[RFD] bug 201680 - 2.6.24 contains non-free fore200e files

[Leann Ogasawara]

Hi All,

I'd like to get some additional feedback if the following bug is an
actual legal issue that needs to be addressed.

https://bugs.launchpad.net/ubuntu/+source/linux/+bug/201680

The bug states:
=================================
Package: "linux" (source package)
Version: 2.6.24-* (Hardy kernel)

Someone has pointed out [1][2] that the fore200e files may not be free software [3]. The problematic clause is this:

 Copyright (c) 1995-2000 FORE Systems, Inc., as an unpublished work. This
notice does not imply unrestricted or public access to these materials which
are a trade secret of FORE Systems, Inc. or its subsidiaries or affiliates
(together referred to as "FORE"), and which may not be reproduced, used, sold
or transferred to any third party without FORE's prior written consent. All
rights reserved.

This would make it unsuitable for distribution in ubuntu (even in the restricted sections) as it doesn't allow distribution.

[1] http://bugs.gnewsense.org/Bugs/00135
[2] http://lists.gnu.org/archive/html/gnewsense-users/2008-03/msg00055.html
[3] ./linux-2.6.24/drivers/atm/fore200e_firmware_copyright

=================================

Colin has posted an additional link in the bug report to an LKML thread
that also contained some discussion:  http://lkml.org/lkml/2000/2/23/239

I basically would like to know if this is something Ubuntu needs to
address or if I can just go ahead and close out the bug.  IANAL so I'd
appreciate feedback from anyone who has a better understanding of this
type of matter.

Thanks,
Leann