Re: Fwd: Copyright infringement in linux/drivers/usb/serial/keyspan*fw.h

Matthew Jacob (mjacob@feral.com)
Thu, 24 May 2001 23:26:20 -0700 (PDT)


Sure- that's not BSD. You were speaking about all kinds of firmware, at least
I thought you were. Must be too short on sleep.

On Thu, 24 May 2001, Aaron Lehmann wrote:

> On Thu, May 24, 2001 at 10:00:15PM -0700, Matthew Jacob wrote:
> >
> > It is my opinion, such as it is, that a BSD copyright inside of a GPL package
> > does not, per se, weaken the GPL. The BSD copyright is, in fact, the more
> > permissive license. My reading of both licenses would have me believe that a
> > BSD licensed piece of software cannot then permit the linux kernel to be
> > binary only. The BSD licencse does not, per se, prohibit any form of binary
> > redistribution- nor does it require it. The GPL covers the whole kernel, and
> > if a BSD piece of code is directly linked in (not modloaded), it would have to
> > also be under GPL.
> >
> > So pieces of linux-kernel which have BSD copyright are probably just fine.
>
> /* keyspan_usa18x_fw.h
>
> Generated from Keyspan firmware image Wed Jul 5 09:18:29 2000 EST
> This firmware is for the Keyspan USA-18X Serial Adaptor
>
> "The firmware contained herein as keyspan_usa18x_fw.h is
> Copyright (C) 1999-2000 Keyspan, A division of InnoSys Incorporated
> ("Keyspan"), as an unpublished work. This notice does not imply
> unrestricted or public access to this firmware which is a trade secret of
> Keyspan, and which may not be reproduced, used, sold or transferred to any
> third party without Keyspan's prior written consent. All Rights Reserved.
>
> This firmware may not be modified and may only be used with the Keyspan
> ^^^^^^^^^^^^^^^^^^^
> USA-18X Serial Adapter. Distribution and/or Modification of the
> keyspan.c driver which includes this firmware, in whole or in part,
> requires the inclusion of this statement."
>
> That doesn't look like the BSD license to me.
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