Finding the Pits In CherryOS 494
An anonymous reader writes "DrunkenBlog is carrying a story with piles of gathered evidence (including screenshots of code diffs) exposing the speed claims of CherryOS, and that the company behind it (Maui X-Stream) is not only stealing code from the open source project PearPC but at least several other OSS projects too. There are some choice quotes from PearPC developers on how it is harming their project. They appear to have a strong case, but enforcing the GPL could take help."
Does this? (Score:4, Insightful)
In all seriousness though, this looks like a perfect time to test the GPL in cou rt (if they make it that far.)
Does their use of OSS without complying with GPL violate copyright laws or justlicensing laws?
Steal or Copy? (Score:3, Insightful)
Stealing code? I though they were wrongfully copying it, or did we completely throw away the concept of copying alltogether?
Re:Steal or Copy? (Score:4, Interesting)
Re:Steal or Copy? (Score:3, Informative)
Re:Steal or Copy? (Score:4, Funny)
No, they didn't steal it. (Score:3, Insightful)
The sad truth... (Score:5, Insightful)
Re:The sad truth... (Score:2, Interesting)
If anything else I'm sure that somewhere out there is a geek lawyer who wouldn't mind taking a shot at it if s/he could be reimburst for expenses.
Re:The sad truth... (Score:5, Informative)
Re:The sad truth... (Score:3, Funny)
"Troll"??? (Score:4, Informative)
Re:The sad truth... (Score:4, Informative)
--
What's worth doing is worth doing for money...
That does not mean the license has no teeth, just like many other civil laws: you have to have the money to go to court.
Oh and regarding your
Re:The sad truth... (Score:2)
Yes. I support legalized prostitution.
Re:The sad truth... (Score:3, Insightful)
Look at the Linux phones out there. None of the phone manufacturing companies supplying the OS on those things have released ANY code for those phones.
And that's Linux itself!
Why isn't anyone doing anything about this?
Re:The sad truth... (Score:2)
To be more specific;
Read the GPL (and any other licence that applies). The source code offer is based on distribution for most of these licences...though the detai
Re:The sad truth... (Score:4, Informative)
Remember - as long as it's not a modification of or using parts of GPL code, then you can do what you like with it.
Re:The sad truth... (Score:4, Informative)
You are correct that they don't have to give out the source to their own binaries, as long as they're not GPLed or derived from GPLed software.
Re:The sad truth... (Score:3, Informative)
Re:The sad truth... (Score:4, Informative)
This is incorrect. Read section 3 in context
Quoting from http://www.gnu.org/copyleft/gpl.html [gnu.org]:
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
[My emphasis]
Thus you only have to comply with one of either (a), (b) or (c) and it is perfectly legitimate to sell GPL software and only provide the source with the purchased binary (thereby meeting the requirements of section a). Mind you, anyone who buys it can then quite happily make it available for free download if they want
Re:The sad truth... (Score:3, Informative)
Sorry
The sadder truth (Score:5, Funny)
The saddest truth is that I'll probably be modded funny (at best) or troll, instead of insightful. =)
Re:The sad truth... (Score:5, Informative)
http://www.fsf.org/licensing/licenses/gpl-violati
Regarding these cases, Eben Moglen (the FSF's general legal counsel) once told me that the reason you've never seen a GPL violation case go to court is because it's always a slam-dunk case that will be decided in your favor; that it's always in the infringer's best interest to settle out of court. I don't know how self-serving that statement was, but it's worth pondering at least. It's been my experience, in any case.
Re:The sad truth... (Score:3, Interesting)
It's not self-serving at all - at the heart of the GPL lies the power of copyright law. In court the plaintiff will say "Your Honour, Infringer A is distrbuting my copyrighted work without permission - make him stop please." Infringer A has two choices: a) admit copyright infringment and get fined or jail time OR b) say "I have a license to do so - the GPL." Either way, he loses. Moglen and Stallman knew exactly what they
Re:The sad truth... (Score:3, Funny)
Re:The sad truth... (Score:3, Interesting)
In a typical RIAA displute, the RIAA has deep pockets and ample lawyers. They're bringing a case against some poor schmoe. The schmoe isn't really profiting from the infringement. But it's in the schmoe's best interest to settle.
