FreeCalypso > hg > fc-magnetite
annotate LICENSE @ 688:5806383e2788
doc/Compiling: update for luna1, luna2 and tangomdm
author | Mychaela Falconia <falcon@freecalypso.org> |
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date | Mon, 12 Oct 2020 19:17:23 +0000 |
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1 Copyright status of code |
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2 ======================== |
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3 |
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4 Every current FreeCalypso GSM firmware offering consists of two subdivisions |
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5 of code with different ownership: |
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6 |
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7 1) All FreeCalypso GSM firmware offerings are based on TCS211 and TCS3.2 GSM |
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8 firmware deliveries from TI. |
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9 |
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10 2) Every FreeCalypso GSM firmware offering also contains highly significant |
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11 new code developed in the context of FreeCalypso by Mother Mychaela; these |
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12 value-added changes and new developments which differentiate FreeCalypso |
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13 from TI's original are highly significant, these changes and additions are |
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14 what makes our FreeCalypso GSM firmwares valuable and practically usable |
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15 unlike the fragmented bits and pieces of TI's original code found on the |
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16 Internet, and we (FreeCalypso) shall vigorously pursue every available form |
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17 of Intellectual Property protection in defending our rightful interest in |
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18 these value-added new developments. |
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19 |
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20 All FreeCalypso GSM firmware offerings constitute Derivative Works under U.S. |
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21 copyright law, derived from previous works that were produced and copyrighted |
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22 by TI, but also containing highly significant original work that is deserving |
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23 of copyright protection. |
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24 |
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25 The present version of this LICENSE file supercedes any previous versions that |
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26 may have been committed into this Mercurial version control repository at any |
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27 time in the past. Anyone who downloads or clones code from this Mercurial |
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28 source repository after the posting date of this LICENSE notice must agree to |
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29 the terms of this license, even if you choose to work with an older version of |
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30 the actual code. If you do not agree with this license, then you have no right |
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31 to download or use our code at all. |
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32 |
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33 Portions of code taken from TI |
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34 ============================== |
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35 |
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36 All TI-owned code that has been incorporated into FreeCalypso originates from |
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37 the following four sources in this order of importance, from most to least |
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38 significant: |
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39 |
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40 a) TCS211 firmware semi-src (partial source + objects) delivery dated |
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41 2007-06-08; |
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42 |
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43 b) TCS3.2_N5.24_M18_V1.11_M23BTH_PSL1_src.zip LoCosto firmware delivery dated |
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44 2009-03-27; |
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45 |
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46 c) Fragments of TCS211 firmware source contained in the MV100-0.1.rar Internet |
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47 find, dated 2004-07-02 or earlier; |
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48 |
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49 d) Bits of Layer1 code from the TSM30 source published by HispaPhreak in 2004, |
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50 dated 2003-11-06 or earlier. |
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51 |
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52 All of this code is presumed to be copyrighted by Texas Instruments (TI), with |
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53 a copyright year of 2009 or earlier. |
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54 |
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55 Because TI no longer provides any support for their discontinued GSM baseband |
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56 chips or for their associated firmware, the exact licensing terms for their |
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57 code are unclear. We (FreeCalypso) have repeatedly reached out to TI over the |
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58 years, explaining in our letters to TI exactly what we are doing with their old |
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59 code and asking for licensing clarification, but never received any response. |
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60 |
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61 In the absence of any communication from TI telling us otherwise, we operate on |
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62 the assumption that the license terms applicable to the code we are using from |
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63 TI are the same as customary in the semiconductor device industry as a whole. |
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64 It is customary in the industry for makers of many complex integrated circuit |
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65 (IC) chips to also produce specialized firmware that is required in order to |
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66 use these chips effectively; if any given semiconductor device company X is |
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67 primarily in the business of making and selling IC chips and provides firmware |
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68 solely as an accessory to those chips rather than as a product in its own right, |
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69 then the following license terms are generally customary for all such firmware |
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70 articles throughout the industry: |
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71 |
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72 * Because the firmware is a required accessory for making use of the chips and |
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73 because the chips rather than the firmware are the revenue-generating product, |
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74 IC chip makers almost universally license their firmware under terms that |
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75 allow unlimited use of the firmware FOR AS LONG AS that firmware is used |
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76 together with chips bought from the company, and not otherwise. |
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77 |
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78 * It is generally considered severe misuse and likely copyright infringement or |
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79 IP theft to take some company's firmware and use it WITHOUT buying the |
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80 original chips for which that firmware was made. |
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81 |
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82 Back to FreeCalypso and TI, we (FreeCalypso) use TI's code ONLY by way of |
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83 running it on genuine TI-made Calypso chips which we buy on various IC surplus |
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84 markets. Even though these chips were originally made by TI decades ago and TI |
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85 has likely lost all institutional memory of them, the fact remains that at some |
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86 point in the distant past these chips were legitimately sold by and bought from |
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87 TI, with all subsequent transfers of ownership falling under the first-sale |
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88 doctrine. When these chips were first sold by TI decades ago, they were |
