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CherryOS is dead! Long live PearPC! 118

Posted by timothy from the now-it's-officious dept.
trygvebw writes "Earlier today, an entry was posted on Arben Kryzeiu's blog, stating that he was stopping development of CherryOS. CherryOS was an application sold by MXS, inc, which was clearly an illegal rip-off of the open-source PowerPC emulator PearPC. CherryOS is dead, long live PearPC!"
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CherryOS is dead! Long live PearPC! More

CherryOS is dead! Long live PearPC!

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  • great! (Score:3, Funny)

    by croddy ( 659025 ) on Saturday May 07, 2005 @02:47PM (#12463239)
    now, what about those video codec products that are full of GPL'ed code?
    • Maybe there is a gentlemen's agreement not to bother codec makers about using GPL'ed code if codec makers don't bother users about using illegal codecs with things like VLC.
      • VLC is based in and distributed from contries which do not respect software patents, this is one reason the EU software patent issue is a major problem
      • English is easier said than done, can only be said by a person who has never traveled to random points in the USA, and then gone to the UK.

        English gets it's own unique dialect for every 100 miles of travel. neighboring dialects are close, but when you travel 1000+ miles things get complicated, The basics are there but the phrases are not.

        • English gets it's own unique dialect for every 100 miles of travel. neighboring dialects are close, but when you travel 1000+ miles things get complicated, The basics are there but the phrases are not.

          You forgot that the dialect can vary wildly within the same local. For example, have you ever tried talking to an "average" teenage girl? Not only do they say things like "like" and "ohmygod" way too much, but the FBI agents who come to talk to you afterwards will almost certainly speak in a completely diffe
    • No one has stop legal steps against MXS, and Arben Kryeziu.

      Just stopping their release of the product does not absolve them of former infringements.

  • And what about VX30? (Score:5, Interesting)

    by wan-fu ( 746576 ) on Saturday May 07, 2005 @02:49PM (#12463247)

    The company still hasn't answered any questions about VX30 (possible GPL violation? [slashdot.org]). Does anyone have news/updates about this?

  • Text of Arben's blog. (Score:5, Informative)

    by Anonymous Coward on Saturday May 07, 2005 @02:52PM (#12463259)
    The last bite on CherryOS

    I decided that C-OS is not worth the hassle, not now or in the future. C-OS went to work without brushing its teeth or taking a shower, it was not ready.

    Other current open source projects are progressing to the desired product; Qemu will soon support OS X and lead the way. Or maybe I am wrong and someone else will make a fast lead.

    I love my Mac and would never switch back, sure I use my PC for work but that is just a bad habit that I am trying to get rid of. A friend of mine asked me why I am still creating software for Windows and that question is not getting out of my head. Oh yeah, I know - everyone out there who has their certain opinion about me will have their great comment hour right now. Its ok I expect that anyway.

    Now what?

    Don't know and won't know for a while.

    I will go kite boarding or go fishing, get some air before I go back to my beloved square box. Tiger is great, amazing features and I love the hidden details. Don't know how Longhorn is going to compete with this OS now, would love to know what BG has planned for the future of Windows other than the marketing details.

    What will change everything is WIFIMAX, wow it will be the first step into a security nightmare and communication dreamland.

    • Re:Text of Arben's blog. (Score:5, Interesting)

      by Anonymous Coward on Saturday May 07, 2005 @03:00PM (#12463298)
      Oh yeah, I know - everyone out there who has their certain opinion about me will have their great comment hour right now. Its ok I expect that anyway

      So you should, scum. Code that I wrote for PearPC was found in CherryOS, and you went along with the bullshit that it was only similar because it "ran the apple code".

      You're a liar and a thief.

      • Re:Text of Arben's blog. (Score:4, Insightful)

        by Anonymous Coward on Saturday May 07, 2005 @03:46PM (#12463526)

        You're a liar and a thief.

        He's a liar, a copyright infringer and a plagiarist. He's not a thief.

