and its terms,
	do not apply to those sections WHEN YOU DISTRIBUTE THEM AS
	SEPARATE WORKS.

	But when you distribute the SAME SECTIONS AS PART OF A WHOLE
	which is a work based on the Program, the DISTRIBUTION OF THE
	WHOLE MUST BE ON THE TERMS OF THIS LICENSE, whose permissions
	for other licensees extend to the ENTIRE WHOLE, and thus to
EACH AND EVERY PART REGARDLESS OF WHO WROTE IT.
	Thus, it is not the intent of this section to claim rights or
	contest your rights to work written entirely by you; rather, the
	intent is to exercise the right to control the distribution of
derivative OR COLLECTIVE WORKS based on the Program.
Personally, I can't find even a _wilful_ misinterpretation which permits
non-GPL'd firmware blobs to be included in the kernel itself, without
being completely crazy about it. But maybe that's just me.

Do you think the firmware provided by some other vendor is somehow derived from or based on portion of the GPL'd kernel?

Do you think it is part of the kernel-as-a-whole when it loads/runs completely separately on some other component? I don't see how you can have any interpretation other than it being an unrelated chunk that is conveniently aggregated with a loader to make a piece of hardware behave better. If you really believe firmware is a derivative of the kernel you wouldn't be able to run linux on anything with firmware in ROM either. Loading it as the kernel loads doesn't make it any more or less a part of the kernel work-as-a-whole.

--
  Les Mikesell
   lesmikesell@xxxxxxxxx

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