[LUCID FIRMWARE] Added firmware for NetXen network interface cards.

[Chase Douglas]

Manjo,

Great for getting firmware, but I agree that this should be NACK'd for
linux-firmware. Here's the issues I see, though I'm not a lawyer:

* License should be line wrapped (cosmetic, and I would think we could
do this ourselves)

* Subject to the terms and conditions of this Agreement, QLogic grants
Licensee a limited, non-transferable, non-sublicensable, non-exclusive
license to install, download and/or use the Software (in object code
form only) with certain approved products manufactured by or for
QLogic and approved products manufactured by or for an OEM customer of
QLogic (“QLogic Approved Products”).
  - This means we can't redistribute under the terms set forth (though
there is an OS distribution clause I'll get to in a bit)

* This license is only available to original end user purchasers of
QLogic Approved Products that have been purchased through QLogic
authorized distribution channels or approved OEM distribution
channels.  This license is not available to any end users of QLogic
products who have purchased QLogic products, which have previously
been used and the license is not available to any purchaser of QLogic
application specific integrated circuits (“ASICs”) or any product
incorporating an ASIC, unless the product incorporating the ASIC is a
QLogic Approved Product.
  - This seems to imply that only original purchasers may use this
firmware, circumventing the doctrine of first sale. We can't enforce
this, nor do we want to.

* Operating system vendors are also granted a license to distribute
the Software (in object code form only) to authorized end users of
QLogic Approved Products, provided that distribution is pursuant to an
end-user license agreement with terms and conditions that are at least
as restrictive as this Agreement.
  - So we can redistribute under this clause, but only if we verify
that everyone we distribute to doesn't violate the clause above.
Again, we can't enforce it, nor do we want to. It would also require
us to show a EULA to users, which we don't want to do.

* Permitted Use.  Licensee may only install and use the Software in
accordance with the documentation provided with the Software and with
QLogic Approved Products.
  - This may be nit-picking, but if it's part of the linux-firmware
package, it gets installed for all Ubuntu users, whether or not they
have QLogic Approved Products.

* 5. Restrictions and Cooperation.  Licensee shall not (and shall not
allow any third party to)
  * (ii) provide, lease, lend, use for timesharing or otherwise use or
allow others to use the Software to or for the benefit of third
parties;
    - We can't and don't want to enforce this.
  * (iii) except as specified in the applicable user documentation,
modify, incorporate into or with other hardware or software, or create
a derivative work of any part of the Software;
    - This seems to imply we can't incorporate it into the
linux-firmware package along with other firmware.
  * (iv) disseminate performance information or analysis from any
source relating to the Software;
    - As much as we may like to at times, we can't keep people like
Phoronix from publishing performance test results :).

* Further Obligations.  Licensee shall defend, indemnify and hold
QLogic harmless from and against any and all claims, damages,
liabilities, costs and expenses (including, without limitation,
attorneys’ fees) arising out of Licensee’s breach of its obligations
under this Agreement.
  - I think this would require the agreement of Canonical's legal team.

It would be great if we could get a license agreement that would allow
us to distribute this firmware as part of linux-firmware, but this one
won't work.

Nacked-by: Chase Douglas <chase.douglas at canonical.com>

-- Chase

On Thu, Mar 25, 2010 at 4:55 PM, Manoj Iyer <manoj.iyer at canonical.com> wrote:
>
> The following changes since commit
> 947bfb460f82ee6ad43df044723cc24a0485067f:
>   Manoj Iyer (1):
>         Added firmware for NetXen network interface cards.
>
> are available in the git repository at:
>
>
> git://kernel.ubuntu.com/git/manjo/linux-firmware.git lucid
>
>
> I would NACK the firmware coz the license does not seem to be
> re-distributable.
>
>
> Cheers
> --- manjo