        I think he's scum too, but that doesn't change the nature of his actions.

        • Oh yeah?

          He stole code from one open sourced GPL'd project and put it into his closed project.

          I call him a thief.
          • In order for theft to occur he would have to take something away. He didn't steal anything. He COPIED code from one open sourced GPL project and put it into his closed project. The PearPC project still has all of their code.

            • Re:Text of Arben's blog. (Score:5, Funny)

              by rogabean ( 741411 ) on Saturday May 07, 2005 @04:11PM (#12463681)
              Bah another slashdot semantic war over the word "stolen".

              v. stole, (stl) stolen, (stln) stealing, steals:

              1. To take (the property of another) without right or permission.

              Did he or did he not take property? The code belonged to the developers. He had taken code that belonged to someone and else.

              It's theft of intellectual property. Yes it's plagiarism as well. I consider plagiarism just another form of theft.

              To steal doesn't imply that the victim no longer has something. It states that something was taken from them.

              Bah! it's Saturday and I'm arguing semantics on Slashdot.
              • Ah but if you say that he stole from you then the people that download MP3s, and movies have also stolen. That is not something that people on Slashdot want to hear.
                • Ah but if you say that he stole from you then the people that download MP3s, and movies have also stolen.

                  Yeah, but unless you can prove it has happened, IE You don't have the mp3/movie anymore, then I doubt that theft can be factually applied here, but instead see it only used emotionally.

                  • Interesting... The idea of if no one saw you it never happened...
                    So as long as you are not caught it is okay... So if someone copies a huge chunk of GPLd code and sells it as their own.... As long as no one finds it then it never happened....
                    • Interesting... The idea of if no one saw you it never happened... So as long as you are not caught it is okay... So if someone copies a huge chunk of GPLd code and sells it as their own.... As long as no one finds it then it never happened....

                      No, just that the crime is not nessecarily theft philosophically (succesfully argued against calling it theft) and never theft under law, but always wrong either way.

                • Infringing copyright is hardly morally better than stealing, is it?
                  • Infringing copyright is hardly morally better than stealing, is it?

                    That is one question that varies from personal morals/opinions of one person to another. I personally think it is only morally "better" in certain cases, equally wrong in other cases, although they are still different crimes in terms of what happens. Just my personal opinion it is.

              • It's theft of intellectual property

                Look, I don't like what he did either, but if " theft of intellectual property" exists, then why are pirates not in jail for this, or being prosecuted for it? Simple, the guy commited a copyright/GPL violation. Yes he was wrong, but the crime is not any form theft but instead an infringement. Legally those who pointed it out are correct. Nothing was really "anek" merely copied, and the supreme court ruled piracy and copyright infringement a crime, but not theft.

                Ye

              • According to merriam-Webster

                "1 : to get into one's hands or into one's possession, power, or control: as a : to seize or capture physically b : to get possession of (as fish or game) by killing or capturing c (1) : to move against (as an opponent's piece in chess) and remove from play (2) : to win in a card game d : to acquire by eminent domain"

                In every definition of take there is either a direct requirement or implied requirement that in order to "take" you have to "take away" something. Cut-paste take
              • It's theft of intellectual property.

                There is no such thing as "intellectual property" except as a bad metaphor. Ideas are not the same as real estate or physical objects.

                There are legal entities of copyright, trademark, and patents. Violating these may be illegal, but is not theft, it is infringement of the copyright/patent/trademark.

              • Look it up in Black's Law Dictionary sometime. Theft is generally defined as taking someone else's property with the intent to deprive the owner of its use. No deprivation? Then it's not theft.
              • Much like a rapist can steal someone's virginity... although they can't get that back...
              • "taking" implites that you have their item, and they do not. If I "take" an apple from you, you no longer have that apple. It's closer to plagarism then theft.

                Now I now you can say "he took that code from pearpc", but this is simply not correct... he copied it.

