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Castle Technology UK Ripping off Kernel Code?

Jonathan Riddell writes "`It would appear that Castle Technology Limited, UK, have taken some of the Linux 2.5 code, and incorporated it into their own product, "RISC OS", which is distributed in binary ROM form built into machines they sell. This code is linked with other proprietary code.' Full details from Russell King on lkml."

745 comments

  1. Pirates! by Jack+Edward+Valenti · · Score: 0, Troll

    I bet they steal movies from Kazaa too.

    -Jack

    --

    You are all pirates, plain and simple.
    1. Re:Pirates! by Anonymous Coward · · Score: 2, Interesting

      Pretty popular thing to do. IntegrityMessenger.com stole Psi's code (psi.sourceforge.net) not too long ago. All you have to do is run 'strings' on the binary and you can still see word Psi in there.

    2. Re:Pirates! by wcmcgr · · Score: 4, Funny

      isn't it a little ironic a messanger titled "IntegrityMessenger" ripping off someone elses code?

    3. Re:Pirates! by Anonymous Coward · · Score: 0

      well if you're gonna steal code, at least hide your tracks, don't be so lazy! :)

    4. Re:Pirates! by Anonymous Coward · · Score: 2, Interesting

      Even more ironic is that they are a "Christian Messenging Service". What happened to thou shall not steal...

    5. Re:Pirates! by Anonymous Coward · · Score: 1, Interesting

      Hah, I remember that. Before someone complained to them, they had even copied the text from Jabber.org's website word for word, and called the messenger it their own proprietary messaging protocol (patent pending!), when all it was just a stolen jabber client and the default jabber server. What a bunch of losers.

    6. Re:Pirates! by wcmcgr · · Score: 2, Funny

      hahah.. That is even better.. I didn't notice that.. wonder if god made them do it?

    7. Re:Pirates! by Anonymous Coward · · Score: 0

      Speaking of binaries, isn't there some command that lets you identify the type of binary (or file type) a certain file may be?

    8. Re:Pirates! by Anonymous Coward · · Score: 0

      "God told me to skin you alive."

    9. Re:Pirates! by Vishi+Troll+182 · · Score: 0

      Special on Budweiser at Chub's Pub! $17.75 for a 24 case? Did I get ripped off?

    10. Re:Pirates! by You're+All+Wrong · · Score: 1

      That's not stealing - that's _sharing_, and it's what Jesus, your Lord and saviour, told us all to do!

      Now, where's my crack pipe.

      YAW

      --
      Your head of state is a corrupt weasel, I hope you're happy.
    11. Re:Pirates! by Anonymous Coward · · Score: 0

      Yes. If you want to drink piss, just open your mouth near the /. compound.

    12. Re:Pirates! by Golthar · · Score: 1

      OMG, lets slashdot them now!

    13. Re:Pirates! by Anonymous Coward · · Score: 0

      but geee it looks pritty !!!!

  2. Test for the GPL by Picass0 · · Score: 4, Funny


    Let's see if the goat has teeth!

    1. Re:Test for the GPL by PhoenixK7 · · Score: 0, Redundant

      Not even going to go there ;)

    2. Re:Test for the GPL by TheJesusCandle · · Score: 0, Troll

      On their <a href="http://www.riscos.org/">RiscOS site </a>they make the statement:<br><br><i>
      RISC OS is a windows-and-mouse based operating system to compete with Microsoft Windows, Mac OS and Linux in an increasingly computer-orientated world. </i><br><br>

      What cheeky little bastards they are to pirate linux code in an effort to compete with linux.

    3. Re:Test for the GPL by Anonymous Coward · · Score: 0

      Why should we even listen to you when you just proved that you can't even get a /. post right?

    4. Re:Test for the GPL by melloncollienet · · Score: 1

      cruicify them!

    5. Re:Test for the GPL by Anonymous Coward · · Score: 0

      I can't believe you used the word 'cheeky'. It reminds me of hot Dr. Corday.

    6. Re:Test for the GPL by Anonymous Coward · · Score: 0

      I have moderator points right now, and I was going to mod this up for excellent use of the word "cheeky," but then no one would have known why I was doing it.

    7. Re:Test for the GPL by Anonymous Coward · · Score: 0

      Well as Linux distributions seem to include disk formats from RISC OS (ADFS) and some contain a GUI which mimicks RISC OS (the OS used on the Castle Machine), ROX its a bit RICH Linux groupies complaining about an "Unproven" case of copying while THEY make off with as much IP as they can.

      I am sure some people could go all legal (but if they do it may cause a lot of umpleasantness which would reflect badly on both Linux and RISC OS - and let's face it who needs that ?) {Hint Microsoft}

    8. Re:Test for the GPL by Anonymous Coward · · Score: 0

      RISC OS 5.XX may contain Linux code (a VERY SMALL AMOUNT relating to PCI), earlier versions (RISC OS 3.XX and 4.XX) DO NOT INCLUDE ANY LINUX CODE AT ALL.

      So those are not affected, the fundemental change in RO 5.XX was support for PC like devices over PCI.

      Existing hardware (RISC PC, A7000, RISCStation and so on) do NOT use RISC OS 5.XX or the (alleged and not yet proven) copied code from Linux.

      Besides the RISC OS desktop has been copied by Linux distros - or doesn't that count ? (see ROX)

  3. Sue them by HanzoSan · · Score: 4, Insightful


    They should know better than to do this, they deserve to get sued and the money should go back to kernel development.

    --
    If you use Linux, please help development of Autopac
    1. Re:Sue them by fitten · · Score: 2, Interesting

      Who would be the initiator of such a lawsuit?

    2. Re:Sue them by Anonymous Coward · · Score: 0

      I believe that the EFF is proactive in matters like this.
      This isn't the first time.

    3. Re:Sue them by HanzoSan · · Score: 2, Funny


      Lets see, uh Linus?

      I'll tell you what, if he doesnt sue, then I'll take the kernel and release a closed source version of Linux with it and call it LinaazaOS

      --
      If you use Linux, please help development of Autopac
    4. Re:Sue them by Anonymous Coward · · Score: 2, Funny

      Yeah, thats the solution to everything. Sue.

    5. Re:Sue them by Idou · · Score: 2, Funny

      "Yeah, thats the solution to everything."

      It is if you are a lawyer ;)

      --
      Sdelat' Ameriku velikoy Snova!
    6. Re:Sue them by JamPonyXpress · · Score: 5, Interesting

      Actually, what's much more important than any money involved is that a case like this could provide a precedent that would prove that the GPL is legally enforceable - something that has not occurred to date, AFAIK. For this reason it might be a good thing if Castle is (a) guilty and (b) obstinate about it and Linus sues. (I just love the thought of Microsoft quivering.) It would have to be appealed a level or two for the precedent to be strong and widely binding.

    7. Re:Sue them by Black+Copter+Control · · Score: 5, Informative
      Who would be the initiator of such a lawsuit?

      It depends on who holds copyright to the associated pieces of code. Best bet is that it's been assigned to the EFF, but it could also be Linus and/or some of the people who wrote the bulk of the code.

      It'll actually be rather interesting (in ~200 years) when it comes time to determine when the code's copyright expires. Just who's lifetime does each piece of code expire in relation to?

      --
      OS Software is like love: The best way to make it grow is to give it away.
    8. Re:Sue them by wass · · Score: 5, Interesting
      RMS and other folks at GNU typically respond to issues such as these. That is, when people/companies have not followed the licencsing of GPL'd software. I believe the offending party has usually changed their policies and was never actually taken to court.

      IIRC, RMS has actually been anticipating for a serious GPL breach to rear its head, so it can provide an actual legal acid test of the GPL. I don't believe any organization/company has ever gone to court over GPL violations. Winning any courtroom legal victory would be a huge boon to for the GPL, as it would demonstrate it's legal resiliance. IANAL, of course.

      --

      make world, not war

    9. Re:Sue them by Anonymous Coward · · Score: 0

      > Yeah, thats the solution to everything. Sue.

      (Shrug) Well, if you know of another method to compel an otherwise uncooperative company into complying with the GPL, let's hear it. Recall from the reference mailing list post that the company's been unresponsive to several requests for source thus far.

    10. Re:Sue them by mewsenews · · Score: 2, Informative

      As another reply said, it's the FSF not GNU, and I've also heard that Stallman will not take on a legal case involving the GPL unless the copyright for the GPL software has been signed over to the FSF. I might be wrong.

    11. Re:Sue them by Jahf · · Score: 2, Insightful

      Assuming they don't comply with the GPL in a timely manner, by either removing the code or releasing the code they used under the GPL, what precisely would you want to happen next if not a lawsuit?

      Don't criticize unless you have an alternative.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    12. Re:Sue them by molo · · Score: 2, Insightful

      I don't think that there are any pieces of kernel code assigned to the EFF. People contributing to the certain GNU projects are required to assign copyright to GNU, but I've never heard of people assigning code to the EFF.

      Perhaps I'm misinformed though. Do you have an example?

      --
      Using your sig line to advertise for friends is lame.
    13. Re:Sue them by glwtta · · Score: 5, Interesting

      I believe the FSF's stance on this is, the later that the first GPL case goes to court, the better. The thinking is that there is the potential of the judges (and the media, and the public in general) becoming more tech savvy as time goes on; as well as the hope that traditional copyright laws will be adapted to software issues more fully by then.

      --
      sic transit gloria mundi
    14. Re:Sue them by brer_rabbit · · Score: 1

      I agree that it'd be great for a precedent to be set, keep in mind Castle is a UK company. It wouldn't set precedent in the US, but it'd be great for people across the pond.

    15. Re:Sue them by mindstrm · · Score: 5, Insightful

      I'm not sure which part everyone thinks needs to be enforced. If it's "release your code", it's being looked at backwards.

      One thing copyright is clear on: You need permission to use other's copyrighted works.

      If you are taking someone's code, which is available under the GPL, and using it in your own product... the only way you have legal grounds to use it is if you either a) abide by the GPL, or b) get permission from the author.

      If the author goes and says "They are using my code illegally", the company would have to prove they have a license to do so. It's not about the enforceability of the gpl.

    16. Re:Sue them by Anonymous Coward · · Score: 0

      Who would be the initiator of such a lawsuit?

      Class action maybe?

      Just a thought. How come nobody complains about the different distro's that are sold in stores? It's free software after all isn't it?

      OffTopic thought. Microsoft sells its software in stores. But I and thousands of others get it free anyways.

      So maybe the opensource community needs to act like Microsoft and go after violators of IP.

      Ironic

    17. Re:Sue them by jedidiah · · Score: 2, Insightful

      Would you rather we just started shooting?

      Litigation is what civilized societies do.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    18. Re:Sue them by Anonymous Coward · · Score: 0

      I suppose that would go along with the trolling and attempts to collect money with lame-ass WineX referrals on Slashdot, now wouldn't it? Fucking neanderthal.

    19. Re:Sue them by ArsonSmith · · Score: 1

      angry, pitchfork wielding, mobs. much more civilized and effective.

      ohh, and cheaper, too.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    20. Re:Sue them by MeanMF · · Score: 2, Insightful

      If they used the code exactly as it appears in the Linux source, then it's a pretty clear-cut case. If they made any substantial modifications, there's a big grey area between "derivitive work" and "fair use" that could be clarified by a test case.

    21. Re:Sue them by Anonymous Coward · · Score: 0

      Linus is not the only copyright interest in the Linux kernel! Ignoring the legal definition of a joint work, which is certainly what the kernel modules are, the other contributors could all independently file suit for their interest in the copyright on particular modules or files. To distribute a GPL-violating Linux kernel you must defend yourself against every contributor, including those who have eschewed Unix hackery and gone to live in remote mountains surrounded by yaks.

    22. Re:Sue them by Anonymous Coward · · Score: 0

      I think you mean the FSF: the Free Software Foundation. The Electronic Frontier Foundation is an organization of lobbyists with political interests which are not entirely different from those of the FSF, but they do not have the code and copyright base that Stallman and Moglen have amassed.

    23. Re:Sue them by 7-Vodka · · Score: 2, Funny

      When all you have is a hammer.. everything starts to look like nails >:)

      --

      Liberty.

    24. Re:Sue them by daddymac · · Score: 1
      It is if you are a lawyer ;)
      Or half the people in America, it seems. My partner rear ended a man in traffic. There were no physical injuries or damage done to either vehicle (low speed). The man then tried to sue her for "loss of conjugal rights". That's just stupid.

      Yes, it's off topic.

      --
      If something I said can be interpreted two ways, and one of the ways makes you sad or angry, I meant the other one.
    25. Re:Sue them by prizog · · Score: 3, Informative

      AFAIK, no kernel code has been assigned to the EFF. But you really meant the FSF, which has most of the S390 stuff, but nothing else.

      But if you're a kernel hacker, especially in the core, and want to see the GPL get enforced more effectively, just write to assign@gnu.org, and assign copyright to the FSF. Right now, almost everyone who uses the kernel also uses various GNU userspace applications. That's what lets me do my job of enforcing the GPL. But it would be much easier if the FSF simply had copyright in one or two core kernel files.

    26. Re:Sue them by JebusIsLord · · Score: 1

      You can still charge for the compiling, organizing and printing of it essentially, along with manuals and support.
      And of course, you can download redhat/mandrake/debian etc. for free along with the entire source code as an option.

      --
      Jeremy
    27. Re:Sue them by mindstrm · · Score: 1

      Yes, but that's still got nothing to do with the GPL; only copyright law.

    28. Re:Sue them by DarthWiggle · · Score: 1

      Speaking from the trenches of law, friends, you've got it wrong. Suing them isn't the solution to everything. Scaring them is. :) Hello-oooo? Cease and desist letter?

    29. Re:Sue them by trelanexiph · · Score: 0

      One of the GREATEST freedom espused by the GPL is the freedom to SELL what you make, in the case of the distros this is the packages and the installation system. This fee also covers support. The big different between Microsoft software and GPL software is that the GPL requires you distribute the original source with the binaries.

    30. Re:Sue them by 7-Vodka · · Score: 0, Redundant

      When all you have is a hammer...
      Everything starts to look like nails >:)

      --

      Liberty.