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89 accompanied by a license for the associated firmware to be used together with |
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90 the chips, and we make the argument that because the firmware is a required |
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91 accessory for using the chips and has been so from the beginning, as the |
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92 ownership of our TI-made chips passed down the chain, the license to the |
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93 associated firmware rides along with the physical chips, following the same |
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94 first-sale doctrine. |
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95 |
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96 We (FreeCalypso) absolutely do not condone or encourage anyone to use TI's |
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97 firmware without TI-made chips, and we never engage in any such misuse |
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98 ourselves. Anyone who attempts to port TI's firmware to some non-TI chipset |
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99 platform or otherwise use it without TI-made chips will very likely be |
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100 infringing on TI's copyright, as TI had developed the firmware solely for use |
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101 together with their chips, and use without TI-made chips would constitute theft |
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102 of their work. We shall not provide any assistance whatsoever to anyone |
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103 seeking to port the present firmware to a non-TI chipset or to an SDR setup or |
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104 any other arrangement that is not firmly cemented around TI-made Calypso chips, |
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105 as doing so would almost certainly go against TI's reasonable rights. |
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106 |
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107 Because we use TI's code only by way of running it on genuine TI-made Calypso |
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108 chips, in the absence of TI telling us otherwise, we have every good reason to |
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109 believe that our manner of using TI's firmware code is fully consistent with |
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110 TI's original intent in the way it was developed and licensed, and is therefore |
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111 fully lawful and not infringing in any way. |
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112 |
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113 FreeCalypso original work |
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114 ========================= |
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115 |
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116 All code we got from TI dates from 2009 or earlier; absolutely no activity by |
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117 any party took place between 2009 and 2013, and all new development from 2013 |
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118 onward is original to FreeCalypso. All changes and additions to TI's code base |
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119 that have been made within the context of FreeCalypso from 2013 to the present |
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120 are the work of Mother Mychaela Nadezhda Falconia and are copyrighted as such: |
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121 |
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122 Copyright (C) Mychaela N. Falconia, 2013-2020, All rights reserved |
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123 |
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124 Changes and additions falling under Falconia copyright include all of the |
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125 following: |
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126 |
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127 * The novel and innovative way in which components from TI's TCS211 and TCS3.2 |
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128 firmwares have been stitched together in order to produce our signature |
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129 TCS2/TCS3 hybrid (resulting in firmware that runs on Calypso rather than |
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130 LoCosto, yet at the same time is fully recompilable from source) is hereby |
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131 claimed to be sufficiently creative and original to be deserving of copyright |
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132 protection in the 17 USC 101 definition of a "compilation". |
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133 |
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134 * All instances of translation from disassembly to C (producing recompilable C |
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135 code that replaces components which were previously available only as linkable |
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136 binary objects) are Mother Mychaela's creative work falling under Falconia |
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137 copyright. This category critically includes the tpudrv12.c time-based RF |
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138 driver and the OSL and OSX components of GPF. |
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139 |
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140 * All changes for compiling with a GNU gcc+binutils toolchain instead of TI's |
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141 TMS470 compiler, included in FC Citrine, FC Selenite and future FC firmwares. |
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142 These changes include newly written assembly code and linker scripts. |
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143 |
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144 * All FreeCalypso firmware configuration and build systems are original to |
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145 Falconia and do not originate from TI at all. This category includes the |
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146 Makefile hierarchy and Bourne shell code in FC Citrine, the Bourne shell-based |
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147 Makefile generation system of FC Magnetite, and all future FC firmware |
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148 configuration and build systems based on these two. |
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149 |
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150 * All conditional compilation changes that make it possible to build our |
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151 firmwares for various Calypso targets, both new and historical, that are not |
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152 Openmoko GTA01 or GTA02 modems. |
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153 |
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154 * The quite-different-from-TI FFS configuration in FC Citrine, including the |
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155 FFS-in-RAM trick that is original to FreeCalypso. |
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156 |
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157 * All support for newer (post-TI) flash chips in FC Magnetite, FC Selenite and |
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158 all future FC firmwares based on the Magnetite/Selenite line. |
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159 |
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160 * The mechanism for passing AT commands and responses over the RVTMUX interface |
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161 is novel and original to FreeCalypso, likewise falling under Falconia |
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162 copyright. |
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163 |
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164 * FreeCalypso-added AT@VPATH and AT@VSEL mechanisms for using the Calypso chip's |
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165 MCSI digital voice interface for purposes other than just Bluetooth. |
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166 |
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167 * All other changes and additions to TI's code base that have been implemented |
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168 in FreeCalypso since 2013 and through the present. |
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169 |
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170 License terms |
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171 ============= |
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172 |
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173 For all FreeCalypso GSM firmware offerings that contain Falconia-copyrighted |
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174 code and other changes and additions that fall under Falconia copyright, the |
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175 following three (3) modes of usage are allowed without requiring any license |
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176 fee payment: |
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177 |
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178 1) Using FreeCalypso GSM firmware on Falconia-made FreeCalypso hardware: those |
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179 who purchase FreeCalypso hardware products (board-level hardware) from |
