Re: more files with licenses that aren't GPL-compatible

[Michael Poole <mdpoole@troilus.org>]

Adam J. Richter writes:

> 	I believe that distribution of Linux kernel binaries that
> compile in this firmware is direct copyright infringment, and
> that distribution of Linux kernel modules that compile in
> this firmware is contributory copyright infringement (to the direct
> infringmenet that occurs when the image is created in RAM, and
> there are US court cases that say that copying into RAM is copying
> for the purposes of copyright).
>
> 	The United States Copyright Office has issued a copyright
> registration to Yggdrasil Computing for some software in the Linux
> USB serial drivers.  Yggdrasil Computing has never given permission
> for distribution of GPL-incompatible firmware with that software.

The first "official" version of Linux that included USB serial code
that mentioned you (Adam Richter and/or Yggdrasil) was 2.4.  That same
version included the same binary firmware you complained about in
2001, and the changelog in usbserial.c makes it clear that *at least*
the WhiteHEAT firmware was already present when you contributed your
code.

Would you explain why your claim of copyright infringement is not
estopped by the pre-existing condition of firmware being present?

Michael Poole