    31. Re:Sue them by Anonymous Coward · · Score: 1, Insightful

      One thing copyright is clear on: You need permission to use other's copyrighted works.

      That is only true if by 'use' you mean 'distribute'.

      If the author says, 'They are using my code illegally', the company would have to prove they have a license to do so. It's not about the enforceability of the GPL.

      There is no license to do illegal things. That is the fundamental quality of illegality.

      Linux as it is commonly known is publicly available free of charge without restriction on use. Unless you have a contract or other legal restriction regarding your use of Linux to do certain things, or alternatively you have copied someone's proprietary Linux modification, then your use of Linux is lawful, provided of course that you are not breaking some unrelated law in the course of your actions which circumferentially involved Linux software.

      So, it is very much about the legal force of the GPL. It remains to be seen whether a license, a contract, of such scope can ride on a copyright statement. This is not at all certain. To say that copyright law protects all software licensed under the GPL is a truism. What is at stake is the validity of the contract terms which govern the use of a compiler in distribution of derivative works.

      Moderators who approve such breathless platitudes as expressed in the parent sow the seeds of mediocrity in this field of discourse. Consider my post as fertiliser.

    32. Re:Sue them by Anonymous Coward · · Score: 0

      A new arrangement of folk tune is still copyrighted because it is considered a derivative
      work.

      Each time a patch is added to the kernel, the new kernel is a deriveative work of the old kernel and the patch.

      Let's say Linus was to release everything he has written into the public domain. (which is exactly what will happen n years after his death for some n >> 70) His contributions can be used in proprietary software, but code written by other kernel developers could not.

      The short answer is that in a few hundred years anyone can use GPLed code in proprietary programs if they're willing to use very old code.

      And of course, IANAL.

    33. Re:Sue them by Anonymous Coward · · Score: 0

      I was just thinking, if yet another case falls through before truly testing the GPL, why the heck doesn't someone fund the lawyers and intentionally breach the GPL to get it into court and proven true/false?

    34. Re:Sue them by wass · · Score: 1

      Makes some sense about FSF not fighting it unless it's signed over to them, but the GPL still needs to be proven in court. BTW, I'm the poster that responded to my own post saying FSF not GNU.

      --

      make world, not war

    35. Re:Sue them by linux11 · · Score: 2, Interesting
      RMS and other folks at GNU typically respond to issues such as these. That is, when people/companies have not followed the licencsing of GPL'd software. I believe the offending party has usually changed their policies and was never actually taken to court.

      IIRC, RMS has actually been anticipating for a serious GPL breach to rear its head, so it can provide an actual legal acid test of the GPL. I don't believe any organization/company has ever gone to court over GPL violations. Winning any courtroom legal victory would be a huge boon to for the GPL, as it would demonstrate it's legal resiliance. IANAL, of course.


      The Free Software Foundation makes every effort to make sure a GPL violation case never makes it to court all the way to the point of doing nothing for long periods of time. There was a case where the Dell/Red Hat alliance violating the GPL since Feburary 2002. When I notified the FSF about it in July of 2002, I was asked not to go public with this GPL violation that spanned an entire GNU/Linux distribution worth of packages. When I confirmed the violation was continuing in October of 2002, they still sat on the same request to do nothing. It was not until around December that the companies got around to honoring the written word of the license and they still have not truely honored the spirit of GPL.
    36. Re:Sue them by machine+of+god · · Score: 1

      That would probably depend on how much you pay for your lawyer. I mean, if it doesn't go from the first person, why not the 100th. As long as there is still someone writing it maybe it should never expire. Just keep the version numbers under 1, maybe. OTOH, I have no idea what I"m talking about.

    37. Re:Sue them by devmike · · Score: 1

      Do you have any idea how much a pitchfork costs these days?

      To say nothing of the legal fees if someone gets poked.

    38. Re:Sue them by Anonymous Coward · · Score: 0

      Why would MS quiver? When has it used GPLd code? I think this would actually be a boon for them- it'd make more companies uncertain about GPLd software, and what exactly they could do with it.

    39. Re:Sue them by firewrought · · Score: 1

      Also, I imagine that FSF has built up a healthy list of out-of-court settlements that will strengthen its case. Ironic because evil patent companies (PanIP?) do the same thing to build up strength for their patents (e.g., make small guys settle, then get the big guys).

      --
      -1, Too Many Layers Of Abstraction
    40. Re:Sue them by Anonymous Coward · · Score: 0

      They can't sue unless copyright has been assigned to them--nobody but the rightsholder has standing.

    41. Re:Sue them by Ponty · · Score: 1

      That's the beauty of pitchfork mobs: each person brings his own. You have to pay only for the gasoline into which they dip their torches before setting out.

    42. Re:Sue them by fucksl4shd0t · · Score: 2, Insightful

      Litigation is what civilized societies do.

      So, then, since the United States has so much good, strong, and healthy litigation, that makes us more civilized than the rest of the world? :)

      I thought negotiation and compromise were the cornerstones of civilization, rather than arguing about "my toy" or "my code" or "my way".

      Just for the record, I'm not supporting people stealing Linux code, I just question the use of the word "civilization" with regard to present times. (I also just spent half an hour reading Google News, and I'm thinking that was a mistake)

      --
      Like what I said? You might like my music
    43. Re:Sue them by Anonymous Coward · · Score: 0

      The GPL was the compromise. Though some devs will tolerate proprietary use if you pay them, these yahoos didn't even ask to negotiate.

    44. Re:Sue them by Anonymous Coward · · Score: 0

      The last person to die.

    45. Re:Sue them by Anonymous Coward · · Score: 0

      I very much doubt the GPL is valid in the UK, where this allegedly took place.

    46. Re:Sue them by You're+All+Wrong · · Score: 1

      Out of court settlements won't strengthen any case, they set no legal precedent. They do nothing but put the frighteners on your opponent to indicate that everyone else thought they'd lose in court.

      YAW.

      --
      Your head of state is a corrupt weasel, I hope you're happy.
    47. Re:Sue them by peterpi · · Score: 1
      "the GPL is legally enforceable - something that has not occurred to date."

      I remember reading an interview with Stallman where he made the interesting statement that the GPL has proven itself simply because nobody has even tried to argue against it in court.

    48. Re:Sue them by Darren+Winsper · · Score: 1

      Fair use? Why would that enter into it? It would definitely be a dirivative work, since they started from the kernel code, and then derived their version from it.

    49. Re:Sue them by Darren+Winsper · · Score: 1

      It would be just as valid as in the US. UK copyright law isn't much different from US copyright law (not DMCA). If anything, it's more restrictive which would give the GPL more teeth in the matter.

    50. Re:Sue them by Anonymous Coward · · Score: 0

      RMS and other folks at GNU typically respond to issues such as
      these. That is, when people/companies have not followed the
      licencsing of GPL'd software. I believe the offending party has
      usually changed their policies and was never actually taken to court.


      Posting as AC for obvious reasons... I'm a regular poster. You know
      my sig ;)

      I was involved in a very serious GPL infringement. I discovered that
      my employer, a major hoursehold-name US-based corporation, was
      shipping a product containing a complete Linux distro without any
      source, license, or public acknowledgment that this was what it
      was. (Oddly, the thing had been on the market for several years
      without anyone noticing or informing the FSF...)

      I agonised about what to do, eventually wrote up a memo which went up
      the hierarchy. Eventually a message came back down "pat, pat, pat,
      thanks very much for wasting our tim^h^h bringing this to our
      attention, but we believe we have the situation well in hand." And
      nothing changed. A month later I was fired. At that point I decided
      Something Must Be Done, and emailed the FSF (after searching their
      site to find the right way to go about it. ) I was sworn to secrecy;
      the FSF's lawyers got in touch with the corporation; initially, they
      said they'd fight it in court, but then rolled over & agreed to fix
      everything, contact previous customers and let them know, and so on.

      I have mixed feelings about the outcome. On the one hand, good that
      they will never make that mistake again, and that the license is once
      again being followed. On the other, it's a shame that the infringers
      weren't named and shamed (I'd really love to name them here, but
      promised the FSF peeps not to do so...). My then-boss , the wanker
      who fired me, informed me that he'd never heard of Slashdot & didn't
      believe that any real "decision makers" had anything to do with such
      leftie b/s as Free software (yes, this was only last year... I was
      fired in July 2002.)

      The coolest thing I learned is that the FSF employ someone with the
      job title of "License Enforcement Engineer" :))

      Fortunately I'm now working again, on 12% less money, but doing
      pen-testing and security consultancy rather than QA work.
    51. Re:Sue them by dnoyeb · · Score: 1

      makes since the copyright holder can assing any License they desire at any time they desire. that could end any court action that he might bring and waste a lot of time and money.

    52. Re:Sue them by MeanMF · · Score: 1

      Fair use? Why would that enter into it? It would definitely be a dirivative work, since they started from the kernel code, and then derived their version from it.

      Since they're only using a piece of the kernel code, it's not as clear a case. If they had taken the whole kernel and modified it, then it would be a much stronger case. I'm not saying that what they did WAS fair use, but it would be very helpful to have a court decision on record clearing things up.

    53. Re:Sue them by Darren+Winsper · · Score: 1

      Fair use is a small snippet. A few lines of code (Few does not mean hundreds, which is what they would have had to use), a paragraph from a book, a screencap from a film. There's no way a judge could rule it was fair use.

    54. Re:Sue them by Performer+Guy · · Score: 1

      This is entirely about the enforceability of the GPL. Your post summarizes the situation and most others that would give rise to a GPL violation. The enforceability issue arises because legally when you're giving it away, what are the damages or your losses w.r.t. someone taking it. This has EVERYTHING to do with enforcing the GPL, it boggles the mind trying to imagine what you envisage an enforceent scenario is if not this.

    55. Re:Sue them by WindBourne · · Score: 1

      If linux is still the major OS in 200 years, then we are doing something very wrong. In fact, if Linux is the major OS in 25, we are doing things very wrong. it should be the major in 5, but should be replaced within another 20.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    56. Re:Sue them by darqchild · · Score: 1

      i don't remember for sure, but i was pretty sure that the FSF would give legal assistance to an author of GPL code?

      --
      What? Me? Worry?
    57. Re:Sue them by jedidiah · · Score: 1

      Courts are merely substitutes for the duel and the lynch mob. In earlier times, many of our social leeches would have been quickly burned off.

      There is no justification to expect the wronged to be "reasonable". There is no justification to expect the wronged to be compliant about being taken advantaged of or damaged. It is this kind of permissive attitude that encourages social leeches and clogs our courts.

      These pirates are clearly not acting in a reasonable manner. They're stealing, they know they're stealing and now they are trying to cover up the fact that they are stealing. They took a reasonable request to desist (or explain themselves) and took it as an opportunity to destroy evidence.

      These kind of schmucks are why US civil courts are clogged. They know they are doing wrong, don't give a damn, and think they won't get caught.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    58. Re:Sue them by marko123 · · Score: 1

      Either litigation is not affordable enough to stop 20000 people a year from using guns, or...

      Actually, how about this. The government subsidizes lawyers and bankrolls judgements, and maybe the gun deaths per year will decrease?

      Dunno, I'm just a dumb foreigner with a lap dog for a prime minister.

      --
      http://pcblues.com - Digits and Wood
    59. Re:Sue them by ninewands · · Score: 1
      The enforceability issue arises because legally when you're giving it away, what are the damages or your losses w.r.t. someone taking it.

      Well, I don't know about U.K. law, but the measure of damages under U.S. copyright law, in the absence of proof of specific damages, would be total "disgorgement" of all benefit (e.g. revenue) wrongfully gained as a result of the infringement.
    60. Re:Sue them by Chexsum · · Score: 0

      Thats one of the claims at www.fsf.org (something like; "If you release your code under the GPL we will help you defend your code" - as long as youre code is not breaking any copyright/patent/trademark the FSF will probably help regardless of who owns the code). :\

      --
      Pixels keep you awake!
    61. Re:Sue them by Chexsum · · Score: 0

      You just couldnt help yourself from telling the world. :P

      --
      Pixels keep you awake!
    62. Re:Sue them by Chexsum · · Score: 0

      The big different between Microsoft software and GPL software is that the GPL requires you distribute the original source with the binaries.

      No, the big difference is the right to use GPLd software in ways which may enhance the original software. Using GPL source gives you a way to develop software which you can own as long as you then 'GPL' your code AFAIK - maybe youre thinking this and writing what you wrote?

      You can say what you said in relation to Open Source but not Free Software or the GPL AFAIK *I dont really care about Open Source Software*.

      --
      Pixels keep you awake!
  4. it was bound to happen by stonebeat.org · · Score: 2, Informative

    if you make any code opensource, you should be prepared for other's to copy it.

    Now let us see what GPL does.....

    1. Re:it was bound to happen by Majin+Bubu · · Score: 2, Informative

      Surely they can copy and/or modify it, but if they want to distribute (for free or for a fee, it does not matter) the derived code in binary form, they must release the source as well, otherwise they violate the license.

      --
      Ander

      @=

    2. Re:it was bound to happen by CanadaDave · · Score: 1

      Yes, but to copy it AND sell it? AND not re-distribute the modified code?

    3. Re:it was bound to happen by Anonymous Coward · · Score: 0

      wtf does that mean?

      if you are standing in the rain...you ARE going to get wet.

      AND?

      how does this shit get modded up?

    4. Re:it was bound to happen by damiam · · Score: 1
      they must release the source as well

      The parent poster knew that, he was saying that you should expect some people not to follow the rules.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    5. Re:it was bound to happen by Anonymous Coward · · Score: 0

      Just like "if you dress sexy, you deserve to be raped."

    6. Re:it was bound to happen by Anonymous Coward · · Score: 0

      and we knew that the parent knew this.

      can we post something less obvious?

    7. Re:it was bound to happen by Performer+Guy · · Score: 1

      Look, they can copy it and sell it etc. what they can't do is refuse to give you their modified source, that's a condition of the GPL license. Are people still this dim when it comes to the fundamentals of the GPL? The OWNER sets the conditions for using their property, this is THE MAIN condition of the GPL, the GPL is your license from the owner to use the code.

