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Bug 446644

Summary: >=sys-firmware/ivtv-firmware-20080701 should probably not be mirror-restricted
Product: Gentoo Linux Reporter: Maxim Kammerer <mk>
Component: New packagesAssignee: Doug Goldstein <cardoe>
Status: RESOLVED FIXED    
Severity: normal CC: mythtv+disabled
Priority: Normal    
Version: unspecified   
Hardware: All   
OS: Linux   
See Also: http://bugs.debian.org/411617
Whiteboard:
Package list:
Runtime testing required: ---

Description Maxim Kammerer 2012-12-09 18:53:28 UTC
Fromm the license (Hauppauge-Firmware):

(ii) copy and distribute the
Firmware to your end-users, but only under a license agreement with
terms at least as restrictive as those contained in Hauppauge's
END-USER FIRMWARE LICENSE AGREEMENT

If you are not the final manufacturer or vendor of a computer system
or firmware program incorporating the Firmware, then you may transfer
a copy of the Firmware, including any related documentation (modified
or unmodified) to your recipient for use in accordance with the terms
of this Agreement, provided such recipient agrees to be fully bound by
the terms hereof. You shall not otherwise assign, sublicense, lease,
or in any other way transfer or disclose Firmware to any third
party. You may not, nor may you assist any other person or entity to
modify, translate, convert to another programming language, decompile,
reverse engineer, or disassemble any portion of the Firmware or
otherwise attempt to derive source code from any object code modules
of the Firmware or any internal data files generated by the
Firmware. Your rights to redistribute the Firmware shall be contingent
upon your installation of this Agreement in its entirety in the same
directory as the Firmware.

E.g., Debian redistributes the package from its servers:
http://packages.debian.org/sid/all/firmware-ivtv/download

And linux-firmware supplies some of the files in the package (v4l-cx25840.fw).
Comment 1 Richard Freeman gentoo-dev 2012-12-10 01:03:54 UTC
Some potential sticky points:

"If you are not the final manufacturer or vendor of a computer system
or firmware program incorporating the Firmware" - are we?  And if so, does that mean there is no license?  The wording isn't really clear - the previous paragraph just grants a license "subject to the terms of this Agreement" without that qualification, but then the next paragraph adds it.

"recipient for use in accordance with the terms
of this Agreement, provided such recipient agrees to be fully bound by
the terms hereof."  I don't believe we document that those we distribute files to agree to be fully bound by the terms of this agreement.  The mirrors are publicly accessible websites - anybody can just download files off of them.

"Your rights to redistribute the Firmware shall be contingent
upon your installation of this Agreement in its entirety in the same
directory as the Firmware."  The text of this agreement is not installed in the same directory as the Firmware, either on the mirrors, or on the final end-user system.

If somebody can point to discussion on debian-legal/etc that touches on these points, I'd be interested.
Comment 2 Maxim Kammerer 2012-12-10 12:04:48 UTC
This is the only discussion I have found:
http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=411617

Seem that they didn't analyze the redistribution issue in depth.
Comment 3 Samuli Suominen gentoo-dev 2013-03-16 13:34:20 UTC
It's no longer restricted in tree:

  11 Feb 2013; Doug Goldstein <cardoe@gentoo.org>
  ivtv-firmware-20080701.ebuild:
  Remove RESTRICT=mirror, upstream is no longer around.

  11 Feb 2013; Doug Goldstein <cardoe@gentoo.org> ivtv-firmware-20080701.ebuild:
  Switch to Gentoo mirrors for SRC_URI since upstream's site is gone