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