  5. To arms comrades! by Anonymous Coward · · Score: 0

    Lets /. them.

    1. Re:To arms comrades! by Anonymous Coward · · Score: 1, Insightful


      But what about their ISP? Is that fair to them?

    2. Re:To arms comrades! by Anonymous Coward · · Score: 0

      NO PRISONERS!

  6. Wait only the consumer is a pirate. by HanzoSan · · Score: 2, Funny


    Corperate Piracy is ok, its only when people share without profiting that its Piracy.

    This is why Linux is bad but Shared source is ok.

    Just call Michael Robertson for more info.

    --
    If you use Linux, please help development of Autopac
    1. Re:Wait only the consumer is a pirate. by nutshell42 · · Score: 1
      Corperate Piracy is ok,

      It is *not* Piracy, it's aquiring of business assets by patriotic revenue-generating entrepreneurs.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    2. Re:Wait only the consumer is a pirate. by nutshell42 · · Score: 1
      Corperate Piracy is ok,

      It is *not* piracy, it's aquiring of business assets by patriotic revenue-generating entrepreneurs

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
  7. How dare they... by velcrokitty · · Score: 0, Flamebait

    take something that they didn't pay for...

    Sheesh...

    --
    I stick to walls...
  8. Hmm... by tqft · · Score: 0, Redundant

    Stallman's a lawyer? GPL is his baby? Tell him.

    --
    The Singularity is closer than you think
    Quant
    1. Re:Hmm... by OECD · · Score: 1

      Who can bring suit? Who gets any awarded money? Stallman? The FSF? Anybody who touched the code?

      I never quite understood how the GPL was supposed to operate when push came to shove. I guess I'm going to find out.

      --
      One man's -1 Flamebait is another man's +5 Funny.
    2. Re:Hmm... by JoeBuck · · Score: 4, Insightful

      The FSF vigorously defends its copyright on code it owns; it does not own Linux. It will be up to Linus and gang to defend their own copyright, though the FSF might offer to assist.

      And no, RMS is not a lawyer. The FSF's lawyer and chief enforcer is Eben Moglen.

    3. Re:Hmm... by Anonymous Coward · · Score: 0

      They settle out of court. It's a scam. All the open source people who use the GPL on their code or even assign their copyright to the FSF are just playing into their game.

    4. Re:Hmm... by linux11 · · Score: 1
      The FSF vigorously defends its copyright on code it owns; it does not own Linux. It will be up to Linus and gang to defend their own copyright, though the FSF might offer to assist.


      Please give the specifics of where/when/how the FSF has "vigorously defends it's copyright on code it owns." I have never heard of any case where the FSF has ordered a company to cease distribution. For example, Dell/Red Hat continued to violate the GPL another 3 months after the FSF was informed. All they seemed to do was advise Dell what they expected and then left it up to Dell when to get around to it. You better believe if I was violating the Dell license that they would be issuing a cease and desist letter that Dell would expect honored immediately. Vigorously defending should not allow for "whenever you get around to it please follow these things which where told to you in the license in the first place" type attitude.
  9. They've recieved one warning by Anonymous Coward · · Score: 5, Funny

    And apparantly it just resulted in them trying to better hide the incriminating code in later versions of the product.

    Okay, then. Let's get everybody forming into single-file lines; you'll receive your pitchforks on the left, torches on the right. Please, no shoving, there will be plenty for everyone.

    1. Re:They've recieved one warning by melonman · · Score: 1

      there will be plenty for everyone

      Actually, I doubt it. I think you will find that the company in question has a dozen or so employees. We are not talking Microsoft here. The few people who have ever heard of them are mostly surprised that they are still in business.

      Pinching the code was a naughty no-no, but, in terms of a character defence, they were standing up to Microsoft when most people on this list were still happily using DOS, and, for several years, they did a pretty good job, at least in the UK. So I hope that a negotiated settlement can be found.

      --
      Virtually serving coffee
  10. Someone get the evidence...? by realdpk · · Score: 1

    And post a link to it? That'd be interesting. (And that way the guy wouldn't end up with 10000000 of /.'ers all asking him for it).

  11. Yeah and they even intend to make YOU buy it by HanzoSan · · Score: 3, Funny


    They want to sell you stuff they stole, they should be raided by the RIAA!!! Get Em Hilary Rosen!!!!!!!!!!!!!!!!!!!

    --
    If you use Linux, please help development of Autopac
    1. Re:Yeah and they even intend to make YOU buy it by velcrokitty · · Score: 1

      Yup - and that part sucks. Sigh...

      Well, I just hope that they can get stopped, informed of what the whole Open Source effort and GPL are about, and they won't continue doing such things any more.

      I'm just surprised that more places haven't done this before, and that people may be surprised that any have... It's a great set of resources - it must be darn tempting...

      --
      I stick to walls...
  12. KING writes about CASTLE? by monadicIO · · Score: 4, Funny

    Is this for real?

    --

    The law of excluded middle : Either I'm foo or I'm foobar

    1. Re:KING writes about CASTLE? by commodoresloat · · Score: 1

      Of course it's real; haven't you ever been to Soviet Russia before?

    2. Re:KING writes about CASTLE? by fucksl4shd0t · · Score: 1

      Alright dude, I think you've just topped the hill of the best soviet russia jokes. :)

      In soviet russia, hill tops YOU.

      --
      Like what I said? You might like my music
    3. Re:KING writes about CASTLE? by Anonymous Coward · · Score: 0

      That's what kings to my friend.

      That and other stuff.

  13. For damages? by Anonymous Coward · · Score: 0

    what damages? How can show they were hurt in any way by this? What would be the basis of the lawsuit? As you may have heard around here, nothing was stolen. Nobody lost anything.

    1. Re:For damages? by Idou · · Score: 1

      I can make the same argument about ANY kind of copyright . . .

      Sure, say the GPL is not defendable, but then ALL copyrights are not defendable.

      --
      Sdelat' Ameriku velikoy Snova!
    2. Re:For damages? by benjamindees · · Score: 1
      Companies like this sue individuals all day long claiming loss of "prospective profits" and "devaluation of brand recognition", whether the defendant has profitted or not.

      We should be just as able to sue them for profitting off of something that is copyrighted in order to be free.

      Ask them for the code. Sue them for the value of said code. They have stolen it from all of us.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    3. Re:For damages? by Beryllium+Sphere(tm) · · Score: 4, Informative

      Copyright law allows for something called "statutory damages", which means that if someone infringes on your (registered) copyright you can collect a fixed amount without having to document monetary loss.

      "Nobody lost anything", except control over their creations.

      Copyright grants a partial legal monopoly on distribution of the copyrighted work. The owner can make people pay for it (the usual approach), or make them accept the GPL, or even prevent circulation of the work altogether (the way Sinatra pulled the movie "Suddenly" off the market after the Kennedy assassination).

    4. Re:For damages? by Anonymous Coward · · Score: 0

      I am pretty sure that some Linux vendor like RedHat could sue, or at least testify because they could show that their business was hurt.

      Actually there is no need for monetary loss. The issue here is a very clear intellectual property theft.

    5. Re:For damages? by spells · · Score: 1

      Umm, ahem, we?

    6. Re:For damages? by evilviper · · Score: 1
      nothing was stolen.

      Since the code was not used as per the GPL, it was indeed stolen. The fact that the author was not selling it at a fixed-rate makes this an even better case, as he could simply say: "I wouldn't have sold this code to them for less than $10 million dollars per-copy."

      Your statement (that open source software has no value) would be like saying that, since you weren't using that car parked in your front yard, that you have no claim against the criminal that stole it.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    7. Re:For damages? by prgammans · · Score: 1

      "Nobody lost anything", except control over their creations.

      This is not ture, they have been denied the money that castle would needed to pay the copywrite owner to licence the code in a form that castle could use it in there produce.

      Just because the copywrite owner has licenced it under the GPL it dosen't stop them selling the same code under a non GPL licence, though may not get many uptakes of this offer. ;)

  14. Does that mean... by ajuda · · Score: 1

    Does that mean that we can take their binaries and distribute them for free? After all, if they used GPL code, then their code is also under the GPL.

    1. Re:Does that mean... by John+Hasler · · Score: 0

      > Does that mean that we can take their binaries and
      > distribute them for free?

      No.

      > After all, if they used GPL code, then their code
      > is also under the GPL.

      No. That's not how it works.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Does that mean... by bwt · · Score: 5, Informative


      No, it means that they are commiting willful copyright infringement for commercial gain. The penalties for that are severe and include the larger of statutory and actual damages. The statutory damages can be up to $100K, iirc. Actuals include any revenue which results from the infringement.

      I hope somebody tears them a new sphincter, if this is true.

    3. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 0, Flamebait

      No. That's not how it works.

      Actually that's exactly how it works. For better or for worse.

      --

      I write in my journal
    4. Re:Does that mean... by ubernostrum · · Score: 4, Informative
      Actually that's exactly how it works. For better or for worse.

      Nope. Consider the physical-property equivalent: I steal something from you. Do you have the right to come steal it back? No. Similarly, if they "steal" GPL'd code, we don't have a right to steal it back; the legally correct course of action is to file suit, get an injunction against distribution of the stolen code, and recoup losses from the infringer.

    5. Re:Does that mean... by bwt · · Score: 4, Informative


      You are confusing the conditions for complying with the licence with the penalties for infringing the copyright.

      The judge *could* order compliance with the licence as part of the penalty phase, but it is much more likely that he would award monitary damages.

      The interesting thing is that each patch to the linux kernel could be viewed as separately copyrighted by whoever the author of that particular patch is. The statutory damages can reach $100K per violation if the judge wants it to.

    6. Re:Does that mean... by io333 · · Score: 4, Interesting

      Actually, I'd prefer that they be forced to open source their code instead. Have you looked into RiscOS? It fits into something like a 4meg (yes four megabyte) rom, boots in two seconds, and screams on any old piece of junk processor. I can only imagine how it would run on my AthlonXP. A tad faster than Mandrake no doubt.

    7. Re:Does that mean... by 91degrees · · Score: 1

      Why, how useful.

      So how does it work? You seem to know the answers. I mean I could just as easily say "Yes, that is how it works, plus they owe me for my legal representation". It's not a lot of use without any backup.

    8. Re:Does that mean... by John+Hasler · · Score: 1

      > Actually, I'd prefer that they be forced to open
      > source their code instead.

      They could choose to do so as part of a settlement but they could not be forced to do so.

      > I can only imagine how it would run on my
      > AthlonXP. A tad faster than Mandrake no doubt.

      If you think it would make your desktop applications faster you would be disappointed.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    9. Re:Does that mean... by boots@work · · Score: 1

      Yeah, and I see they're selling a *600MHz* 40GB 128MB machine (no peripherals) for UKP1250, or about AUD3750. That's pretty ridiculous; surely about five times the price you ought to be paying for that capability. No wonder they need to resort to stealing other people's code.

      Heh, I see they don't even have the guts to run their web site on their own OS:

      Server: Apache/1.3.27 (Unix) mod_throttle/3.1.2 PHP/4.1.2 mod_perl/1.27

      217.204.38.36:80 * Novell Netware TCP/IP

    10. Re:Does that mean... by jd678 · · Score: 1
      Not any old processor - only some of the ARM processors. It won't run on your Athlon.

      The reason it fits in 4Mb is twofold:
      1. It is written mainly in assembly. [1]
      2. It's just the core OS and a few applications - you can fit a usable Linux on a floppy, but you won't expect to browse the web, read email and whatever else on it.

      Oh, and it doesn't boot in 2 seconds - Risc OS 2 booted in 2 seconds, but that was only 512K ROM. [1] Who needs OSS for the source when dissambly would get you the code, pretty much as the original developer wrote it, just without the comments or friendly pointer names.

    11. Re:Does that mean... by rainer_d · · Score: 1
      Yeah, and I see they're selling [iyonix.com] a *600MHz* 40GB 128MB machine (no peripherals) for UKP1250, or about AUD3750.

      You don't understand this - these are no PCs you can run Windows on.
      Go and do some research.

      --
      Windows 2000 - from the guys who brought us edlin
    12. Re:Does that mean... by harlows_monkeys · · Score: 1
      Does that mean that we can take their binaries and distribute them for free?

      No, because you would then be violating the GPL. Since you only have a binary, you cannot satisfy the GPL's source requirements.

    13. Re:Does that mean... by GC · · Score: 1

      It has to be said... at just a few Mhz these machines were the most powerful machines on the market back in 1988... I doubt much has changed...

      While the PC was running on an 8-bit CPU, this stuff was out there in 32-bit spendour.

      Mod the parent up.

    14. Re:Does that mean... by Dirtside · · Score: 1

      Are you sure about that? I was under the impression that if someone unlawfully takes something from me that I own, I can legally take it back without breaking any laws. (If I have to trespass, commit assault, etc. in order to get it back, then I've broken those laws, but I won't have committed theft or larceny.)

      How exactly would the law be defined such that taking an object that does belong to you is theft?

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    15. Re:Does that mean... by boots@work · · Score: 2, Interesting

      You don't understand this - these are no PCs you can run Windows on.

      No, it's you who doesn't understand. What makes you think I'd want to run Windows on it? I'm sure the operating system overhead is lower than for Windows, but probably not enough to make up for a four-fold reduction in cycles.

      RISC_OS

      Heh, 4 full time developers? :-) Even the most obscure Linux port probably has four full-time-equivalent developers.

      So it's another proprietary desktop operating system, but one that only runs on slow expensive machines, has an infinitesimal marketshare and development community, isn't unix-compatible, and has a graphic design stuck in the early 90s? I should care why?

      Any few of those I could put up with (free/non-unix/marginal, or proprietary/gorgeous) but the combination is pretty damning.

      I'm happy to admit that if I'd gone to school in the UK, I'd probably feel all nostalgic and want to buy one. But I didn't and I don't. And I especially don't want to support the kind of rat-bastardry discussed in the original story.

    16. Re:Does that mean... by Minna+Kirai · · Score: 1

      Do you have the right to come steal it back?