In a typical GPL dispute, some poor schmoe like me brings a case against a company with comparitively deep pockets and ample lawyers. The company's profiting from their infringement. But
Re:The sad truth... (Score:5, Informative)
Bruce
Re:The sad truth... (Score:3, Insightful)
If they've given you a binary, you have the right to the source code under the GPL.
Bruce
Re:Are the interfaces copyrightable? (Score:3)
Bruce
Re:The sad truth... (Score:3, Insightful)
This is why we apply the LGPL, not the GPL, to the C library and its headers.
Bruce
Re:The sad truth... (Score:3, Informative)
FSF has also been taking action against GPL infringers for a long time now AFAIK.
Some infringers do get away with it, one such case was a proprietary messenger application misappropriating Psi's [affinix.com] code, but the defense is available if the developers are willing. Another sad case for me are the Linux kernel binary-only modules which apparently aren't perfectly legal either, yet I myself have a D-Link router that contains several. No-one is sure what the c
Grab zagrabyonnoye (Score:2)
If you consider public relations aspect of such a trial, it's really a bad choice. You cannot legally run MacOS on non-Apple hardware, it is explicitely forbidden by MacOS EULA. Obviously CherryOS is an illegal rip-off of a GPL tool - but the legality of said tool is also dubious. It won't look good in the press - I can already imagine headlines quoting the famous communist slogan, "steal what wa
Re:Grab zagrabyonnoye (Score:2, Informative)
Furthermore, no one with half a brain would say that software someone bought and then used on something other than the exact hardware someone else wanted them to is "stealing." That's just daft double-speak.
Re:Grab zagrabyonnoye (Score:2)
Most people from the general press don't know what they are looking at. Take for example, the release presentation for the Transmeta Crusoe back in 2000, some idiot reporter in the audience thought he was speaking for everyone when he said "I think a lot of us came here thinking that you were going tell us that this chip was going to run Windows better and wi
Re:Grab zagrabyonnoye (Score:5, Insightful)
I don't think Apples EULA statement about running it only on apple hardware is legal anyways, it sounds like illegal tieing, but what the hell do I know? IANAL.
Re:Grab zagrabyonnoye (Score:5, Insightful)
It may be true that no GPL cases have come to court (although I'm not sure about that either). But there has been a very large number of infringement claims that never made it to court, becuase the guilty party gave in. In summary, to win against the GPL, you cannot argue that it is invalid: if it were invalid then normal copyright law would mean that any copying or distribution was illegal - so that approach would be the lawyer equivalent of shooting yourself in the foot. Instead you would need to convince the judge that it is both valid but allows more than it appears to allow. But that is a difficult case to argue ;)
Warez too! (Score:5, Informative)
Re:Warez too! (Score:2)
What are the losses to PearOS? Just run sloccount on the source.
Mirror (Score:3, Informative)
More /. HYPOCRISY (Score:3, Insightful)
I may get modded down for this (I know, it's a cliched phrase), but I'm getting incredibly sick and tired of these CherryOS articles and their "stolen code" discussions.
Slashdot and its readership are quite happy to demonize the RIAA when it goes after infringers of its copyright. Posters will go so far to defend piracy that they will even initiate pointless discussions about how copyright infringement isn't theft (it is, because you are depriving them of revenue they would otherwise be receiving), and t
Right back at you: (Score:4, Interesting)
Your points would be valid if they weren't so automatically cynical.
No, Slashdot is for the freedom to do things without big corporations having the means or possible means down to breathe down everyone's back, or against laws that are contrary to fair use. Many slashdotters don't practice what they preach, but to treat all slashdotters as equally hypocritical is itself hypocritical, unless you yourself are hypocritical. In either case you are a hypocrite. Slashdot *would* be okay with the RIAA pursuing legal infringement if they weren't trying to sue for $150,000 per song (or something). Do you think that the PearPC would claim millions in damages to Maui X-Stream? Duh, no. P2P copyright infringement is not theft. Selling copyrighted materials is. Taking GPL code is not theft. Selling GPLed materials is.
