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