      Yes, this happens occasionally. Why, in some states, you can even kill me as you recover your property, and the courts wind up not caring. Only if it turns out not to have been your property at all do you risk some minor punishment.

      (Oops, was bash-Texas day last week?)

    17. Re:Does that mean... by Anonymous Coward · · Score: 0

      No it doesn't. RISC OS is not owned by Castle Technology Limited, it is owned by Pace Microsystems, and they have done some development of modules under license for their own hardware product. To clarify: this work would be done by Castle, not by Pace nor by RISC OS Ltd, who are also licensees of the technology.

    18. Re:Does that mean... by Anonymous Coward · · Score: 0

      You're right. They are lot slower than computers that you CAN'T run Windows on.

      What part of that is positive and would make me pay that price?

    19. Re:Does that mean... by Anonymous Coward · · Score: 0

      I steal something from you. Do you have the right to come steal it back?

      Erm... Yes! If the thing is actually mine, it isn't stealing. Of course, if "stealing" it back involves mugging you, or breaking and entering into your home, or perhaps even trespassing, I don't have the right.

    20. Re:Does that mean... by rking · · Score: 1

      Nope. Consider the physical-property equivalent: I steal something from you. Do you have the right to come steal it back? No.

      I agree with you about the way GPL works, but your analogy is wrong. If someone comes and steals my car then by definition I can't "steal" it back because it's mine, but I can go round to where they've parked it, get in and drive it away. It's mine, I have every right to take it back.

    21. Re:Does that mean... by Anonymous Coward · · Score: 0
      They could choose to do so as part of a settlement but they could not be forced to do so.

      Does the UK not have a concept of an injuction, then?

    22. Re:Does that mean... by jjon · · Score: 1

      The statutory damages can reach $100K per violation if the judge wants it to.

      I doubt it, bearing in mind Castle is a UK company so they'd presumably be sued under UK law. The judge will probably pick an amount in UK pounds (£) ;-)

    23. Re:Does that mean... by BgJonson79 · · Score: 1

      I believe Arizona state law would be beneficial in this anology. If you witness the "theft" of your property, you can shoot the guy so he stops. Of course, IANAL nor do I live in Arizona... or am I just restating an urban myth?

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    24. Re:Does that mean... by Natalie's+Hot+Grits · · Score: 0, Troll

      Willfull copyright violation for profit is a fealony. You CAN force them, physically, to stop making copies. It is a criminal offence that any police officer can enforce, legally.

      (that is assuming you can find them)

      --
      Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
    25. Re:Does that mean... by Anonymous Coward · · Score: 0

      But the kernel itself is derived from copyrighted code, owned by SCO (?). Why don't they sue the kernel developers? Or is there not a company to sue?

    26. Re:Does that mean... by Anonymous Coward · · Score: 0

      Just because someone stole your stuff does not mean that they then own it. You wouldn't be stealing if you were to take it back.

    27. Re:Does that mean... by Anonymous Coward · · Score: 0

      Statutory damages are only available if the "author" (or his assignee) applied for and obtained registration with respect to his claim of copyright. Else, no statutory damages.

      Do any of the kernel developers actually do that?

    28. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      Consider the physical-property equivalent

      RMS would rip your tongue right out of your head for saying such a thing. While valid and useful, comparing software to physical property is ideologically unacceptable. Consider yourself warned. ;-)

      We can interpret the present situation in either of two ways. One: the offending party did not accept the terms of the GPL, and has committed copyright infringement. Two: the offending party did accept the terms of the GPL, but is failing to comply with the conditions contained therein. Because there is no feedback mechanism to inform the authors of a piece of GPL-licensed software that you have accepted their license, we have absolutely no way of knowing which one of those interpretations is the correct one.

      But either interpretation leads to the same conclusion. If this derivative work was created by making an unauthorized copy of a copyrighted work, then any copyright claim on this work is invalid, and we're all free to copy and distribute it as we see fit. Contrariwise, we could interpret the current situation to mean that the authors did accept the terms of the GPL, and that the derivative work is, in fact, licensed by the GPL-- as all derivative works made from GPL-licensed works must necessarily be-- in which case we're free to copy and distribute it as we see fit.

      This is, incidentally, a fine example of why, in my opinion, the GPL badly needs to be tested in court and found invalid. This kind of ambiguity is just unacceptable in a legally binding document, and somebody needs to force the FSF to revise the license to make sure this kind of scenario cannot arise.

      But that's just my opinion. I will undoubtedly be moderated "troll" for daring to utter a disparaging word about the FSF and the GPL.

      --

      I write in my journal
    29. Re:Does that mean... by Anonymous Coward · · Score: 0

      I doubt that any of these (I'm assuming) American details apply; I should think that suit would have to be brought in the UK, under terms of their copyright laws.

      IANAL, of course.

    30. Re:Does that mean... by ubernostrum · · Score: 1
      As has been pointed out, my analogy could have been better. Here goes:

      You break into my house, go to my computer, and steal the monitor. You take it home and hook it up to your own computer. Do I now have the right to take your entire computer (i.e., case, CPU, peripherals, etc.)?

      That's the problem. And the GPL is clear on this point, too; if you don't accept the license terms, distributin gdoesn't put your work under the GPL, it's a copyright infringement and you have to be barred from distribution.

    31. Re:Does that mean... by ubernostrum · · Score: 1
      If this derivative work was created by making an unauthorized copy of a copyrighted work, then any copyright claim on this work is invalid, and we're all free to copy and distribute it as we see fit. Contrariwise, we could interpret the current situation to mean that the authors did accept the terms of the GPL, and that the derivative work is, in fact, licensed by the GPL-- as all derivative works made from GPL-licensed works must necessarily be-- in which case we're free to copy and distribute it as we see fit.

      No, actually. If you do not accept the terms of the GPL (which is obvious if you're incorporating GPL code into a proprietary product), then you have no legal right to distribute the proprietary product. Neither does anyone else; the only legal way to distribute something which has been released under the GPL is under the GPL. Take the GPL away and no one can distribute.

    32. Re:Does that mean... by ubernostrum · · Score: 1, Insightful
      Better analogy:

      You run a hardware store, and I steal some nails from you. I use them to build a house. Do you have the right to take the whole house?

      If I take a subroutine or two illegally from a GPL project, do the original authors have the right to my entire derivative program?

      I believe the answer is "no" in both cases...

    33. Re:Does that mean... by fucksl4shd0t · · Score: 1

      But either interpretation leads to the same conclusion. If this derivative work was created by making an unauthorized copy of a copyrighted work, then any copyright claim on this work is invalid, and we're all free to copy and distribute it as we see fit.

      I think you might've missed something. I didn't RTFA, as a matter of fact, but the GPL doesn't require you to distribute the source code with the software. Not specifically, no, but it is the recommended way to meet the license (what if you go out of business and all the source code is destroyed? etc etc etc).

      First we need to ask them for the source code. Then we need to keep asking them, leaving a paper trail. If they fail to provide the source code, then they are violating the GPL. You can't distribute the binary and not distribute the source code in machine-readable format. (So you can't just send me a printout, you *must* send it on a floppy, or a CD, or a dvd, or send me a hard drive with a modern filesystem (not that I care, GNU/Linux reads any filesystem anyway) )

      If you distribute the binary of a GPL derivative work, and you don't distribute the source code for the derivative (i.e. you can't distribute with modifications and then not give the code for your modifications as well as the rest), then you've violated the GPL.

      Finally, you have to inform the person to whom you are distributing that the software they are receiving is GPL. Ususal methods apply, like README, or the click-through license agreement, and so forth. Because you have to give them the license under which you received the software, because it's the only way you have permission to distribute the software.

      IANAL, after all that. :) However, it's entirely possible that this would best be attacked as a class-action lawsuit, on behalf of the free software community. Then they could give the money to Mandrake or someone. :) (Better yet, and seriously this time, give it to Debian and tell 'em to give us a graphical installer)

      --
      Like what I said? You might like my music
    34. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      the GPL doesn't require you to distribute the source code with the software

      It does, however, require you to jump through certain other hoops, such as the requirement to distribute a copy of the GPL itself with your software. So the source code issue can be effectively ignored; the simple fact that they're distributing their product without a written (electronic or paper) copy of the GPL means that they're in violation of it.

      not that I care, GNU/Linux reads any filesystem anyway

      For the record, the name is "Linux," not "GNU/Linux." Might want to refer to Torvalds's trademark for further details on that point.

      If you distribute the binary of a GPL derivative work, and you don't distribute the source code for the derivative, then you've violated the GPL.

      Interestingly enough, there are other requirements for GPL compliance. Simply distributing your source code is a necessary condition, but not a sufficient one to demonstrate compliance. For example, "You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change." Also, the oft-ignored "banner clause" in paragraph 2c.

      --

      I write in my journal
    35. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      You know, you have a point there. If Person X publishes a work, then Person Y creates an unauthorized derivative work from Person X's work, then technically the derived work would be protected by Person X's copyright.

      So I think you're right, and that I was wrong.

      I still say that the GPL is an intentionally convoluted mess, and that it's ripe for a good, stiff legal challenge. It actually reminds me of one of those programming contests where you have to write the (functionally) biggest program in the fewest characters. The GPL makes me think that somebody got a group of lawyers in a room and said, "Come up with the shortest license you can that includes as many bewildering recursive obligations as possible." It's a mess, I tell you.

      --

      I write in my journal
    36. Re:Does that mean... by fucksl4shd0t · · Score: 1

      It does, however, require you to jump through certain other hoops, such as the requirement to distribute a copy of the GPL itself with your software. So the source code issue can be effectively ignored; the simple fact that they're distributing their product without a written (electronic or paper) copy of the GPL means that they're in violation of it.

      I was, for the sake of argument, conveniently ignoring this part. You are, of course, correct. I think I did say something to that effect, although not as specifically as you did.

      For the record, the name is "Linux," not "GNU/Linux." Might want to refer to Torvalds's trademark for further details on that point.

      That would be the kernel you're talking about. Again, in this instance, you may be correct since I was talking about reading filesystems, which is handled by the kernel. Perhaps I should've said "The Linux kernel reads any filesystem...." instead.

      However, regardless of Torvalds's trademark, the operating system complete as I have it today is a derivative of the first Debian distribution from back in 1993, which was dubbed GNU/Linux because it was nothing more than GNU with the Linux kernel. Therefore, since the work that I'm using now is a derivative of that original distribution, even if it's not solely GNU + Linux anymore, is correctly called "GNU/Linux". When saying this, you are conveying more than just the operating system you're using (otherwise I should properly refer to it as Mandrake Linux 9.0), but you are also referring to the history that went in to the operating system.

      Now, I didn't think it was that big of a deal either, and I wrote an article to that effect. Check out this. After I wrote this article, I was feeling pretty cocky and emailed it to RMS, and we got into a discussion over it. He made his point well, and after much consideration on my part, I decided that he was right. (So no, I'm not a brainless drone) I just haven't updated the article on account of time. If you can come up with a way to trade email addresses without posting them on slashdot, I'll be happy to send you a note when I finally write the update, 'cause there's more to it than what's in this post.

      Interestingly enough, there are other requirements for GPL compliance. Simply distributing your source code is a necessary condition, but not a sufficient one to demonstrate compliance. For example, "You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change." Also, the oft-ignored "banner clause" in paragraph 2c

      The example you cited is assumed when you distribute the source code. But I can see how someone need pay very special attention to the fact of the license, especially considering that they can only retain copyright on their changes if they notate the changes. Otherwise, for lack of proper documentation, I imagine copyright ownership on the changes would revert to the next marked owner a la scope rules.

      I don't recall the banner clause right offhand, and I'm not going to go look it up. :) I'll keep it in mind to check out next time I'm reading that way, though.

      --
      Like what I said? You might like my music
    37. Re:Does that mean... by macshit · · Score: 1

      Have you looked into RiscOS? It fits into something like a 4meg (yes four megabyte) rom, boots in two seconds, and screams on any old piece of junk processor.

      Um, linux can quite easily fit into a 4 megabyte rom, boot in about half a second, and scream on any old piece of junk processor.

      [I know because my job involves fitting linux into very small roms that must boot quickly on very slow processors...]

      --
      We live, as we dream -- alone....
    38. Re:Does that mean... by Anonymous Coward · · Score: 0

      No. The analogy doesn't fit. It would work better if the hardware store left a box in front of the store with a sign saying "take all you want, but if you build a house I get to live in the guest room."

      Still, it's a stretch.

      In fact, the condition upon which GPLed software is issued is that derivative products are licensed the same way. The derived code =is= GPL'ed whether Castle agrees or not. So, the binaries are freely distributable under the GPL and so is the source, its just that Castle is illegally holding it captive.

    39. Re:Does that mean... by vbweenie · · Score: 1

      I went to school in the UK. I even had (well, my Dad had) an Acorn Risc PC at home. My nostalgia for it has dribbled away over the years, but it was a genuinely exciting piece of kit at the time - I even did some ARM Assembler coding on it, which was an education in itself.

      Castle ripping off Linux, if true, is both sad and - I hope, not being a lawyer - actionable. They should be forced to come clean about it, forced to make suitable reparations, and prevented from doing anything of the sort again.

      The saddest thing is that if done legitimately, the incorporation of Linux source code into an alternative OS would be a further vindication of the free software credo - proof that keeping software free promotes innovation, diversity and a healthy commons. I guess that the main problem in this instance is the proprietory nature of parts of RISC OS, which would have prevented such a legitimate use of GPL'd code; otherwise, there'd be no incentive to steal.

      If RISC OS itself were free software, it might have evolved to a far greater degree following Acorn's abandonment of the platform. There were enough enthusiasts around for this to happen, including some very gifted coders (I'm thinking especially of the guy who coded a Quake engine for the platform - forget his name). Instead the OS has fallen into stagnation, irrelevancy and - it would seem - the use of unscrupulous practices by some of its last surviving advocates. This is a dismal shame.

      --
      Experience is a hard school, but fools will learn no other.
    40. Re:Does that mean... by ubernostrum · · Score: 0
      In fact, the condition upon which GPLed software is issued is that derivative products are licensed the same way. The derived code =is= GPL'ed whether Castle agrees or not. So, the binaries are freely distributable under the GPL and so is the source, its just that Castle is illegally holding it captive.

