[GNU-linux-libre] Non-free file in open-ath9k-htc-firmware

[Patrick 'P. J.' McDermott]

While reviewing the copyright and license notices of the
open-ath9k-htc-firmware package for ProteanOS, I noticed that the
target_firmware/wlan/ah_osdep.h has the following header:

    /*-
     * Copyright (c) 2002-2004 Sam Leffler, Errno Consulting, Atheros
     * Communications, Inc.  All rights reserved.
     *
     * Redistribution and use in source and binary forms are permitted
     * provided that the following conditions are met:
     * 1. The materials contained herein are unmodified and are used
     *    unmodified.
     * 2. Redistributions of source code must retain the above copyright
     *    notice, this list of conditions and the following NO
     *    ''WARRANTY'' disclaimer below (''Disclaimer''), without
     *    modification.
     * 3. Redistributions in binary form must reproduce at minimum a
     *    disclaimer similar to the Disclaimer below and any redistribution
     *    must be conditioned upon including a substantially similar
     *    Disclaimer requirement for further binary redistribution.
     * 4. Neither the names of the above-listed copyright holders nor the
     *    names of any contributors may be used to endorse or promote
     *    product derived from this software without specific prior written
     *    permission.
     *
     * NO WARRANTY
     * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
     * ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
     * LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
     * MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
     * IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE
     * FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
     * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
     * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
     * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
     * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
     * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
     * SUCH DAMAGES.
     *
     * $Id: 
//depot/sw/branches/fusion_usb/target_firmware/wlan/target/hal/main/linux/ah_osdep.h#1
 $
     */

This license text is also listed in NOTICE.TXT.

Condition 1 prohibits modifications and thus makes the file non-free.

This file [1] apparently comes from the old Atheros HAL [2] Linux and
FreeBSD kernel module shim [3].  And, despite the license, it has been
modified by a community member [4] and presumably by Atheros before the
initial firmware source release [5].

I've sent a message to upstream's mailing list about this, but it's
currently pending moderator approval.  I imagine we'll need to try to
reach Sam Leffler about relicensing or to replace this code somehow.

[1]: 
https://github.com/qca/open-ath9k-htc-firmware/blob/master/target_firmware/wlan/ah_osdep.h
[2]: https://madwifi-project.org/wiki/About/HAL
[3]: https://madwifi-project.org/browser/trunk/hal/linux/ah_osdep.h?rev=1722
[4]: 
https://github.com/qca/open-ath9k-htc-firmware/commits/master/target_firmware/wlan/ah_osdep.h
[5]: 
https://github.com/qca/open-ath9k-htc-firmware/blob/8804cc9/target_firmware/wlan/ah_osdep.h

-- 
Patrick "P. J." McDermott
  http://www.pehjota.net/
Lead Developer, ProteanOS
  http://www.proteanos.com/