Re: Bug#252323: Contains binary-only firmware (from Linux)

[Alfred M. Szmidt]

   Non-surprisingly, since gnumach borrowed drivers from linux it also
   borrowed binary-only firmware, which is non-free under DFSG.

Drawing the conclusion that the firmware is non-free based on the fact
that it is just a binary, is quite silly.  Since it is quite possible
that the binary _is_ the source code (I have written crap in machine
code for MC68HC11 that is longer then that!).

You can only decide if it is non-free based on its license, which is
"missing", I did find some bits of information[0][1], that notes that
some versions of the QLogic ISP (ISP12160, and ISP1240/1080/1280)
firmware are licensed under the following conditions (this is in Linux
2.4.x):

,----
| * Copyright (C) 1999,2000 Qlogic, Corporation
| * All rights reserved.
| *
| * Redistribution and use in source and binary forms are permitted provided
| * that the following conditions are met:
| * 1. Redistribution of source code must retain the above copyright
| *    notice, this list of conditions and the following disclaimer.
| * 2. The name of the author may not be used to endorse or promote products
| *    derived from this software without specific prior written permission
| *
| * THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
| * IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
| * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
| * IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
| * INCIDENTAL, 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 DAMAGE.
`----

Obviously, this doesn't say squat about the license the code in GNU
Mach 1.x is distributed under.


Thomas, you usually know where all weird bits of code come from, any
idea about the license of the QLogic ISP firmware code?

[0]: http://lxr.linux.no/source/drivers/scsi/ql1280_fw.h#L3
[1]: http://lxr.linux.no/source/drivers/scsi/ql12160_fw.h#L4