      No. The condition the GPL imposes is that you may do what you like with the code, but the only legal right you have to distribute it or a derivative work comes if you license such work under the GPL. If you do not do so, the GPL doesn't forcefully impose itself on your code, it just declares that you have no right to distribute and you become liable for copyright infringement. Please actually read the license before spouting off about what you think it does.

    41. Re:Does that mean... by jgerman · · Score: 1


      For the record, the name is "Linux," not "GNU/Linux." Might want to refer to Torvalds's trademark for further details on that point.

      Err wrong pal. GNU/Linux is the OS, for the record. The kernel alone is Linux and the kernel alone doesn't contain as many filesystems as the OS as a whole, one notable one that springs to mind with no research is HFS.

      --
      I'm the big fish in the big pond bitch.
    42. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      Err wrong pal. GNU/Linux is the OS, for the record.

      Err wrong pal. Linux is a registered trademark of Linus Torvalds. He gets to say how people can use that name. He's said that he doesn't want people to use the name "GNU/Linux" to refer to anything, kernel, OS, or otherwise. If you want to call it something else, that's fine, but you can't call it "GNU/Linux."

      --

      I write in my journal
    43. Re:Does that mean... by jgerman · · Score: 1

      Tough. His contribution to the OS is only one part of the whole. He can't make a blanket decision like that. If someone wants to give credit to what makes Linux an OS they are free to do so. If he wants to persist in being an ass about it, then the operating system can easily just be called GNU. Or GNU with the Linux kernel, which can simply be abbreviated as... suprise GNU/Linux.

      --
      I'm the big fish in the big pond bitch.
    44. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      Tough. His contribution to the OS is only one part of the whole. He can't make a blanket decision like that.

      The authorities in charge of trademarks disagree with you. Because he has a registered trademark, Torvalds gets to decide who can and who can't use the name "Linux," and in what context. And he's said that "GNU/Linux" is not okay. So you can call it "GNU/something else," but you can't call it "GNU/Linux."

      --

      I write in my journal
    45. Re:Does that mean... by jgerman · · Score: 1

      They can disagree all they want, however, in a court case, and I'm not looking up a precedent, they will likely lose. Linux is freely distributable, GNU tools are freely distibutable, distibuting an OS as GNU/Linux is calling it what it is. It is not renaming the kernel, or the rest of the OS and you'll never win in court calling something what it is. If I packaged a Coke with a Subway sub, and called the package Coke/Subway sub, that's a perfectly legal use of trademarks. Had I the time, and I really cared I'd create my own distro and label it GNU/Linux. Let him come after me for a non-existent trademark violation.

      --
      I'm the big fish in the big pond bitch.
    46. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      They can disagree all they want, however, in a court case, and I'm not looking up a precedent, they will likely lose.

      You should have looked up the precedents. It would have prevented your being totally wrong about this in this way.

      If I packaged a Coke with a Subway sub, and called the package Coke/Subway sub, that's a perfectly legal use of trademarks.

      No, it is not. That would be trademark dilution, and if you did it without the permission of both the Coca-Cola company and Subway, you'd get a cease-and-desist letter in the mail the very next morning.

      Here's the basic rules of trademark use. You can use a trademark conversationally to refer to a product: I had a Coke with my lunch today. I use Linux on my computer. That kind of thing. You can also use a trademark to advertise a product for sale: Buy Coke at the Try-n-Save for $2.99 each, this week only! You cannot use somebody else's trademark to advertise your own product without their permission. For example, if you invented a resealable bottle for sodas and called it the CokeSaver, you'd be illegally using Coca-Cola's trademark, and you'd have to stop or face legal action. You cannot dilute somebody else's trademark by using it as a part of a composite name, like your "Coke/Subway" example. If you did that, you'd get a cease-and-desist right away, too.

      You really, really should have read up on this before posting so stridently.

      --

      I write in my journal
    47. Re:Does that mean... by jgerman · · Score: 1
      Nope, fair use applies to trademarks as well as copy rights. With Linux you already have the right to distribute and you do have the right to use the composite name. In order for fair use to apply to a trademark 1) The name must be necessary when referring to athe product, 2) You must use the minimum amount of the name possible, 3) There cannot exist a potential for consumer confusion.


      GNU/Linux satisfies all three of these, and I and many others will continue to use that term... the correct term, regardless of what some petty jackass thinks.

      --
      I'm the big fish in the big pond bitch.
    48. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      With Linux you already have the right to distribute and you do have the right to use the composite name.

      On what planet? Please point out to me any document, anywhere that says that Linus Torvalds authorizes the use of the name "GNU/Linux." Anything. Seriously.

      Now, let's talk about fair use, because your understanding of it is, at best, incomplete. There are four categories of fair use as applied to trademarks: statutory, nominative, comparitive, and parody.

      Statuory fair use is defined in the Lanham Act, which is part of Title 17. The relevant part says, in paraphrase, that use of a trademark in good faith, other than as a mark, for the purpose of describing goods or services is non-infringing. In other words, you could say that your software product runs on Linux without getting permission from Torvalds for the use of his trademark, because you're using the trademark to describe-- not to name, but to describe-- your own product.

      A good example of statutory fair use is WCVB-TV v. Boston Athletic Association, 1991. The Boston Athletic Association owns the trademark rights to the name "Boston Marathon." WCVB used that name in association with its coverage of the event. The court found that because the name "Boston Marathon" was being used to describe WCVB's program-- not name, but describe-- that the use was fair under the statute.

      Nominative fair use is just what it sounds like: the right to use a trademark without explicit permission in order to identify the product or service being referenced. The criteria for nominative fair use, established in New Kids on the Block v. News America Publishing, Inc., are as follows: "First, the product or service in question must be one not readily identifiable without use of the trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the use must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder."

      Comparitive fair use applies when using a competitor's trademark without explicit permission in the context of a comparison between the competitor's product to your own. For example, consider those old "Pepsi Challenge" ads from the 1970's and 1980's. PepsiCo used the Coca-Cola trademark in those ads for the purpose of identifying their competitor's product and drawing a comparison to their own product. That's comparitive fair use.

      The last class of fair use as applied to trademarks is parody. That should be self-explanatory.

      The important thing to note here is that none of these classes of fair use authorize the modification of a trademark or the use of a trademark in a composed mark. If you released a distribution called "Bob's Linux," you'd be in the clear thanks to nominative fair use. You're using the mark "Linux" to identify the software you're distributing, and without the use of the mark identification would be very difficult. So that's fine. But you couldn't call your distribution "BobLinux" or any other combined mark without explicit permission from Torvalds.

      The name "GNU/Linux" is, in fact, unauthorized, and should he wish to do so, Torvalds could take action in remedy of its use. It is not the correct term, although I agree that there's a petty jackass involved here. His name is Richard Stallman.

      --

      I write in my journal
    49. Re:Does that mean... by jgerman · · Score: 1

      He doesn't HAVE TO AUTHORIZE THE NAME. Jesus fucking christ how simple are you? You have the right to distribute Linux in anyway you want, pursuant to the GPL. The operating system is not Linux, it is GNU/Linux, Torvalds didn't write an operating system. Get it through your head. A slash is a common and accepted notation for separating names for descriptive purposes. Thus GNU/Linux the name of the operating system. Linux the name of the kernel. Case closed.

      --
      I'm the big fish in the big pond bitch.
    50. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      You have the right to distribute Linux in anyway you want, pursuant to the GPL.

      Okay, then, please point to the passage in the GPL that gives you permission to modify a registered trademark. You could go through the source and change every instance of "Linux" to "jgerman's nifty operating system," if you like, but you still can't call it "GNU/Linux." That's modifying a trademark without permission, and it's not okay.

      A slash is a common and accepted notation for separating names for descriptive purposes.

      Since when? I think you're making things up now.

      Thus GNU/Linux the name of the operating system. Linux the name of the kernel. Case closed.

      Whatever, dude. But don't come crying back to Slashdot to complain if you get a cease-and-desist letter. You can ignore trademark law if you want; the rest of us will play by the rules and respect Torvalds's rights.

      --

      I write in my journal
    51. Re:Does that mean... by jgerman · · Score: 1

      This is getting tiresome, especially since you persist in putting words into my mouth. Worse case scenario, since Linus is the whiner, the OS is distributed as GNU, with a small bit of text in the corner of the box that says "using the Linux kernel". I'm done with you.

      --
      I'm the big fish in the big pond bitch.
    52. Re:Does that mean... by Twirlip+of+the+Mists · · Score: 1

      Worse case scenario, since Linus is the whiner, the OS is distributed as GNU, with a small bit of text in the corner of the box that says "using the Linux kernel".

      Excellent. Childish remarks about whiners aside, that would satisfy me perfectly. Thanks.

      --

      I write in my journal
  15. Public Letter? by Anonymous Coward · · Score: 0

    How about a public execution!

  16. How to prove anything? by dk.r*nger · · Score: 5, Interesting

    Being a relatively non-hardcore geek, I wonder how it is possible to actually prove that GPL'd code was used?

    Once compiled and linked and what-know-I, the source would be rather obscure, and after all, other products seem to do the same tasks, yet not using GPL code..

    Please enlighten me!

    - rnger

    1. Re:How to prove anything? by Ark42 · · Score: 5, Interesting

      As I understand it, there were function signatures (linking information) indendical to all the functions from certain pieces of Linux kernel code. After their first request for source under GPL, they removed that information but the rest of the binary code remained unchanged. I would consider that pretty strong proof that they are knowingly stealing from the Linux kernel.

    2. Re:How to prove anything? by CanadaDave · · Score: 1

      I'm if they went to court, the source code that was used to compile it would have to be provided. Of course everyone could sign and NDA, to protect what IP the company did produce on their own. Just a guess though, common sense.

    3. Re:How to prove anything? by the+gnat · · Score: 1

      Sometimes all it takes is running 'strings' on the binaries.

    4. Re:How to prove anything? by miu · · Score: 1
      Sometimes all it takes is running 'strings' on the binaries.

      or 'nm'.

      --

      [Set Cain on fire and steal his lute.]
    5. Re:How to prove anything? by bwt · · Score: 5, Informative

      During the discovery phase of the trial, the defendent would have to produce the complete source code and build instructions for their product. The plaintiff would have an expert follow the build instructions and verify that they result in the exact exectuable that the defendent ships. Then the expert would examine the source code for "substantial similarity" to the copyrightable elements of the linux kernel code. A judge would hear this testimony and rebuttals and examine the evidence it was based on.

      Legal arguments on affirmative defences of fair use and licence compliance could be made. The judge would rule on infringement, then if the plaintiff prevails, he would rule on damages. Factors influencing damages would be willfulness of the infringement and the presense or absense of commercial gain as a result of the infringement.

    6. Re:How to prove anything? by jbottero · · Score: 1

      Kindly remove you head from your ass. The man was just asking a question.

    7. Re:How to prove anything? by Black+Copter+Control · · Score: 4, Interesting
      During the discovery phase of the trial, the defendent would have to produce the complete source code and build instructions for their product.

      They might not have to. At the very least, the defendant could probably delay execution by arguing over whether they really had to produce their entire source code (on the basis of trade secret). This would, however, probably preclude them from producing code in their defence later on.

      In any case, I don't think that there would be need. The GPL owners would simply have to produce the original (copyright) source code and show that it compiled down to something that looked like the impugned binaries. If this was convincing, then the defendant would have to prove that there was some other source for those binaries (at which point, producing their own (non-GPL) source code would be the one of the few choices).

      On the other hand, given that they've already distributed these binaries with strings identifying them as the GPLed Linux code, we've already got a smoking gun. That they then pulled the signatures but continued to distribute (substantially) the same code, is pretty damning as proof of malicious intent.
      (Remember: burden of proof in civil suits is only balance of probabilities, not beyond a reasonable doubt)

      Legally speaking (IANAL), I'd say that these bastards are pretty much cooked.

      Legal arguments on affirmative defences of fair use and licence compliance could be made.

      Yep. Wholesale copy of the code probably fails the 'fair use' defence, and lack of source distribution pokes a big hole in the 'license compliance' defence.

      The judge would rule on infringement, then if [when!] the plaintiff prevails, he would rule on damages. Factors influencing damages would be willfulness of the infringement and the presense or absense of commercial gain as a result of the infringement.

      Deletion of the signatures after the first letter is pretty good proof (IMHO) of willful infringement, and they're selling the code (with the systems).

      --
      OS Software is like love: The best way to make it grow is to give it away.
    8. Re:How to prove anything? by boots@work · · Score: 5, Interesting

      Here's a step-by-step walkthrough proving that a scumbag called Stephen Kapp wripped off some GPL'd code that I wrote.

      You can see that the functionality is very similar, and that by using some simple tools to compare the binaries we can see they're the same on the inside. What we see here is mostly the names of functions which carry through from the source to the binary, to support debugging, run-time-linking, and similar things. The LKML post said that these strings were also found to be the same, and then Castle removed them, which is clearly evidence that they knew they'd been caught stealing.

      Basically we're looking for patterns and similarities. Although somebody could (legally) write a program that had the same user interface, it's astronomically unlikely that they'd call their functions the same thing and have the exact same design.

      Stephen Kapp crawled back under his rock once this was published. I expect Castle will do something similar: just continue to deny that it ever happened, but remove the code.

      Similar things have happened to other major open-source projects. It hasn't been to court yet because, as far I know, every case has either been an honest misunderstanding, or an intentional violation but the perpetrator skulked away when challenged. I suppose in both cases it's not worth the FSF's time&money to take it further, but the drawback is that there's no clear example to others.

      I really hope the FSF does help the copyright owners bring a lawsuit, it's time for a demonstration and I'd certainly throw in a hundred bucks to help fund it.

      This isn't just a free software problem though: people who publish proprietary reusable code (development libraries, ...) have lots of trouble preventing copyright infringement. I don't think I've ever seen a Windows developer's machine that didn't have pirated, or at least unregistered-shareware, software.