                While I get tired of /. arguments about this sort of thing, I really agree with those who say it isn't stealing, and it shouldn't be labelled as such.

                Just because it's in every day usage, doesn't mean it's correct.
              • When something is taken from you, you don't have it anymore. That's what the word means.

                If I copy something, you still have it. So nothing has been taken from you.

                I'm not saying that what this joker did was OK, I'm saying that it's not called "stealing".
          • Hes a plagerist , though I consider plagerism as reprehensible as theft.
            I suppose though , plagerism could fall under the bracket of theft(pure semantics) .The GPL ideals are about the freedom of the code and about keeping it free .What he did was restrict the freedoms of the code, plagerised the pearPC teams hard work and he did not return any changes he had made .

            Its seems rather silly to me , All he would have needed to do would be to return changes and provide source code .The target audiance are most
          • Oh yeah?

            He stole code from one open sourced GPL'd project and put it into his closed project

            I call him a thief

            sorry, the original sourcecode was never stolen. (if it was, you wouldn't be able to download it at the pearPC website).

            The GNU shouldn't be used in the same sentence as the word free. The free software foundation is just as bad as the BSA. Instead, however, they make their money off of GNU violations than companies that have installed commerical software illegally.

            software freedom is the
      • Smeagol: No, no!
        Gollum: And a murderer!

        Smeagol: ... You win. Go away! Go away.
      • This is always a fun argument. ;)

        The word you're looking for is "plagiariser" or "plagiarizer" probably if you hail from the far side of the pond.
      • Give me a break. Anyone can see that this was a dumb kid who was looking to make a quick buck. It's obvious that he didn't understand the GPL and just lifted the code.

        Can't you see the hints in his writing style? Can't you understand that when you ravenous mad foaming at the mouth dogs came for him he dug in his heels and kept at it?

        This kid is NOT scum. He isn't half the villian you losers make him out to be. I feel bad for him. He obviously has *some* talent. No one has suggested to him to help w
        • Maybe if Cherry-OS had gone quietly into the night (with a little "my bad" message) the FIRST time that he showed it off, and everybody and their brother explained to him that what he was doing was ripping them off, your defense would hold some water. But they kept trying to push it, and kept trying to claim it was original work, in the face of overwhelming evidence to the contrary. This makes him more than dumb, foolish, and incompetant. It makes him a grade-A jerk. And the longer that a person acts li

        • Arben Ain't A Kid (Score:3, Insightful)

          by cmholm ( 69081 )
          Whatever he is, Arben Kryeziu ain't a kid. He got himself from Albania, to Germany, and then to Hawaii in search of his fortunes. He met his wife while vacationing in Hawaii. He's an adult who hooked up with a Maui businessman, Jim Kartes, to crank out software and IT services.

          Arben seemed to be doing just fine until he pulled this cheap stunt. I'll bet a lunch at L&L Drive Inn that Jim told Arben to pull the plug on this Cherry thing, once he realized that the bad PR threatened to shit-stain his busine

        • Making a mistake and owning up to it is ok.

          Making a mistake and lying about it gets a lynch mob.

          Hopefully, others will see the example made of him and make an effort at leading an honest life.
    • If they really did write Cherry OS from scratch, as was asserted over and over by these thugs, then consider his comments again:

      I decided that C-OS is not worth the hassle, not now or in the future. C-OS went to work without brushing its teeth or taking a shower, it was not ready.

      Or to rephrase: "I decided that even though I spent millions of dollars and several years of my life building this product, the moment I was challenged by these horrible guys that want to ruin me by claiming I stole their

  • Shame (Score:1)

    by thsths ( 31372 )
    I think it is a shame that this "episode" was so destructive. Many similar open source projects have benefited quite a lot from a company that is "productising" the development versions. Think wine, think Qemu, think Mozilla: they all have commercial partners that apply the last polish and charge money for that.

    The same could have been true here, if MXS had been a bit more open and honest. After all, the GPL does not prevent you from charging money.