You take three extreme examples and apply stereotypes to all three. BTW, saying "but it applies to the majority" and then talking about "ridiculous double standards" is also a double standard. Congrats on hanging yourself with your own rope, hypocrite.
Re:More /. HYPOCRISY (Score:5, Insightful)
I think that Slashdot as a whole tends to be against making money without making a useful contribution to society, and against corporatism. So they're OK when someone patents a specific, useful, non-obvious idea and makes money from it, but not when a corporation which probably didn't invent the idea buys up an obvious patent and goes around suing people who are using the idea independently. Similarly, if someone copyrights a work and makes it available at a reasonable price, most Slashdotters would be fine with that, even if they would prefer that he give it away. But when the RIAA gets rich by selling crap music with ridiculous contracts to prevent the artists from making a buck, this is a bad thing.
My personal views are pretty similar. I hate obvious patents, especially software and business method patents, and patent-whoring companies as well as copyright-whores like the RIAA (but their music is mostly crap, so I don't pirate it). I'm fine with copyrights on say Windows (although I wish it were better), and I think the copyrights on PearPC are legit also. Personally, I try to make my work public domain, because it's not good enough to sell and I don't want people to bother about credit, but if I do something saleworthy, I'll certainly sell it.
Re:More /. HYPOCRISY (Score:3, Insightful)
Re:More /. HYPOCRISY (Score:3)
It gets even more extreme than that. If someone uses code released under a completely different license, say BSD, and doesn't "give anything back" to the posters personal satisfaction, they are considered to be stealing.
A lot of the problem is that there is a natural tendency to side with the little guy against a perceived bully. It's giving favor or support to the underdog. This is all fine and good, but what happens when the u
If the court decides they should compensate... (Score:5, Interesting)
Re:If the court decides they should compensate... (Score:2)
Re:If the court decides they should compensate... (Score:2)
In otherwords, it's not so much "we made $x less because you stole our code" but rather "you made $y that you didn't earn, and by violating the agreement that gave you the right to use the code"
This would be anticlimactic (Score:5, Insightful)
Re:This would be anticlimactic (Score:2, Funny)
worked for mr. gates, didn't it?
Why does CherryOS even bother? (Score:4, Insightful)
Re:Why does CherryOS even bother? (Score:3, Insightful)
so you might get to see people buying their ripped of software, yes.
Not everybody knows (Score:5, Informative)
It's worth making some noise even about something this blatant.
Re:Why does CherryOS even bother? (Score:4, Informative)
Correction: Everyone on Slashdot and the PearPC forums.
already slow... (Score:5, Informative)
Article through mirrordot [mirrordot.org]
Re:already slow... (Score:2)
contact the EFF and the FSF? (Score:3, Interesting)
if I was a PearPC developer, I would.
this is blatant theft.
Re:contact the EFF and the FSF? (Score:2)
Also, I was acutally under the impression that the FSF only defends their software (i.e., stuff they hold the copyright to). The EFF is probably a better bet.
Re:contact the EFF and the FSF? (Score:2)
but, I have contributed to several projects, and continue to do so. (PearPC is not one of them)
however, as a contributor, if I saw the project that I contributed to, I would be completely outraged.
Just reading about this happening to PearPC makes me very angry.
It could happen to me!
I would feel as if it was stolen from me.
Granted, code isnt something 'tangible' but the fact remains, they cook the code from the project, repackaged it and are now selling it
t
Re:contact the EFF and the FSF? (Score:3, Insightful)
But regardless of my personal feelings, I have to be fair. I refuse to call what the CherryOS guy did "theft" because I don't want the RIAA calling copyright infringment of their songs "theft." I would rather be pedantic than hypocritical.
It's just like the recent murder spree we've had here in Atlanta (where I happen to live). This guy was on trial yesterday for rape, when he grabbed the bailiff's gun, killed him, the judge, and a
Re:contact the EFF and the FSF? (Score:3, Interesting)
This crime actually involves two seperate considerations:
1 CherryOS apparently is in violation of current copyright law.
1b. This violation aledgedly came about in part through breaking a contract (1 or more examples of the GPL). That's a civil matter, not a criminal one, so the GPL violations themselves definitely aren't theft in just about anyone's book.