    9. Re:How to prove anything? by Mark+(ph'x) · · Score: 1

      Yup I can see it now... ignorant justice in action: ....and as you can the heuristic dectection of the compiled machine code results in clear similarities....

      Could you please be more clear on what these 'computers' do?

      Our computer has a blue case and a GNU is hairy.

      Seems pretty clear to me! Case dismissed!

      *groan*

      * RMS yells at the judge about free as in freedom until he is locked up for contempt of court.

      --
      those who control the past, control the future. those who control the present, control the past.
    10. Re:How to prove anything? by JohnnyDoesLinux · · Score: 1

      Look at their webpage in the "software" section. I have a hard time believing that all of the same apps that run under Linux (and probably BSD) were all ported to this proprietary OS. I see pretty much the same multimedia apps that are available that I use under Linux.

    11. Re:How to prove anything? by GC · · Score: 1

      if you're going to rip off someone elses code, you'd think they'd strip it first...

      I doubt that this is the result of someone running strings on the binaries.

    12. Re:How to prove anything? by pla · · Score: 1

      Yup I can see it now... ignorant justice in action: ....and as you can the heuristic dectection of the compiled machine code results in clear similarities....

      Heh, you beat me to it.

      Actually, though, I had something more along the lines of Microsoft suing Linus... "Look, your honor... See all those "if"s and "for"s, and how he quite blatantly follows the same (purely stylistic, of course) habit of *closing* all the parenthesis he opens? Clear infringement!"

    13. Re:How to prove anything? by Anonymous Coward · · Score: 0

      This court finds for the plaintiff, and orders the defendant to pay damages amounting to the sum of zero dollars.

      Court is adjourned.

    14. Re:How to prove anything? by Cyno · · Score: 1

      A quick way to compare two binaries might be to do diffs on their strings output, check which libraries they need/want/use, monitor their system calls through sar or various traces, run them through a debugger and check variable names, values, etc.

      But I'm real stoned right now, so I may have spelled a few things wrong.

    15. Re:How to prove anything? by Ungrounded+Lightning · · Score: 1

      I mostly agree - great summary.

      BUT:

      During the discovery phase of the trial, the defendent would have to produce the complete source code and build instructions for their product.

      They might not have to. At the very least, the defendant could probably delay execution by arguing over whether they really had to produce their entire source code (on the basis of trade secret).


      Secrecy isn't a defense to that requirement. The judge can just keep it under seal and only give it to the hired third-party expert, withholding it from the plantifs and from the public-domain trial documents.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    16. Re:How to prove anything? by thogard · · Score: 1

      Currently 3com is shipping their 3com nbx 100 phone system with a single exe that includes GNU Tar, GNU Zip and the IMAP tool kit. Some of the players have know about it for over a year but so far I don't have source and since the thing is buggy and I code, I would like to fix the bugs my self.

      The problem is how do you know they stole they code? If they do anything to keep you from looking at the code, there is a very good chance that you'll be violating DMCA when you do. So if they encrypt the executables and hide the stolen code under threat od DMCA, the original owner is screwed either way. All GNU code needs to have a "you can reverse engineer this code" clause to counter recent US laws.

      Its my understanding the 3com was one of the few IT compaines that was a supporter of the DMCA.

    17. Re:How to prove anything? by Senjutsu · · Score: 1

      If the original author disassembled the code, would it violate the DMCA?

      Can you be charged if you're breaking access controls to get to what amounts to something you hold the copyright on?

    18. Re:How to prove anything? by kris · · Score: 1

      There is a whole bunch of reverse engineering methods that can be automated and performed on binary code. Team Teso held a lecture on such analysis for the purpose of automated buffer overflow detected and code injection on 19C3 in Berlin this year.

      What they demonstrated was the use of a very small disassembler library, a set of subroutines to isolate basic blocks (blocks of code that are neither source nor target of any jump) and a set of graph algorithms as well as a plotting library. Using this, they were able to generate a pretty characteristic view on code structure and control flow, not exactly identical but very similar to a flowchart diagram of the code.

      Kristian

    19. Re:How to prove anything? by tijsvd · · Score: 1
      Factors influencing damages would be willfulness of the infringement and the presense or absense of commercial gain as a result of the infringement.
      There's a dangerous point. As Linus and other kernel developers have no commercial interest, they loose nothing by someone illegally using their code. Could it be that a judge would rule in favor of the plaintiff, but award no damages (as no damage was done)?
    20. Re:How to prove anything? by kyz · · Score: 1

      IANAL.

      I think the DMCA prevents you reverse-engineering "effective controls" only if you then publish the details of those controls, or material which was protected by them. If you reverse-engineer "effective controls" in order to prepare evidence of copyright infringement in a private litigation, I doubt that would be considered as "publishing" in any respect. If it was, I'm sure the court would give some sort of authority (perhaps to police or government official operating on your behalf) to circumvent the DMCA for that specific instance.

      Adding "you can reverse-engineer this code" to the GPL wouldn't do anything, as I could start reverse-engineering, say, Photoshop, on the grounds that I "might find some GPL code" which gave me permission to reverse-engineer anything and everything in order to find if it had been stolen or not.

      Oh, and if something is outputting .tar.gz files, there's no need to use GNU tar or gzip. The tar file format is freely knowable (it was originally invented in AT&T UNIX) and the zlib needed to compress it is BSD licensed.

      --
      Does my bum look big in this?
    21. Re:How to prove anything? by bwt · · Score: 1


      Nope. If somebody steals your refridgerator, they can't argue you weren't going to sell it, so it had no value. You COULD sell it, and the value they got for it on the market puts a minimum equivalent value. Same thing with IP.

      Revenue generated by the infringer as a result of the infringement counts as actual damages regardless of whether the copyright owner is even offering his product for sale. This is black letter law and highly uncontroversial. It is not a defense to say "hey the author wasn't making this available". The idea is that the author has the option in the future to sell his copyright and the revenue it generated for the infringer reduces that latent value.

      More importantly, GPL code has a value in its ability to motivate people to contribute their IP to it. People seem to neglect this "barter value", but it is real. If somebody would have to go out on the free market and buy the copyright for an equivalent piece of code for $10K, but has gotten it for free because of the IP barter aspect of the GPL, then an economist could probably attach a monetary value to the original code based on barter equivalenvce. Bankruptcy courts and VC's do this kind of analysis all the time on IP owned by startups.

    22. Re:How to prove anything? by thogard · · Score: 1

      When I found out that GNU Zip was included in the program, I asked its copyright holder for premission to reverse engineer.

      Your assumption about adding the reverse-enginerring clause is wrong. Without it, you can't touch the code at all if its been compiled (a good lawyer woucl convice a jury that its been locked up by the compiler). Thanks to DMCA, you have no legal right to disassemble anything that you don't own the copyright for. Those rights must be supplied from somewhere in order to protect aginst code theft.

      If the clase was int the GPL, it still won't give you rights to disassemble photoshop. Reverse engineering their code would be a violation of the license unless you found something, then you have a way out. As it is now, if you disassembled photoshop and found part of the linux kernel, Linus could sue adobe but you would end up like Dmitry Sklyarov but with a high chance of the charges not getting dropped.

      While the program in question does produce tar.gz files, the string "You should have recieved a copy of the GNU GPL" in the executable is a clue that they jsut ripped it off. Same thing with the IMAP tool kit.

    23. Re:How to prove anything? by jelle · · Score: 1

      Goodwill is worth something too, and that is most often not builtup by receiving moneys.

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
    24. Re:How to prove anything? by WhiteDragon · · Score: 1

      This sounds like a serious issue in and of itself. I had never heard of it except for this comment. I think that would be a good one for the FSF to try to take on, since they actually own the copyright to GNU tar, gz, etc. It would be cool if it could get submitted as a story, instead of just a comment, to get more exposure.

      --
      Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
  17. grrr... by Markusis · · Score: 2

    This is the kind of stuff that really gets under my skin. One of the most important aspects of the kernel code is that it is Free. If it wasn't free, it wouldn't be what it is and no one would want to use it at all. Greedy bastards. Forget suing them, I'll fight them myself.

    --Mark.

    1. Re:grrr... by Anonymous Coward · · Score: 0

      That is a very interesting definition of free. How can software be free if one is not free to link it to other software or hide the source code? This is very obviously limiting the rights of the user so this is not entirely free. Now go hurt yourself.

    2. Re:grrr... by Anonymous Coward · · Score: 0


      Things can be what they are, and good, without being free.

      Maybe these people are just dumb and they made a mistake.

      (Here's where I wish the GPL was easier for me to understand (or maybe I mean I wish I had skills...) Can I charge access to a website that I've built using GPL'd code? Can I run the same server software at co-lo's around the world? Can I franchise the business and distribute my server software?

      -coward

    3. Re:grrr... by RoyBoy · · Score: 1

      Hmmm, ok since you're AC'ign I grant you the assumption that you're being purposefully dense instead of just truly clueless.

      Yes, you can make godo things without free software, but if you can;t then you are NOT allowed to steal free code to complete your product and then violate the license under which you got the free code in the first place. If you want the ability to protect you own creations, you have to respect others rights to do the same.

      As for understanding with the GPL does and does not allow, I think it very clear. If you don't think so, either take an advanced coruse in engligh, or hire a lawyer to decode it for you. In either event, I'm sure you'll soon understand that you can do all of the about things, as long as you make the code you've created freely available to anyone who asks you for it. It's really just that simple.

      --
      -- People who think they know it all, really annoy those of us who do!
    4. Re:grrr... by Anonymous Coward · · Score: 0

      FYI...I will include GPL source in my commercial project *just* to piss you off.

      Stupid fucking GNU/Trolls.

    5. Re:grrr... by Anonymous Coward · · Score: 0

      The same way I can be free even though I don't have the right to kidnap you. You can't allow "take away others' rights" and keep an equitable system of rights, so you have to forbid doing that.

    6. Re:grrr... by Anonymous Coward · · Score: 0
      take an advanced coruse in engligh
      That's unpossible!
  18. Who would take the case? by notNeilCasey · · Score: 1

    Would Linus sue as himself, or would the FSF or the EFF take the case? If so, would it have to be on his behalf? IANAL, AY?

    1. Re:Who would take the case? by mongre · · Score: 4, Interesting

      Well IANAL but I expect each one of the copyright holders for the code could individually seek damages for the infringement. Alternatively they could probably all work together on a single suit.

      That is why the poster to lkml mentioned the sections since all the copyright holders of those sections are affected.

      As to comments that have or are going to be made regarding the GPL getting its day in court, the reason that this has not happened already is not because the GPL is weak, but because it is strong.


      Much murmuring...to the supposed effect that the absence of judicial enforcement, in US or other courts, somehow demonstrates that there is something wrong with the GPL, that its unusual policy goal is implemented in a technically indefensible way, or that the Free Software Foundation, which authors the license, is afraid of testing it in court. Precisely the reverse is true. We do not find ourselves taking the GPL to court because no one has yet been willing to risk contesting it with us there.

      Eben Moglen

      In fact he has written two papers on the specific issue of GPL enforcement.

      http://emoglen.law.columbia.edu/publications/lu-12 .html
      http://emoglen.law.columbia.edu/publications/lu-13 .html

      My expectation is that this company will buckle as soon as their lawyers get a look at the GPL in detail and what their developers/management did. The fact that the company actually took steps to hide their infringement is also going to look very bad in court. They are only making it worse for themselves. They should do themselves a favour and work out an agreement with the kernel developers before they really get burned.

    2. Re:Who would take the case? by The+Monster · · Score: 1
      They should do themselves a favour and work out an agreement with the kernel developers before they really get burned.
      That is practically impossible. I don't know the exact number of people who have contributed code to various sections of the kernel; maybe nobody knows that number. Those people don't even agree on how to pronounce the name 'Linux' (Is it LIH-nuks, LIE-nuks,... or guh-NEW-lih-nuks...) so getting them to all agree to any arrangements in this case isn't worth talking about.

      The only thing that could dissuade ALL of the copyright holders from filing would be for the offenders to post all the source code, and an apology, on their website before ANY of them get to the courthouse.

      --

      [100% ISO 646 Compliant]
      SVM, ERGO MONSTRO.

  19. Evidence??? by workindev · · Score: 0, Flamebait

    I don't know what is more disturbing: Somebody disgracing the sacred GPL for profit (GASP!), or the fact that somebody else actually examined a binary ROM looking for the binary signatures of Linux kernel functions.

    One of the two needs to get a life (I'll leave it up to you to decide who).

    1. Re:Evidence??? by Anonymous Coward · · Score: 0

      you are an idiot...and your mod rating just backs that up.

    2. Re:Evidence??? by Mr+Z · · Score: 1

      It's probably more like somebody happened to be looking for the ROM for some other purpose, noticed a bunch of symbols that looked familiar, and started poking around the Linux kernel to compare. (They may have even seen "Linux" or similar strings.) In this case, the affected code is PCI setup code, so maybe the person who noticed was debugging some problem on their particular system that uses this product, or were developing a PCI driver.

      --Joe
    3. Re:Evidence??? by Anonymous Coward · · Score: 0

      Russel King is the maintainer of the ARM port of Linux, and RISC OS is what ships on many commercially produced, general purpose ARM machines (ARM processors are also seen in PocketPCs, set top boxes, phones, etc). It's possible (speculation here, haven't read the LKML posts) he was reverse enginnering something or happened upon this info when paging through a ROM dump attempting to gather info about a system to get Linux running on it. Of course, being a kernel maintainer he knows the Linux kernel pretty well and could easily spot similarities.

  20. Who files a lawsuit? by tinrobot · · Score: 4, Interesting

    Here is a question... Most OSS, and this kernel, specifically, is created by the contibutions of many individuals. So, who in the world can file a lawsuit over matters like this?

    Would it be the many individuals? (They're probably not that rich) Would it be some benefactor, like Mitch Kapor/FSF? (He's rich, but has to pick his battles) Or perhaps a money hungry lawyer working for a fat contingency... Who files the lawsuit and pays the fees?

    Have cases like this gone to court in the past?

    1. Re:Who files a lawsuit? by cranos · · Score: 1

      Ummm from my basic understanding, Linus has retained copyright on the kernel, therefore he is the one to take any legal action.