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180 Falconia Partners LLC, as well as any downstream possessors of these physical |
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181 products under the first-sale doctrine, are hereby given a license to use all |
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182 of our FreeCalypso firmware versions *on that Falconia-made hardware* for any |
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183 purpose whatsoever, without restrictions on commercial usage, including the |
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184 right to make any arbitrary modifications of your choosing to our code base, |
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185 for as long as our firmware or any derivative works based on our firmware are |
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186 used ONLY on Falconia-made hardware units. |
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187 |
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188 2) End user usage: in the case of those firmware configurations for which |
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189 official binary end user releases are provided, downloading prebuilt |
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190 official binary firmware images from freecalypso.org and installing them on |
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191 the hardware they are intended for, including hardware models produced by |
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192 manufacturers other than Falconia, is always permitted without any further |
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193 conditions or restrictions. Please note that this permission applies ONLY |
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194 to official FreeCalypso firmware releases; if you make any changes of your |
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195 own to our firmware, then this permission no longer applies - instead you |
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196 would need to qualify under one of the other two permissions. |
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197 |
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198 3) Non-commercial hobbyist tinkerer usage: personal hobbyists, tinkerers and |
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199 enthusiasts are allowed and encouraged to play with our firmware as much as |
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200 they like, including running the firmware on whatever hardware you like and |
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201 making whatever modifications you like, as long as your usage is strictly |
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202 non-commercial. Users in this category are considered to be peers and equal |
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203 colleagues to the Mother, and will be given the warmest welcome in the |
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204 FreeCalypso community. Any TI lorekeepers are included in this category and |
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205 are most especially welcome. |
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206 |
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207 Restrictions on commercial usage |
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208 ================================ |
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209 |
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210 There is one specific form of usage which is expressly prohibited without |
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211 payment of a license fee: namely, for-profit commercial usage of FreeCalypso |
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212 GSM firmware on non-Falconia-made hardware that does not fit under end user |
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213 usage permission as defined above. Anyone who creates a derivative work based |
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214 on FreeCalypso GSM fw, modified in ways which are not endorsed or approved of |
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215 in any way by the Mother, and then uses that FreeCalypso-based derivative work |
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216 as part of a purely commercial for-profit venture or enterprise must either buy |
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217 FreeCalypso hardware from Falconia Partners LLC and limit their commercial use |
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218 of FreeCalypso-based derivative works to just that Falconia-made hardware, or |
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219 buy a commercial license (for a to-be-negotiated price depending on the exact |
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220 nature of your commercial usage) from copyright holder Mychaela N. Falconia, |
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221 allowing commercial use on non-Falconia-made hardware. Doing otherwise |
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222 constitutes severe infringement on Mother Mychaela's copyright. |
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223 |
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224 No part of Mother Mychaela's FreeCalypso family of projects has *ever* been |
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225 intended to serve as a free giveaway or handout of tools or software components |
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226 or any other materials to for-profit commercial entities, instead the ONLY |
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227 parties to whom I (copyright holder Mychaela N. Falconia) grant permission to |
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228 use my software and firmware on a "gift" basis (not requiring purchase of my |
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229 hardware or a license fee payment in lieu thereof) are personal hobbyist |
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230 tinkerers and end users as defined in the previous section. It is my natural |
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231 right as the author of a highly creative work of many years to decide who gets |
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232 to use it for free and who does not, and in my capacity as the rightful |
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233 copyright holder I deem it so that if you use my work as part of any commercial |
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234 for-profit venture or enterprise that does not provide any value or benefit |
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235 whatsoever to what _I_ define as the FreeCalypso community, then I am legally |
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236 entitled in my capacity as the copyright holder to require payment for such |
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237 peculiar use of my creative work. |
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238 |
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239 Redistribution and derivative works |
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240 =================================== |
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241 |
646
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242 For as long as I (Mother Mychaela) am alive, for as long as I contunue to |
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243 actively serve in my current position as the Mother of FreeCalypso, and for as |
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244 long as the official FreeCalypso source code repositories at freecalypso.org |
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245 remain up and publicly serving, reposting or redistribution of FreeCalypso GSM |
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246 firmware source code via any other Internet sites is NOT permitted. Unaltered |
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247 official binary firmware release images downloaded from freecalypso.org may be |
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248 freely redistributed in any medium without restrictions. |
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249 |
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250 As far as derivative works go, the only parties who may legally produce such |
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251 derivative works under the terms of the present license without payment of a |
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252 commercial license fee are either non-commercial personal hobbyist tinkerers or |
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253 lawful owners of Falconia-made FreeCalypso hardware devices. If you have made |
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254 some modifications of your own to FreeCalypso GSM firmware and have done so on |
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255 a strictly non-commercial basis, i.e., NOT in connection with any kind of |
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256 for-profit venture or enterprise, and you would like to share your modified |
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257 version with other non-commercial hobbyists, enthusiasts or tinkerers, then I |
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258 am very much open to such sharing, but you MUST contact me first to work out |
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259 the details. This contact requirement is unfortunately necessary in order to |
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260 deter predatory and exploitative for-profit commercial misuses of the work. |