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Re: [gNewSense-users] kernel - mach64 copyrigth


From: crap0101
Subject: Re: [gNewSense-users] kernel - mach64 copyrigth
Date: Sat, 22 Nov 2008 09:45:15 +0100

Hi!

a little update about mach64.h copyright.
After write fsf's licencing team, they are sending question to ATI, in
hope they get a response.

our mach64.h bug page: http://bugs.gnewsense.org/Bugs/00212

the FSF email:

Il giorno gio, 20/11/2008 alle 17.34 -0500, Donald R Robertson III via
RT ha scritto:
> Hello again,
> 
> I'm going to send off a letter to them tomorrow on our letterhead.
> Hopefully we will hear back. In the mean time, it would probably be best
> to start considering whether and how the sample code can be removed from
> the project. If I don't hear back from ATI, or what I hear back is that
> the code isn't or won't be licensed freely, then the code should be
> probably be removed in order to ensure both that gNewSense is completely
> free and that it is not violating whatever licensing ATI is using.
> Thanks so much for your effort throughout this, and good luck. 
> 
> > address@hidden - Tue Nov 18 17:36:27 2008]:
> > 
> > hello,
> > no answes yet. In truth, i have lose hope about it.
> > thanks if you try to contact them, probably you have much power than
> > me :)
> > 
> > regards,
> > marco
> > 
> > Il giorno mar, 18/11/2008 alle 17.16 -0500, Donald R Robertson III via
> > RT ha scritto:
> > > Hello again,
> > > 
> > > Just wanted to check-in on this issue. Have you heard back from ATI? If
> > > not, we might try to contact them, to see what response we can get.
> > > Thanks for taking your time.
> > > 
> > > > address@hidden - Sat Nov 08 23:55:26 2008]:
> > > > 
> > > > hello,
> > > > 
> > > > unfortunately i don't find out more useful information.
> > > > The author of this code have no idea about that, this is his verbatim
> > > > answer:
> > > > >> That comment is probably 10 years old, if
> > > > >> indeed it's from me, I have no idea what file it's from.  We got
> > > > some
> > > > >> sample code from ATI, no idea about the license, they knew we were
> > > > >> working on linux drivers though and were trying to help us.
> > > > >>
> > > > >> mt
> > > > >>
> > > > 
> > > > looking in the kernel archive
> > > > ( http://www.kernel.org/pub/linux/kernel/v2.4/ ) i see `mach64.h`
> > > > appears from v. 2.4.8 . Before this date, it was probably knew with
> > > > another name (located in drivers/video/aty/ I suppose, but not check
> > > > yet)
> > > > 
> > > > thanks,
> > > > marco
> > > > 
> > > > Il giorno gio, 30/10/2008 alle 16.47 -0400, Donald R Robertson III via
> > > > RT ha scritto:
> > > > > Hello,
> > > > >
> > > > > It is unlikely that the license for the website applies to the code
> > > > > samples. Right now, it looks like you might have code that came from
> > > > > ATI, but we're unsure of what the license is. Is there any more
> > > > > information that you can provide? Can the author at least provide
> > > > more
> > > > > information on where he got the sample code from?
> > > > >
> > > > > It would also be useful to think about how important this file
> > > > really
> > > > > is. It might be simpler to do without the code then go through the
> > > > > effort of resolving licensing issues with ATI.
> > > > >
> > > > > Please keep us posted on this. Thanks so much for your time.
> > > > >
> > > > > > address@hidden - Wed Oct 22 09:07:38 2008]:
> > > > > >
> > > > > > Hi!
> > > > > > I'm Marco.
> > > > > >
> > > > > > Checking the Linux Kernel I found a shady copyright notice from
> > > > the
> > > > > > mach64.h file ( it is located in the kernel tree
> > > > > > at /include/video/mach64.h )
> > > > > >
> > > > > > Formely it is released under GPL version 2 (or later) but, another
> > > > note
> > > > > > said:
> > > > > >
> > > > > > /*
> > > > > >  * most of the rest of this file comes from ATI sample code
> > > > > >  */
> > > > > >
> > > > > > The only "ATI" sample code" i've discover is from the ATI website,
> > > > but
> > > > > > the "term and Condition" for that code seems GPL incompatible.
> > > > > > (reference at 
> > > > > > http://www.amd.com/us-en/Copyright/0,,1435_1439,00.html
> > > >  )
> > > > > > An extract:
> > > > > > >         This Site is only for your personal use. You may not
> > > > > > distribute,
> > > > > > >         exchange, modify, sell or transmit any materials you
> > > > copy from
> > > > > > >         this Site, including but not limited to any software,
> > > > text,
> > > > > > >         images, audio and video ("Materials"), for any business,
> > > > > > >         commercial or public purpose. All Materials on this Site
> > > > are
> > > > > > >         copyrighted and are protected by worldwide copyright
> > > > laws and
> > > > > > >         treaty provisions. Any unauthorized use of the Materials
> > > > may
> > > > > > >         violate copyright laws, trademark laws, the laws of
> > > > privacy and
> > > > > > >         publicity, and civil and criminal statutes.
> > > > > > >
> > > > > > >         As long as you comply with the terms of these Terms and
> > > > > > >         Conditions of Use, AMD grants you a non-exclusive,
> > > > > > >         non-transferable, limited right to enter, display and
> > > > use this
> > > > > > >         Site. This is a license, not a transfer of title, and is
> > > > subject
> > > > > > >         to the following restrictions: you may not: (a) modify
> > > > the
> > > > > > >         Materials or use them for any commercial purpose, or any
> > > > public
> > > > > > >         display, performance, sale or rental; (b) decompile,
> > > > reverse
> > > > > > >         engineer, or disassemble software Materials except and
> > > > only to
> > > > > > >         the extent permitted by applicable law; (c) remove any
> > > > copyright
> > > > > > >         or other proprietary notices from the Materials; (d)
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> > > > > > >         the Materials to another person; and (e) interrupt or
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> > > > > > >         interrupt the operation of this Site in any way. The
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> > > > > > >         may not be copied, reproduced, modified, published,
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> > > > > > >         posted, transmitted, or distributed in any way, without
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> > > > > > >         time if you are in breach of the terms of these Terms
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> > > > > > >         Conditions of Use. Upon termination, you will
> > > > immediately
> > > > > > >         destroy the Materials.
> > > > > > >
> > > > > >
> > > > > > No useful information neither contacting the owner of this file
> > > > (he said
> > > > > > me "at that time we don't mind about that"  !!! :( ) nor mailing
> > > > ATI (no
> > > > > > aswer).
> > > > > >
> > > > > > We'll appreciate your opinion about this...
> > > > > >
> > > > > > In the meantime we had reased a bug
> > > > > > http://bugs.gnewsense.org/Bugs/00212
> > > > > >
> > > > > > For further info, this is the related thread in the gnewsense
> > > > mailling
> > > > > > list:
> > > > > > http://lists.gnu.org/archive/html/gnewsense-users/2008-
> > > > 09/msg00077.html
> > > > > >
> > > > > >
> > > > > > thanks,
> > > > > > Marco
> > > > > >
> > > > > >
> > > > > >
> > > > > >
> > > > 
> > > > 
> > > > 
> > > > 
> > 
> > 
> > 
> > 





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