      Under GPL you retain copyright.

    2. Re:Who files a lawsuit? by JesseL · · Score: 1

      Actualy, I think that most individuals who have contributed to the linux kernel still hold the copyright on their portion of the code, unless they have explicitly transfered the copyright to someone else.

      BUT, since so much of the kernel at this point consists of derivative works of derivative works etc., I'm still not sure who would be the one to take legal action.

      --
      "Prefiero morir de pie que vivir siempre arrodillado!"
    3. Re:Who files a lawsuit? by On+Lawn · · Score: 2, Informative

      As I understand it that couldn't be further from the truth. Linus has intentionally let everyone keep copyright of their pieces. He said this was to keep one company from buying him (or any two or three) developers.

      That makes him different then SleepyCat and others who retain copyright so they can release code under any copyright they wish to (which I also support as useful in some situations).

      -------------------
      OnRoad: The automotive magazine for before your ride home.

    4. Re:Who files a lawsuit? by bwt · · Score: 2, Informative

      Absent an explicit, signed contract transferring copyright ownership, the author retains copyright for those elements of the work which are his original expression. *Use* requires a licence, ownership transfer requires a signature.

      Some people do sign over their copyright ownership when they participate in GPL projects, but more often people don't. The crux of the issue is whether you can *change* the licence. For example, the FSF can update the GPL and the changes take effect immediately on any works they own the rights to.

      Assuming that no explicit transfer of copyright ownership has happened, the authors of the particular code that was copied probably each have an independent cause of action against the plaintiffs. That could hurt the plaintiffs, because the statutory damages can be calculated for each act of infringement.

    5. Re:Who files a lawsuit? by wasabiboy · · Score: 1

      Wouldn't anyone (e.g. a competing firm) that wants access to the modified code have the right to sue for it?

    6. Re:Who files a lawsuit? by jedidiah · · Score: 1

      Class action lawsuit.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Who files a lawsuit? by necromaedian · · Score: 2, Informative

      I'm no expert on the GPL but this sounds correct to me. Which is probably why Mr. King is asking for "[any] peoplewhohavetouchedanyofthefollowingcode:
      -PCIsubsystem
      -IOresourceallocation",
      to come forward.

    8. Re:Who files a lawsuit? by Bruce+Perens · · Score: 2, Informative
      Any one of them or a number of them collectively may file suit. All cases have been settled out of court, we've always won - meaning the other party has always removed the infringement, or applied correct terms to their own code.

      Bruce

    9. Re:Who files a lawsuit? by Bruce+Perens · · Score: 2, Informative

      No, Linus has the Linux trademark. He only has the copyright for his own code.

    10. Re:Who files a lawsuit? by Bruce+Perens · · Score: 2, Informative
      Any one of the copyright holders can sue, or a number of them can band together and sue. We've always won, but the cases have never gotten to court. Their side's attorney concludes that they'd lose the case, and they settle before going to court. They either remove the infringement and apologize, or they place the linked code under a GPL-compatible license. Note that this need not be the GPL, the X license and the LGPL are GPL-compatible, so are a number of other licenses.

      Bruce

    11. Re:Who files a lawsuit? by Galvatron · · Score: 1
      IANAL, but as I understand it, the individuals would have to sue. They could be bankrolled by someone else, of course. This is why the FSF insists that you give them the copyright for any code that you submit to their projects, so that they can sue for any violation.

      I would guess that in this case, Linus himself (or Alan Cox, or one of the other major contributors) wrote enough of the code that he can sue alone for infringement on those particular portions that he wrote.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    12. Re:Who files a lawsuit? by John+Hasler · · Score: 1

      > For example, the FSF can update the GPL and the
      > changes take effect immediately on any works
      > they own the rights to.

      More precisely, it takes effect for any copies they distribute under the new license.

      > That could hurt the plaintiffs, because the
      > statutory damages can be calculated for each act
      > of infringement.

      I would think that would hurt the defendant.

      Is the kernel copyright registered? In the US that is required for statutory damages.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    13. Re:Who files a lawsuit? by Ed+Avis · · Score: 1

      It's a good question. And this is one of the main reasons the FSF asks for copyright assignment on contributed code - so they can go to court if someone infringes (ie, distributes GPLed code under a licence other than GPL) and say unequivocally, we are the copyright holders and the defendant is in breach of copyright.

      Linus chose not to require such assignment, so the copyright on the code is held jointly by many people. IANAL, but it seems reasonable that just one of them could still sue if he or she had written a substantial chunk of the copied code. But it's not quite so clear-cut as before.

      --
      -- Ed Avis ed@membled.com
    14. Re:Who files a lawsuit? by Sneftel · · Score: 1

      A class action lawsuit would be useless here; the GPL is an agreement between the author and the user of the code, not between the user of the code and all the other users. The only person with standing in a copyright violation case is the person who holds the copyright.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    15. Re:Who files a lawsuit? by HiThere · · Score: 1

      That sounds right to me. Of course, you'd first need to buy a product that included the binaries that you wanted the source code to. Is that expensive? (I haven't bothered to check what they make.)

      I think that under the GPL, anyone who buys your product has the right to the source, so they have the right to sue you for it. They probably have even more of a right to this than the original author. (The company could argue that the original author wasn't being deprived of anything of monetary value, but that clearly isn't true for the customer.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    16. Re:Who files a lawsuit? by mwa · · Score: 1
      Wouldn't anyone (e.g. a competing firm) that wants access to the modified code have the right to sue for it?

      Interesting. Anyone who contributed the code being used (e.g. those portions whose "function signatures" were apparent) could sue for copyright infringement and "GPL enforcement" would still be in the area of copyright law. Your proposal, on the other hand, would be a true test of the "enforcability" of the GPL's extension of copyrights that require a distributor to make the source available. I think, however, that you'd have to buy the product first, as selling GPL software is allowed, but once sold (distributed) to someone, the source must be made available to whoever received the distribution.

      IANAL: For a correct answer, buy a copy and try suing them....

    17. Re:Who files a lawsuit? by smyle · · Score: 1
      Note that this need not be the GPL, the X license and the LGPL are GPL-compatible, so are a number of other licenses.

      I thought it worked the other way around.

      You can't put GPL code into an LGPL application, but you can put LPGL code into a GPL application.

      Correct me if I'm wrong here, but since the BSD license is listed as being [1] "GPL Compatible" by the FSF, you could take the kernel, redistribute under the BSD license, then make your changes and redistribute again with a mere mention of "Thanks to ...".

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    18. Re:Who files a lawsuit? by bovinewasteproduct · · Score: 1

      Correct me if I'm wrong here, but since the BSD license is listed as being [1 [gnu.org]] "GPL Compatible" by the FSF, you could take the kernel, redistribute under the BSD license, then make your changes and redistribute again with a mere mention of "Thanks to ..."

      It is only the 3 clause BSDL that is compatiable aka "can be taken"; The 4 clause (aka the advertising clause) is not compatiable.

      What they mean is that you can "take" 3 clause BSDL code, modify it and place it under the GPL. That is the only reason why I use the 4 clause BSDL on my code. I don't want people relicensing it. If you want to hack on my code and redistribute, then you need to use the SAME license I do, the BSDL.

      BWP

  21. If it runs (parts of) Linux ... by Anonymous Coward · · Score: 0

    ... buy the product: it must be good!

    Place your orders at sales@castle.uk.co ;-)

    1. Re:If it runs (parts of) Linux ... by KingDaveRa · · Score: 1

      Of course its good! Its British! On a more serious note, RISCOS is actually pretty good. Its sitting on the inside of a lot of Pace STBs, as Acorn figured out how to do decent onscreen graphics on low-end TVs. The software wound up in Pace boxes as a result. Plus, how many 32-bit, multitasking graphical, multimedia OSes run out of ROM these days?

    2. Re:If it runs (parts of) Linux ... by Anonymous Coward · · Score: 0


      Nice publicity. I actually appreciate honesty, if that's what that is, even when if it comes at the expense of "our" side, sometimes.

    3. Re:If it runs (parts of) Linux ... by NeuroBoy · · Score: 1
      Of course its good! Its British!

      Hmm, you mean they figured out how to make it leak?
    4. Re:If it runs (parts of) Linux ... by The+Mgt · · Score: 1

      I wouldn't have thought Pace STBs, whether satellite or cable, were a good advert for anything. Horrible, badly designed GUI running on underpowered hardware. Probably nothing bad about the underlying OS but how can you tell ?

    5. Re:If it runs (parts of) Linux ... by Anonymous Coward · · Score: 0

      The GUIs of set top boxes are dictated by the content providers, not Pace. The content providers are also notorious for not transmitting streams that abide by the DVB standards, hence the occasional crash.

    6. Re:If it runs (parts of) Linux ... by rodgerd · · Score: 1

      For definitions of multitasking that include System 7, Windows 3.1, and other festering piles.

      I loved the UI of RiscOS 2 and 3, but the underpinnings were crap. Memory management, multitasking, file systems, you name it. Rubbish.

  22. Hold on. by Quasar1999 · · Score: 5, Interesting

    I have a question, perhaps it does not pertain to this situation... but where do you draw the line about code being stolen?

    For example, if lets say I stole a simple 3 line chunk of code that converts a date from one format to another, and threw it in my multi-thousand line project (which is all original except for those 3 lines), would it really be breaking the GPL? I understand that it of course technically is.. but at what point would the 'borrowing' of code be of such basic elements that really, there is no other way to solve a particular problem?

    Sure my above example sucks (it's friday afternoon, brains already gone)... but what amount of code warrants a "you're stealing you son of a b*tch" title, and what warrants a "meh... it's not rocket science, hell, there's no other way to do it, even if he hadn't looked at the code, this is the logical solution anyone with half a brain would come to..."...???

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:Hold on. by flamingweasel · · Score: 1
      For example, if lets say I stole a simple 3 line chunk of code that converts a date from one format to another, and threw it in my multi-thousand line project (which is all original except for those 3 lines), would it really be breaking the GPL?


      Yes.


      And the story referrs to theft on a different level. If someone can tell it's stolen by looking at the binary, the two pieces of code must be very similar.

      --
      Cthulhu loves you.
    2. Re:Hold on. by jasonditz · · Score: 1

      The GPL covers specific code and not generic algorithms. You can't cut and paste GPLed stuff without GPLing the subsequent code, but if you read the code 5 years ago and that algorithm is really the only solution you can certainly write a variant of it.

    3. Re:Hold on. by dk.r*nger · · Score: 2, Insightful

      but what amount of code warrants a "you're stealing you son of a b*tch" title, and what warrants a "meh... it's not rocket science, hell, there's no other way to do it, even if he hadn't looked at the code, this is the logical solution anyone with half a brain would come to..."...???

      That is a pretty good question.. If the GPL was enforced as some corporate IP agreements are - successfully - ever working on GPL'd code would forbid you to do even mildly related non-GPL work, at least for a year or so..

      I mean.. I you work in any sort of development or engineering, your company owns any related thought you might have off the job, and you'll get in trouble working for a competitor within a period of time after leaving that job.

      - Ranger

    4. Re:Hold on. by JoeBuck · · Score: 4, Interesting

      A three-line chunk would probably come under fair use. Also, there are some code sequences that pretty much can only be written one way; again it's fair use. The fact that it's the GPL makes no difference here.

      The line between fair use and copyright infringement is fuzzy.

    5. Re:Hold on. by OneFix · · Score: 1

      Well, it's fairly clear...if you admit to stealing that code, you are clearly in violation...if, on the other hand, if you deny that is where you obtained the code, they would have to prove the likely-hood that you came up with those 3 lines of code on your own...

      In this case, it's probably a much larger chunk of code (PCI Subsystem and IO Subsystem)...and, upon review of the code, it will be obvious that they stole code...

    6. Re:Hold on. by Aviancer · · Score: 1
      I remember something about this back from my BBS days... Renegade and Tele---something were essentially clones of one another... Tele--whatever was commercial and Renegade went free after 60% or so of the code had been "rewritten".

      So I guess my point is that the rule of thumb is -- from what I remember -- 60% of the code should be orignal to be considered a fair use of the remaining 40%.

      Anyone out there who remembers that can clarify I'd be grateful.

    7. Re:Hold on. by Jeremiah+Blatz · · Score: 1
      JoeBuck (7947) writes:
      A three-line chunk would probably come under fair use. Also, there are some code sequences that pretty much can only be written one way; again it's fair use. The fact that it's the GPL makes no difference here.
      Are you sure that it makes the GPL irrelevant? You may not be violating copyright law by using the code, but you are violating the terms of your license. As such, you are bad, and can be reasonably sued, and compelled to do what the judge tellys you to do if you lose.

      Now, if it's actually 3 lines of code, you can probably say that you came up with it on your own, and the FSF would have to have some proof that you stole the code (testimony from the developer, emails, whatever).

      Of course, that doesn't appear to the issue here, as the post mentioned function signatures and the like. It looks more as if this is the wholesale copying of major systems.

    8. Re:Hold on. by msimm · · Score: 1

      If you where making a Honda what three line part of the code would have been stolen from Ford?

      --
      Quack, quack.
    9. Re:Hold on. by luthe · · Score: 1

      I would like to think that no one would waste their time and money over just a three lines.

    10. Re:Hold on. by Chokma · · Score: 1

      The ugly truth is: "It depends."
      - if the amount of code used is more than a single element, it will probably be under copyright. You can copy a sentence from Hemingway, but not a whole page. No matter if an author uses only obvious words every literate person knows, you cannot simply use his work as yours.

      - using common sense in creating a solution will not free you from the burden of doing so yourself instead of copying it. Of course, a car will need wheels and an engine. But that does not mean that a Mercedes is the "obvious" choice. You will have to create a solution on your own, which may resemble all the other solutions, but is somehow unique.

      - in software, there is usually "more than one way to do it" [Perl slogan], so copying some one else's source code may be easy but not legal. To take your example, a date conversion could be done by regex, by a clever algorithm or by using a huge table with all the existing dates you are interested in.

      - also note that some ideas may be patented, which extends beyond the mere copying of source code - you can be punished for creating a GIF no matter how you do it, unless you pay for a license to do so.