    As it is right now, PearPC seems pretty dead. By now, Qem

    • Re:Shame (Score:2, Interesting)

      by Anonymous Coward
      it only takes a clever delevoper to make it boot Mac OS X. Which would be awesome.

      It would be a much smarter developer who could get Mac OS 9 booting on an emulator. Why bother emulating what's essentially Just Another Unix, when you can run something truly unique and elegant that you can't get anywhere else.
      • Sheepshaver will boot OS9 (up to 9.0.4) and some work has went into getting it booted under PearPC as well.
      • I thought Mac OS X was a lot more than just another Unix. If I only cared to run Unix, I'd just run some Linux distro on an x86 computer.

        Actually, I do run Linux distros on a couple x86 computers running as servers and other network machines that run Linux, but I control them using a Mac, so I get a great GUI desktop interface and still have compatibility with Unix software.
        • too true , and you can infact run the unix base of OS X on x86 http://www.opendarwin.org/ [opendarwin.org] without the aid of an emulator.
          What i find to be the charm of OS X is the coupling of a great unix core with a charming GUI and the applications therein(naturaly also the frameworks aswell)

          If all you care about is the unix base in os x then opendarwin is progresing steadily ( http://www.xdarwin.org/about/ [xdarwin.org] may also be of intrest)

    • Re:Shame (Score:5, Informative)

      by rogabean ( 741411 ) on Saturday May 07, 2005 @03:09PM (#12463335)
      On what do you base that PearPC is dead?
      PearPC happens to be very much alive and alot of work is still actively being done on it...
      see: PearPC.net [pearpc.net]
      • But since there hasn't been a release in 8 or 9 months, and only one news post in that time, it IS dead as far as the public is concerned.

        Besides, unless PearPC sees some hefty speed improvements, it won't be terribly useful no matter how "alive" it is. 15x slower than host? At that speed it will be years before PCs are fast enough for PearPC to be used by regular people to run their favourite OSX apps, and by then Apple will have something else out that people will want to run.

        I also don't understand why

        • Re:Shame (Score:3, Informative)

          by rogabean ( 741411 )
          Try a release from my site:

          PearPC Downloads

          I happen to use PearPC on a daily basis and would say that it has achieved somewhere around 10x slower then the host. It is getting faster. True the "official releases" haven't been updated in a while, but I promise you ALOT of work is still going on.

          • Re:Shame (Score:3, Informative)

            by rogabean ( 741411 )
            PearPC Downloads [90megs.com] (oops hit plain old text on last comment out of habit messing up the link)
            • That indeed seems to be a hefty speed increase, and on it's way to being usable as a general-use application. However if so much development and improvement was going on in the background, how come nobody ever updated the PearPC site? You'd think that in 9 months somebody would have had time to write up a paragraph on occasion.
              • From what I heard, they were holding off on their patches so that CherryOS would fuck off and die.

                If you saw a product that was clearly a rip-off of yours, you'd hold onto your new developments too.
                • But if CVS was still being updated, and the patches were still being published, then what was to stop CherryOS from using those?

                  And why did any of this prevent news updates?

                  • Re:Shame (Score:1, Insightful)

                    by Anonymous Coward
                    Read the pearpc-devel [sourceforge.net] mailing list or the PearPC.net forums [pearpc.net] - there are updates to the code daily! Just because they haven't released a new stable version, it doesn't mean that the development is dead. The developers of PearPC are working on OpenBIOS support, enhanced Altivec and hwmmu.

  • Wasn't ready??? (Score:2, Insightful)

    by waffleman ( 697097 )
    Amazing reasoning for quitting the 'project'. "I decided that C-OS is not worth the hassle, not now or in the future. C-OS went to work without brushing its teeth or taking a shower, it was not ready."

    Apparently, he means that he couldn't dress up an open source project enough before violating the copyright. Strange justification for stopping. Or maybe his potential customer realized that they were dealing with a crook and the 'worth' evaporated.

