FreeCalypso > hg > fc-magnetite

annotate LICENSE @ 686:59f07d67eb45

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luna target split into luna1 and luna2 luna1 is FC Luna based on iWOW DSK v4.0 or v5.0 motherboard luna2 is FC Luna based on FC Caramel2 MB
author Mychaela Falconia <falcon@freecalypso.org>
date Mon, 12 Oct 2020 18:51:24 +0000
parents 8c74c177e914
children
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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
601
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113 FreeCalypso original work
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114 =========================
229
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115
646
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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.
229
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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
8c74c177e914 LICENSE: new terms
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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
8c74c177e914 LICENSE: new terms
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180 Falconia Partners LLC, as well as any downstream possessors of these physical
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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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
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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184 right to make any arbitrary modifications of your choosing to our code base,
8c74c177e914 LICENSE: new terms
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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
646
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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
8c74c177e914 LICENSE: new terms
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190 official binary firmware images from freecalypso.org and installing them on
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Mychaela Falconia <falcon@freecalypso.org>
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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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Mychaela Falconia <falcon@freecalypso.org>
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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
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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202 non-commercial. Users in this category are considered to be peers and equal
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Mychaela Falconia <falcon@freecalypso.org>
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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
8c74c177e914 LICENSE: new terms
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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
8c74c177e914 LICENSE: new terms
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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.
229
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223
646
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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
8c74c177e914 LICENSE: new terms
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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
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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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
8c74c177e914 LICENSE: new terms
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240 ===================================
613
6f0874b00973 LICENSE: current status
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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
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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243 actively serve in my current position as the Mother of FreeCalypso, and for as
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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244 long as the official FreeCalypso source code repositories at freecalypso.org
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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245 remain up and publicly serving, reposting or redistribution of FreeCalypso GSM
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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246 firmware source code via any other Internet sites is NOT permitted. Unaltered
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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247 official binary firmware release images downloaded from freecalypso.org may be
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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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
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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251 derivative works under the terms of the present license without payment of a
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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252 commercial license fee are either non-commercial personal hobbyist tinkerers or
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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253 lawful owners of Falconia-made FreeCalypso hardware devices. If you have made
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Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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254 some modifications of your own to FreeCalypso GSM firmware and have done so on
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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255 a strictly non-commercial basis, i.e., NOT in connection with any kind of
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
parents: 613
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256 for-profit venture or enterprise, and you would like to share your modified
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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257 version with other non-commercial hobbyists, enthusiasts or tinkerers, then I
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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258 am very much open to such sharing, but you MUST contact me first to work out
8c74c177e914 LICENSE: new terms
Mychaela Falconia <falcon@freecalypso.org>
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259 the details. This contact requirement is unfortunately necessary in order to
8c74c177e914 LICENSE: new terms
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260 deter predatory and exploitative for-profit commercial misuses of the work.