2. In this particular case, the copyright violation was intended to lead to CherryOS getting paid money for someone else's work. Th
You've got to laugh... (Score:4, Funny)
I mean, even the name itself smacks of copyright infringement...
Copyright infringement is NOT THEFT! (Score:5, Informative)
It does not matter who's copyright is being infringed or who is claiming it, it is STILL NOT THEFT.
I'll bet I'll be modded down now, since this sort of thing is only accepable on an anti *AA thread.
Re:Copyright infringement is NOT THEFT! (Score:3, Insightful)
If I download a song by *insert popular music person here* and claim that I performed the song and cha
Re:Copyright infringement is NOT THEFT! (Score:5, Insightful)
No, you're not. If while he was distracted you grabbed hold of the plans he'd written down and walked off with them without permission then that would be theft. Claiming his work as your own would be fraud. Duplicating his work and distributing it without permission would be copyright infringement.
Re:Copyright infringement is NOT THEFT! (Score:2)
MOD PARENT UP! (Score:2)
I, for one, am not a hypocrite. What the CherryOS guy is doing is wrong, but it's not theft. It really is copyright infringment, even if we don't like it this time.
So, who else here on Slashdot has the integrity to stand with us?
Semantics (Score:2)
If your next step is to say that "copyright infringement" is not a crime, then "integrity" is not the word I'd use to describe your position. They're taking credit for something they didn't do, and violating the license to boot.
What punishment is appropriate is entirely open to debate (I'm not certain what an appropriate punishment for ordinary theft would be). I find that a far more i
Re:Semantics (Score:2)
On that note, I'm going to continue and agree with you that yes, copyright infringment is a crime (assuming civil offenses are crimes) in both cases.
Now, the difference comes when you start talking about the morality of the two situations. In other words, they're both copyright infringment, and both against the law, but the public infringing the RIAA's copyr
Re:Copyright infringement is NOT THEFT! (Score:3, Insightful)
Re:Copyright infringement is NOT THEFT! (Score:2)
Re:Thieves? (Score:2)
How about a legal fund for PearPC? (Score:3, Insightful)
GPL coders (Score:4, Insightful)
Actually.... (Score:3, Insightful)
One one hand there's the desire to "send a message" but on the flip-side, some OSS developers feel that it's important not to totally alienate the commercial devel world, and understand that sometimes screwups and misunderstandings happen. Especially in a world of cheap contractors, offshoring, MCSEs who think they'r
This is news? (Score:2, Insightful)
Re:This is news? (Score:2)
So if the SCO Lawsuits were Good for Linux... (Score:2, Insightful)
It seems like this might be a good case if the evidence is really so strong.
Damn those code thieves! (Score:4, Insightful)
Can we just call it breach of license and stop being all dramatic about it?
The Opensource Community needs to pull together (Score:4, Insightful)
You know what's funny (Score:5, Insightful)
CherryOS is given too much credit (Score:4, Funny)
Is Pear allowed to... (Score:4, Interesting)
Re:Is Pear allowed to... (Score:3, Informative)
Yes, first, click-through EULA's are iffy anyway, and second, if you can extract the data from the SETUP.EXE program, you can do anything, since their site allows downloads without accepting the EULA [slashdot.org]!
DMCA, reverse engineering? (Score:2)
I dont know what levels people are going to find this information, granted its ovious that nearly the entire project is stolen from one or more other projects, but could they use this as a line of defence?
Anonymous? (Score:3, Interesting)
Gee. I wonder who that could be [slashdot.org].
How to avoid their EULA (Score:3, Interesting)
On the Trial Download page [mxsinc.com], there are 5 checkboxes you "have" to agree to. If you don't check them, and click Download, it still lets you download with agreeing!
Google Bomb (Score:3, Interesting)
Copying is not Theft (Score:2)
All tell the CherryOS authors how nice they are... (Score:3, Informative)
mail@cherryos.com; press@cherryos.com; info@mxsinc.com; arben@vx30.com; vx30@mauionline.com
I was thinking of posting this anonymously, but I didn't. Feel free to mod me as troll or anything else you want, but before that just think - how would you react if they were doing this to your own software project?
