Dealing with the regulators
Posted Jan 26, 2007 1:43 UTC (Fri) by
JoeBuck (subscriber, #2330)
Parent article:
A report from the Linux wireless developers meeting
There should be some way to convince regulators that we can solve this without mandating closed source. After all, tinkerers can already build pure-hardware devices that violate FCC regulations (or the equivalent in wahtever country you are in), and we don't ban the sale of discrete resistors, capacitors, and inductors. But someone might build an oscillator that knocks out radio reception! The answer is that the end user who does that violates the regs.
Perhaps something can be worked out with the FCC and other regulators that resembles the crypto-export compromise, where both sides understand the others' needs.
Here's one possibility: separate out a constraint mechanism (e.g. limitations on frequencies and power to be used) from the driver itself, and design drivers to check constraints before reconfiguring the device. Constraints files can be kept separate, so that if you take your computer to a different country where the unlicensed wireless bands are different, you'd load a new constraints file to keep you legal in the new country.
There could be a separate set of constraints that keep you from setting fire to the device (if some combinations of paramaters would cause excessive power consumption, for example).
The code that actually enforces the constraints could be GPL, and could contain an advisory note that a user who changes the file might risk violation of radio regulations, not for the act of changing the file, but of possibly exceeding legal operating specs. The author and distributor would not be forbidding the end user from modifying the file(s), so the license would not be violated.
As IANAL, I don't know whether it would be possible for some governments to only certify the device if some piece of the driver were unmodified. If the user is still permitted to distribute the code, modify it (with prominent notices saying it's been changed as the GPL requires), and distribute the result, maybe it's no violation of the GPL for a third party (a government) to say you can't operate a device that has a radio transmitter if the little piece that restricts the parameters has been changed. But we might be able to live with that.
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