Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

Chris Friesen
2005-04-05T18:56:45Z

Josselin Mouette wrote:

> The fact is also that mixing them with a GPLed software gives
> an result you can't redistribute - although it seems many people
> disagree with that assertion now.

This is only true if the result is considered a "derivative work" of the
gpl'd code.

The GPL states "In addition, mere aggregation of another work not based
on the Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the other
work under the scope of this License."

Since the main cpu does not actually run the binary firmware, the fact
that it lives in main memory with the code that the cpu *does* run is
irrelevent. In this case, the Debian stance is that the kernel proper
and the binary firmware are "merely aggregated" in a volume of storage (
ie. system memory).

Chris