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[Bug 1326776] [NEW] linux-firmware-nonfree: Copyright infringement of Broadcom b43 firmware

 

Public bug reported:

It is historically well known that Broadcom does not allow
redistribution of the b43 firmware. This is confirmed by:

    -  http://fedoraproject.org/wiki/Firmware ("Broadcom refuses to re-
license them under redistributable license. ")

    -  http://wireless.kernel.org/en/users/Drivers/b43 ("the firmware
from the binary drivers is copyrighted by Broadcom Corporation and
cannot be redistributed. ")

    -  Colin Watson in bug #29566 ("We've already talked to Broadcom; no
luck. The wl driver and various reverse-engineering efforts are the only
way we're going to get redistributable firmware here.")

But it appears from this changelog -
https://launchpad.net/ubuntu/oneiric/+source/linux-firmware-
nonfree/+changelog - that Tim Gardner added the b43 firmware files to
linux-firmware-nonfree back in September 2011, and the files are still
there in trusty.

So does Canonical actually have a license to redistribute the b43
firmware? The current situation really appears as if Broadcom said "no",
and then Canonical went ahead and packaged it anyway. If this is
incorrect, and Canonical is allowed to redistribute, then the license
needs to be made clear in order to avoid accusations of copyright
infringement.

ProblemType: Bug
DistroRelease: Ubuntu 14.04
Package: linux-firmware-nonfree 1.14ubuntu1
ProcVersionSignature: Ubuntu 3.13.0-27.50-generic 3.13.11
Uname: Linux 3.13.0-27-generic x86_64
ApportVersion: 2.14.1-0ubuntu3.2
Architecture: amd64
CurrentDesktop: Unity
Date: Thu Jun  5 13:35:32 2014
Dependencies:
 
InstallationDate: Installed on 2014-05-06 (30 days ago)
InstallationMedia: Ubuntu 14.04 LTS "Trusty Tahr" - Release amd64 (20140417)
PackageArchitecture: all
SourcePackage: linux-firmware-nonfree
UpgradeStatus: No upgrade log present (probably fresh install)

** Affects: linux-firmware-nonfree (Ubuntu)
     Importance: Undecided
         Status: New


** Tags: amd64 apport-bug trusty

-- 
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Bug Team, which is subscribed to linux-firmware-nonfree in Ubuntu.
https://bugs.launchpad.net/bugs/1326776

Title:
  linux-firmware-nonfree: Copyright infringement of Broadcom b43
  firmware

Status in “linux-firmware-nonfree” package in Ubuntu:
  New

Bug description:
  It is historically well known that Broadcom does not allow
  redistribution of the b43 firmware. This is confirmed by:

      -  http://fedoraproject.org/wiki/Firmware ("Broadcom refuses to
  re-license them under redistributable license. ")

      -  http://wireless.kernel.org/en/users/Drivers/b43 ("the firmware
  from the binary drivers is copyrighted by Broadcom Corporation and
  cannot be redistributed. ")

      -  Colin Watson in bug #29566 ("We've already talked to Broadcom;
  no luck. The wl driver and various reverse-engineering efforts are the
  only way we're going to get redistributable firmware here.")

  But it appears from this changelog -
  https://launchpad.net/ubuntu/oneiric/+source/linux-firmware-
  nonfree/+changelog - that Tim Gardner added the b43 firmware files to
  linux-firmware-nonfree back in September 2011, and the files are still
  there in trusty.

  So does Canonical actually have a license to redistribute the b43
  firmware? The current situation really appears as if Broadcom said
  "no", and then Canonical went ahead and packaged it anyway. If this is
  incorrect, and Canonical is allowed to redistribute, then the license
  needs to be made clear in order to avoid accusations of copyright
  infringement.

  ProblemType: Bug
  DistroRelease: Ubuntu 14.04
  Package: linux-firmware-nonfree 1.14ubuntu1
  ProcVersionSignature: Ubuntu 3.13.0-27.50-generic 3.13.11
  Uname: Linux 3.13.0-27-generic x86_64
  ApportVersion: 2.14.1-0ubuntu3.2
  Architecture: amd64
  CurrentDesktop: Unity
  Date: Thu Jun  5 13:35:32 2014
  Dependencies:
   
  InstallationDate: Installed on 2014-05-06 (30 days ago)
  InstallationMedia: Ubuntu 14.04 LTS "Trusty Tahr" - Release amd64 (20140417)
  PackageArchitecture: all
  SourcePackage: linux-firmware-nonfree
  UpgradeStatus: No upgrade log present (probably fresh install)

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References