[sane-devel] Place for scanner firmware

[Ulf Zibis]

Hi Olaf,

Am 29.07.20 um 11:28 schrieb Olaf Meeuwissen:
> Hi Ulf,
>
> Ulf Zibis writes:
>
>> Hi Olaf,
>>
>> Am 28.07.20 um 13:11 schrieb Olaf Meeuwissen:
>>> Hi Ulf,
>>>
>>> Ulf Zibis writes:
>>>
>>>> is there any place on sane web site to share scanner firmware?
>>>>
>>>> E.g. for Mustek ScanExpress 1200 UB Plus I could share *SBfw.usb* (got
>>>> from here: http://www.meier-geinitz.de/sane/gt68xx-backend/)
>>> No.  And for a good reason.
>>>
>>> Most firmware files are extracted from the vendor's Windows and/or Mac
>>> drivers.  These drivers come with a license and unless that license
>>> explicitly allows redistribution of the firmware file (without the rest
>>> of the driver), redistributing it is bound to get you into legal
>>> trouble.
>>>
>>> In addition, the SANE Project's web site is published on servers
>>> maintained by GitLab.com so we have to abide by their rules as well.
>>> Naturally, GitLab.com doesn't want to get into legal trouble itself and
>>> requires that you have permission to publish whatever you publish.  If
>>> you don't have that permission, you run a the risk of getting "kicked
>>> out".
>>>
>>> # I'm paraphrasing from memory.
>>>
>>> I had a quick look at the page you mentioned and could not find any
>>> mention of licenses for the various firmware files ...
>>> Definitely going out on a limb there.
>>>
>>> Hope this helps,
>> Thanks for your explanation.
>>
>> Yes, it's a difficult subject with these licenses.
>>
>> I would say, if one owns the hardware, he is automatically legal owner
>> of the firmware.
> I'm afraid that's where you're wrong.  At least in the general case.  If
> firmware files are needed by any SANE backend, it typically means that
> it needs to be sent to the device before said device works.  As soon as
> you power the device off, whatever was sent to the device just sort of
> "evaporates" and needs to be sent again.
>
> This is different from firmware that is preloaded on the device when you
> buy it and a SANE backend works without any firmware file.
>
> If a firmware file came with a vendor provided driver, it is covered by
> the license that came with the driver.  You normally don't own anything
> and just (barely) get the right to use it.
>
> Hope this helps,

I know, that the firmware must be uploaded to the device on every usage.

By "owning" I mean, that I have the vendor driver. If for what ever reason I'm missing this driver, I see no legal problem to use a copy of this driver, I get from elsewhere, because I have the license to use it by owning the hardware. The only problem from my point of view is, if "elsewhere" is allowed to share it to me, even if "elsewhere" has no license to use it, particularly if the vendor has no support for re-shipping the driver.

-Ulf