FreeCalypso > hg > freecalypso-citrine

annotate LICENSE @ 48:4bb56b6c8645

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LICENSE: new terms
author Mychaela Falconia <falcon@freecalypso.org>
date Tue, 14 Apr 2020 21:38:35 +0000
parents 5487db285025
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
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113 FreeCalypso original work
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114 =========================
37
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115
48
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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
48
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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
37
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240 ===================================
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241
48
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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.
37
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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.