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Bug 445952 - media-tv/linuxtv-dvb-firmware: wrong use of "as-is" license
Summary: media-tv/linuxtv-dvb-firmware: wrong use of "as-is" license
Status: RESOLVED WORKSFORME
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: New packages (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Television related Applications in Gentoo's Portage
URL:
Whiteboard:
Keywords:
Depends on:
Blocks: as-is-license
  Show dependency tree
 
Reported: 2012-12-04 16:27 UTC by Ulrich Müller
Modified: 2014-05-01 12:58 UTC (History)
1 user (show)

See Also:
Package list:
Runtime testing required: ---


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Description Ulrich Müller gentoo-dev 2012-12-04 16:27:52 UTC
This is definitely no free software (it's even mirror restricted), so it shouldn't be labelled as such. LICENSE="as-is" is not correct.
Comment 1 Joerg Bornkessel (RETIRED) gentoo-dev 2013-06-23 18:38:26 UTC
the downloadable firmware comes with diffrent license models

####
For all the Conexant firmwares, it applies the following license:

  Conexant grants permission to use and redistribute these firmware
  files for use with Conexant devices, but not as a part of the Linux
  kernel or in any other form which would require these files themselves
  to be covered by the terms of the GNU General Public License.
  These firmware files are distributed in the hope that they will be
  useful, but WITHOUT ANY WARRANTY; without even the implied warranty
  of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

####
Copyright (c) 2009, Xceive Corporation <info@xceive.com>

Permission to use, copy, modify, and/or distribute this software, only
for use with Xceive ICs, for any purpose with or without fee is hereby
granted, provided that the above copyright notice and this permission
notice appear in all source code copies.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

####
Copyright (c) 2009, DiBcom

Permission to use, copy, modify, and/or distribute this software for
any purpose with or without fee is hereby granted, provided that the
above copyright notice and this permission notice appear in all
copies.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL
WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE
AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.

####
The files are named dvb-ttpci-VV.fw-vvvv

  VV : Version of firmware-to-host API. You can simply upgrade
       the firmware binary with a newer one of the same API
       version without changing anything else in the driver.
  vvvv: Firmware version. Increased with each functional change.

It is recommended that you use the newest firmware binary
compatible with your driver. If you use the hotplug firmware loader
in Linux 2.6 you must put the firmware file in
/lib/firmware/dvb-ttpci-01.fw (in previous versions of the Linux
hotplug scripts it was /usr/lib/hotplug/firmware/dvb-ttpci-01.fw).

Boot.S is the source for the boot loader which is included
as a binary blob in the bootcode array in av7110_hw.c in
the Linux driver source. For more information check the
driver tarball at http://www.metzlerbros.org/dvb/.

####
TERRATEC grants permission to use and redistribute these firmware
files for use with TERRATEC devices, but not as part of the Linux
kernel or in any other form which would require these files themselves
to be covered by the terms of the GNU General Public License.

These firmware files are distributed in the hope that they will be
useful, but WITHOUT ANY WARRANTY; without even the implied warranty
of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

Iam not shure, can we cover alle different licenses with

LICENSE="all-rights-reserved"


btw. if this bug is fixed/closed
the package should be moved to CATEGORY sys-firmware...
Comment 2 Ulrich Müller gentoo-dev 2013-06-23 22:38:56 UTC
Does the above (Conexant, Xceive, DiBcom, Metzler, and Terratec) cover all of the files? Then we could just add it as new license file.

The DiBcom part is the ISC license, by the way.
Comment 3 Daniel Pielmeier gentoo-dev 2013-09-28 10:24:44 UTC
Sorry I am no longer interested in this package. It was only saved from removal because I kept it in shape somehow for some time. After I got tired I tried to remove it from portage myself but was not allowed to anymore. So others have to keep the pieces now. I vote for removing this package and give the users instructions on how to acquire the relevant files themselves.
Comment 4 Ulrich Müller gentoo-dev 2014-04-03 21:00:42 UTC
(In reply to Joerg Bornkessel from comment #1)
> btw. if this bug is fixed/closed
> the package should be moved to CATEGORY sys-firmware...

How shall we proceed here? It seems to me that the package in its current form isn't really useful, because several of the SRC_URIs have fetch failures. Not sure how users are supposed to install it.

Maybe it would be better to split it into separate packages, one for each upstream? (These could be in the sys-firmware category then.)


(In reply to Daniel Pielmeier from comment #3)
> I vote for removing this package and give the users instructions on how to
> acquire the relevant files themselves.

Or we simply follow this suggestion.
Comment 5 Ulrich Müller gentoo-dev 2014-05-01 12:58:42 UTC
For the time being, I've changed LICENSE to "freedist ISC all-rights-reserved". Please note that this is a rough approximation only.

In case this package should be split into several packages, or reorganised in any other way, the license issue should be reiterated.