A nice letter is not as much as those guys deserve... They are scammers and deserve to be trusted as such.
The Dan Rather connection... (Score:5, Funny)
"Jim Kartes is the president of Maui-X Stream... He later worked as a news and documentary cameraman for CBS News in New York." (emphasis mine)
I guess we should have seen the writing on the wall.
Trademark infringement, too! (Score:3, Funny)
Why not do something about this? (Score:5, Informative)
This story made me decide to donate to the PearPC project http://sourceforge.net/donate/index.php?group_id=
Trademark (Score:3, Interesting)
Re:When is stealing IP justifiable? (Score:2, Insightful)
Serious question? It's because most people here identify themselves more with the open source movement than with the music industry.
If you steal from my house I will be "up in arms", if you steal from my neighbours house I will be almost as outraged. If you steal from a bank I have no connection with on another continent then I may be interested in the news report, or maybe
Re:When is stealing IP justifiable? (Score:5, Insightful)
The Free Software movement's goal is to increase the availability of software. Free Software advocates want to give control to the end-users. The GPL is designed to prevent people from hoarding it and reducing the availability. It basically uses copyright law against itself*, because if there were no copyright then all software would be Free.
In contrast, the RIAA's goal is to decrease the availability of music. They want to control it themselves. Their use of copyright is designed to augment their ability to control and hoard the music.
Even though both organizations use copyright as a tool, they use it for opposite goals. And that's why we believe copyright infringment is moral in one case and not in the other.
*when I say the GPL uses copyright against itself, I mean the modern (e.g. RIAA's) interpretation of copyright. Originally, the goals of copyright were more aligned with the goals of the GPL, to increase and spread knowledge. It could be argued that the modern interpretation is a corruption of copyright, and the GPL is a device to try to restore its original meaning.
Re:When is stealing IP justifiable? (Score:3, Insightful)
Yeah, sorry about that; I was trying to make my arguments more parallel. Glad to see you know what I meant!
Re:Stealing code? (Score:3, Insightful)
Re:Hypocrisy.. (Score:3, Informative)
Of course, we all know that's not the true purpose behind PearPC, but they could win on a technicality.
Re:Hypocrisy.. (Score:5, Informative)
PearPC - While able to run OSX - it is simply an emulation of PPC hardware. There are plenty of operating systems that PearPC can run eg: linux, bsd , beos etc. It is upto the person running the emulator whether they violate apples licensing agreement.
Cherry OS however - albeit the same thing as PearPC are explicitly advertising their (stolen) product for the purpose of running OSX. They are much more likely to find themselves on the end of an apple lawsuit than the PearPC developers.
Re:Hypocrisy.. (Score:3, Informative)
Yes, it is a really stupid clause, because it's an "illegal tie-in sale". IBM lost that one decades ago, trying to prevent clones of their mainframes. That's how the third-party IBM mainframe market was created.
Nothing to do with licenses. (Score:4, Insightful)
This has nothing to do with licenses, since they are not following the terms of the license (GNU GPL [gnu.org]) offered to them by the copyright holders.
This is copyright infringment, plain and simple.
1) They copied copyrighted works and claim it as their own, in some cases without even removing the orignal author's name and GNU GPL license notice.
2) The only way they can legally use the copyrighted works is by honouring the license under which they authors have released it with
3) They have not honoured the terms of the GNU GPL (Unless they are simultaneously denying the use of GNU GPL'd code and are also providing downloads to said source code).
4) Now we fall back to good old-fashioned copyright law. If you don't have permission, you can't copy it.
Considering the complete lack of evidence of there being even a sliver of their own code in the PPC emulation, apart from doing a "search and replace" for "PearPC"->"CherryOS", then this does in fact need to be taken very seriously.
Ok, so if they follow the gpl, so what?
So what? They wouldn't be breaching international copyright law, that's what.
Contributors to PearPC don't want to work 40hrs a week at their real job and come home to find their pride and joy/hobby being ripped off to profit some wanker who just slapped together a nice VB frontend over a couple of weekends.