The changelog from Ben Collins doesn't mention a licensing issue.

As far as I know, only Debian has issue with the firmwares, other
distros don't, and they are part of the upstream kernel sources. In
fact, the simple fact that Ubuntu kernel source actually ships with the
firmwares included makes it a totally moot point. Not enabling them
doesn't "fix" a possible licence incompatibility since they are shipped
:-)

Hopefully, this is just a mistake from Ben thinking the keyspan_pda
driver is a _replacement_ for the other one. It's not. The keyspan_pda
is a different (and simpler, it's not very reliable at higher speeds)
piece of hardware that uses a different driver. The main keyspan serial
driver is still needed for most keyspan serial adapters (including mines
! Ben, please fix it !!!).

-- 
[gutsy] keyspan serial adapter not detected
https://bugs.launchpad.net/bugs/132106
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