  • Didn't they also announce they were going open-source [slashdot.org] not long ago?
    What ever happened to that?

  • Why isn't the legal case moving forward anyways? (Score:3, Insightful)

    by Lead Butthead ( 321013 ) on Saturday May 07, 2005 @03:14PM (#12463365) Journal
    A license violation is a license violation. Stopping now does not undo the past violations. They did profit from license violation, and that violation must be paid, one way or another.
    • Sometimes its better to just let things go . Sure a case may have ment another Test of the GPL in court , but it would also mean the folks behind PearPC would have less time to hack away at the code.

      With the demise of CherryOS , most likely from the presure of the aligations, We can rest easy for now . It may not be an ideal victory , but a victory non the less

      It atleast shows that the community and the GPL are begining to hold alot more sway .Far better this I say than making a few more lawyers rich off of IP litegation.
      • no, if this thieving and plagerising two-legged sack of crap gets away with his actions, then other companies may feel the potential benefits of stealing open source code and claiming it as their own outway the consequences of discovery. Look at SCO, they not only used GPL code, but then try to extort license fees for and claim ownership of GPL code. This evil has to be nipped in the bud NOW, or the freedoms that open source developers give to the users, and the freedoms we users have will be taken away.
        • I do agree , I just have a rather large aversion to using lawyers .
          I look at it like this..
          He has given into the presure of the community with only the threat of using the lawyers , This says alot about the percived strength of GPL in a legal setting .

          SCO on the other hand struck first attempting to exploit the GPL with patent litegation and license fees, Legal action here was unavoidable and was used (Rightly so).

          Perhaps i am being a little soft here .
          I agree He should be made to comply with the GPL and
      • I was on this case from the beginning to test the GPL. There's really no other issue here. I have no problem with people making money from selling PearPC, as long as they comply with the GPL. If they hadn't been idiots, they could have worked with us, instead of against us.

        Anyways, as a development community, we weren't spending really any time working on this issue, at least not development time. Though, I still intend to see this issue dealt with properly, and in court if it must.
      • See article here [slashdot.org]

        If it's a one-time offender you might not want the hassle of persuing them. If they're repeat offenders and just keep trying to get away with ripping off other people's code, they need to be nailed (perhaps the PearPC and other developers who have had their GPL product violated can band together against these scummy ripoff artists).
  • CherryOS has ripped off a lot of code from pearpc(licenced under the GPL). Shouldn't they be sued regaurdless of weather they plan to distribute it furter? Isn't this just a message saying 'Yeah you can attempt to rip off out code, you can just stop development and not release the source code if you happen to get caught'

    • Re:What about the code they ripped off? (Score:2, Insightful)

      by Anonymous Coward
      Ummm... who is gonna sue CherryOS? The developement team on PearPC? I'm sure that it's not worth the cost of a lawsuit. CherryOS is done, finished, kaput; we can all get back to life now that this little episode is over.
  • I don't know about you, but I always feel a sense of justice when someone's blog is flooded with comments when they do or say something stupid.

    However, when I tried to post a message, it gave me some lame error message (I think related to an invalid SQL query). But I found that if you write the message in the Name field (the very top input field), and leave the message empty, it posts fine. You might also want to use a public proxy server, since you can only post one message per hour per IP address.
  • Its good to see what the community is capable of doing to shut down people who copy work and give it their own name, nonetheless, make a profit off of it. Long live Open Source!
  • Don't you have to start first in order to stop? Did they ever start? Probably stopped called it "theirs."
  • Their website was announcing that they were going to opensource CherryOS. I guess a 1 KB diff mainly to remove copyrights wasn't enough to build a community on :P

    Good news, one less parasite. I know it's against Apple's business model, but I wish they'd allow usage of MacOSX on PearPC officially, it's a damn useful too to get PC programmers introduced to the Mac at no cost (the mini is cheap, but still an expense). Hey Apple, it's in your long-term interest to get more applications on OSX :)

    Cartoon miniat

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