      That said, a person who disassembles 3 million lines of code to catch you using his 3 lines of copyrighted stuff will probably do *anything* to get you.

    11. Re:Hold on. by Anonymous Coward · · Score: 0

      Telegard. From what I can remember (from what I've read),
      the original Telegard was based off the WWIV source, but
      eventually it became "different enough" from it. Renegade may have done
      the same to Telegard itself. Again, I'm not sure, but
      hopefully someone can shed some light on this. (Google?)

    12. Re:Hold on. by bwt · · Score: 5, Insightful

      Are you sure that it makes the GPL irrelevant? You may not be violating copyright law by using the code, but you are violating the terms of your license. As such, you are bad, and can be reasonably sued, and compelled to do what the judge tellys you to do if you lose.

      Violating the terms of the licence is only illegal if it results in copyright infringement. Fair use is an affirmative defense to copyright infringement. One factor (of four) in determining whether fair use applies is the quantity of work copied. For three lines of code, that would be small.

      The most important factor, however, is commerical impact. If those three lines add a feature that fills a marketing gap, then the result of the copying is unfair competition and thus improperly obtained revenue.

    13. Re:Hold on. by Sanctuary · · Score: 1

      What if those three lines are just the function signatures, and you write your own implementation?

    14. Re:Hold on. by 91degrees · · Score: 1

      I think there are a number of tests, based on commercial significance, similarity and a few other factors. So if something is given away, the court will be a lot more lenient than if it was making money for a company.

      If I took a few lines from a large work, that would be fair use, but if I took a few lines from a limerick, it probably wouldn't, since I'd have copied the whole thing. But percentages aren't a good way of going about things either. It strikes me that if I were to take say 20% of that limerick (i.e. one line), then nobody would mind, whereas if I were to copy 20% of a movie, hollywood would sue my ass off.

    15. Re:Hold on. by belphegore · · Score: 1

      However, if the 3 lines of code are really the only logical way to implement something, and that feature is necessary to the product (but not patented), then the 3 lines of code could be viewed as being legitimately copiable, since the product feature is a scene-a-faire.

    16. Re:Hold on. by Anonymous Coward · · Score: 0

      Blast from the past..

      Telegard was a pretty decent BBS server. The pascal source (ver 2.5 as I recall) was leaked without some of the lower level modem code. Renegade picked up the code, wrote a new comm module (not very difficult since it wrapped a FOSSIL driver) and added a large number of new features. Renegade 1.0 was much better than it's Telegard parent.

      Telegard released a 2.7 version but I believe that was the end of it. Renegade was activly developed right up to the end of the BBS scene.

    17. Re:Hold on. by Jeremiah+Blatz · · Score: 1
      bwt (68845) sez:
      Violating the terms of the licence is only illegal if it results in copyright infringement. Fair use is an affirmative defense to copyright infringement.
      I agree that there may be no copyright violation, but you're still in violation of the license, right? Doesn't that mean that the licenser can stop the licensee from using the licensed product? (I.e, the FSF could make Castle stop using the kernel code.?)
    18. Re:Hold on. by wkitchen · · Score: 1
      Telegard released a 2.7 version but I believe that was the end of it. Renegade was activly developed right up to the end of the BBS scene.
      Renegade has been pretty stagnant the last several years, but appears to be not entirely dead. It has changed hands a few times. Some fairly recent (meaning less than a year old) info is here.

      Another classic BBS, Synchronet, has much healthier life signs. It has been GPL'd and is quite actively developed, including a Linux port. It also has a fair number of active users with a fairly active network of telnet accessible BBS's.

      BTW, any old time BBS'ers out there who might want to locate some of the BBS people you used to know, might be interested in this site, where you can list yourself for BBS's that you used to use.
    19. Re:Hold on. by Black+Copter+Control · · Score: 1
      For example, if lets say I stole a simple 3 line chunk of code that converts a date from one format to another, and threw it in my multi-thousand line project (which is all original except for those 3 lines), would it really be breaking the GPL?

      Law can sometimes be viewed as a natural-language programming language with judges as the execution model. Unfortunately, wetware logic modules -- even heavily trained wetware -- make for for notoriously inexact results.

      When you're looking for a boundary case, especially in the legal world, it's pretty much looked at on a case-by-case basis. The boundary even tends to move over time. Things that are clearly obnoxioux one year, may work their way to unacceptable some time later (and vice versa).

      The Eldred case in 1850, for example, might have been a slam-dunk winner (back when copyright was still less than the author's lifetime, lifetime+a century would have probably looked like forever). On the other hand, a lawsiut over race-based quotas back when they were still fighting over the legality of slavery would have been a textbook example of "moot".

      You'll also run into situations where people go judge-hunting .. trying to maneuver things so that your case is going to be a heard by a judge more likely to rule on your side than most others.

      --
      OS Software is like love: The best way to make it grow is to give it away.
    20. Re:Hold on. by Anonymous Coward · · Score: 0

      would it really be breaking the GPL?

      Yes! You agreed to a license to make use of that code, did you not? Please read the license. It is quite clear about this.

      You can NOT copy any GPLed code, ever, unless you release your derivative work under the same license, that is under the GPL.

      I think these guys should be taught a lesson and forced to release RiscOS under the GPL. Everyone wins in that situation anyway, except the founders of Castle technology, but all they wanted was money.

    21. Re:Hold on. by msouth · · Score: 1
      what warrants a "meh... it's not rocket science, hell, there's no other way to do it, even if he hadn't looked at the code, this is the logical solution anyone with half a brain would come to..."


      You are actually asking two questions, and that should be amplified. One is about brevity, and one is about something that pretty much anyone would write the same code to do. That could conceivably apply to longer pieces of code, and in that case it would definitely NOT be a time where the GPLness of the original code is invalid. One of the main advantages of open source is that you don't have to re-code the same thing over and over and over. When person X made that thing GPLed, he was thinking "This way, no one else will have to re-code this thing. And anyone who wants to take advantage of the fact that they don't have to re-code it (if they use my GPLed code) will need to put whatever they are using it for under the GPL, too. And that is more important to me than trying to make money with this, so I'll put it under the GPL."

      And if you ignore that because "well, anyone else would have written it this way anyway", you are violating both the spirit and the letter of the law by removing the benefit that the original offer hoped to derive/convey.
      --
      Liberty uber alles.
    22. Re:Hold on. by fucksl4shd0t · · Score: 1

      Ok, I wrote the following code fragment and GPLd it back in 1969:

      #include <stdio.h>

      void main(void)
      {
      int a;
      printf("Hello, World!\n");
      for(a=0;a<100;a++) ;
      }

      ANd I have seen variants of this code all over the place where they only took like 3 lines of it, but I just can't get ANYONE to admit to stealing it and giving their code away!

      --
      Like what I said? You might like my music
    23. Re:Hold on. by fucksl4shd0t · · Score: 1

      What if those three lines are just the function signatures, and you write your own implementation?

      Then either you're safe or free software is in serious danger. GNU started to be a "free unix" by implementing all the same api's (and making whatever changes and improvements were logical and necessary). When you implement an api, the function signature has to be the same as the one you're trying to implement, otherwise other apps can't use your implementation.

      It's gotta be a combination of stuff besides function signatures. Like, you have to have function signatures, and then blocks of 8-20 bytes of instructions that are identical, stuff like that.

      --
      Like what I said? You might like my music
    24. Re:Hold on. by Anonymous Coward · · Score: 0

      void main???
      no indenting??
      for loop not used?

    25. Re:Hold on. by fucksl4shd0t · · Score: 1

      void main??? no indenting?? for loop not used?

      Limitations of slashdot's ecode tag, sorry. The for loop is the only part of that code that doesn't typically show up in a c or c++ "how-to" book.

      Also, you seem to have been paying more attention to the code rather than noticing the year I cited that I wrote it. It's not logical to assume I wasn't even born then, but I wasn't. Furthermore, the GPL didn't come into existence until the mid or late '80s, and C probly didn't even have as much structure as I put there in 1969 (UNIX was still in development in a lab).

      I don't know why I responded to Anonymous Coward, though. Even when I troll I still use my username. :)

      --
      Like what I said? You might like my music
    26. Re:Hold on. by Malcontent · · Score: 0

      Is code really subject to fair use? DO we have fair use to the MS code and when can we look at it to see what parts can be used under this doctorine.

      --

      War is necrophilia.

    27. Re:Hold on. by WNight · · Score: 1

      > To take your example, a date conversion could be done by regex, [...]

      But, for some things there are obivous ways to do things. A patent forces you to reinvent the wheel, a copyright does not. Ten different programers can all have identical code in their program because it's just the way a skilled programer implements such a thing, and they can all have copyright on their own identical code.

      That means you can't just copy the code and call it yours, but if you look at it and it's the obvious way to do things, you can rewrite it and end up with identical results which you can call your own.

      Obviously that depends on your intentions. Looking at something and realizing it's the easiest way to do something produces identical results to copying and pasting, one's allowed, the other isn't. If you were already in court for other copyright violation I imagine things would go badly, if this was the sole case against you it would very likely be dismissed.

      Reading a Hemmingway story and writing one very much like his, but without his identical characters or his words, isn't a violation. Copyright is all about the form of the expression, not the substance behind it. It's why country music is all under copyright, yet they all thing about the dog being hit by a truck and their wife leaving them. :)

    28. Re:Hold on. by Chokma · · Score: 1
      But, for some things there are obivous ways to do things. A patent forces you to reinvent the wheel, a copyright does not. Ten different programers can all have identical code in their program because it's just the way a skilled programer implements such a thing, and they can all have copyright on their own identical code.

      I like the idea of 10 people producing the same code, each one under his own copyright. Perhaps it leads to a possible solution to the question "How to implement the obvious without violating another's copyright":

      Coding the standard solution in your own way will perhaps result in a binary which - due to compiler optimisation etc - will look exactly like someone else's work. But you can still claim it as your work.
      There is obviously a grey area between "copying" and "doing it myself", but to continue the book-analogy: if it is written in your words, eventually your description of a the same scene will differ from the one another author uses.
      So solving a problem the standard way will almost always result in identical code. But if the problem is large enough, every programmer's code will become a unique text at point. Much like the Bible (Gospel::Mc/Lk/Mt), where you have *almost* identical passages but often there are some words / phrases which characterize the writer.

      So a normal programmer may solve the problem the same way, but along this way he will eventually use his own words. If he does not and uses code which is 100% identical and goes on for hundreds of lines, he probably steals.

    29. Re:Hold on. by Daniel+Phillips · · Score: 1

      A three-line chunk would probably come under fair use.

      I seriously doubt that. Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.

      Which of these do you suppose your three line chunk would fall under?

      --
      Have you got your LWN subscription yet?
    30. Re:Hold on. by Ariven · · Score: 1

      WWIV code was "acquired" by the original programmer of telegard. Telegard was programed for a while then that person (I can't recall his name) ended up not being able to work on it.. I vaguely remember legal problems of some sort, but I may be wrong.

      After that Eric Oman (I believe) took over, worked on it til the 2.5x era and then Martin Pollard got involved...

      There was a falling out of sorts, Eric said to heck with it and publically told people they could work on the code and released one of the 2.5 versions to the public.

      Martin Pollard continued programming and released a 2.7 version or two... and eventually it got passed on to someone else.

      Renegade was conceived and worked on originally by Cott Lang, who took the code that Eric released and continued in his own direction. Eventually Cott decided to no longer work on it, and handed it off to Patrick Spence (Me) and I worked on it for a while with some assistance from Gary Hall.

      After I got tired of not getting volunteers to actually do the work they volunteered to do, I said to heck with it and passed it off to Jeff Herrings.

      Jeff gave up after a while (hard to work on RG when you don't have time free) and I took it back.

      Eventually I gave it to Corey Snow to work on and he has started a "write from scratch" version that he has listed on SourceForge.

      Thats the 25 cent version.

      Needless to say, I do not believe that Telegard or Renegade (not counting the new SourceForge project) come even close to qualifying for GPL status :)

  23. Old Joke by The_Rippa · · Score: 0, Troll

    Why don't Brits write their own OS?

    Because they haven't figured out how to make them leak oil!

    1. Re:Old Joke by KingDaveRa · · Score: 1

      I don't get it.

    2. Re:Old Joke by Anonymous Coward · · Score: 0

      All they needed was a little dental care...

    3. Re:Old Joke by Anonymous Coward · · Score: 0

      And some free stirility programs...

      Might help prevent more unwanted children/yanks.

    4. Re:Old Joke by kfg · · Score: 1

      Or make them overheat when Yanks use them.

      Or load a browser everytime you hit the reboot key sequence, but reboot everytime you use the "h" key.

      But hey, at least they've still got warm beer.

      KFG

    5. Re:Old Joke by JLester · · Score: 1

      Ever worked on a British car?

      Jason

      --
      "FORMAT C:" - Kills bugs dead!
    6. Re:Old Joke by Anonymous Coward · · Score: 0

      Nope... still waiting for the punch line.

    7. Re:Old Joke by Anonymous Coward · · Score: 0

      It's supposed to be warm, you ignoramus

  24. I hate to start a licensing flamewar... by meme_police · · Score: 0, Flamebait
    ...but who cares? People who license their code under the BSD License don't waste time and energy investigating these types of issues. Instead, they keep coding.

    Go ahead and moderate me down as flamebait for my heretical thoughts, but I fail to see how fighting these battles is at all productive.

    --

    The meme police, They live inside of my head

    1. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      You're right. BSD coders spend their time having to write, from scratch, features that others have added to their proprietary versions.

      Meanwhile, GPL coders are free to take whatever they life from the must-stay-open forks.

    2. Re:I hate to start a licensing flamewar... by themo0c0w · · Score: 1

      The point is that the Linux kernel is under the GPL, not the BSD license. Thus, you cannot copy from the kernel code without releasing your code under the GPL as well. Castle, however, is selling a product and not releasing the code...major violations of the GPL.

      This could be a major legal test for the GPL, since it never has actually been reviewed in litigation.

      --
      ph34r teh p0w3r 0f th3 c0w
    3. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      i think you answered your own question.

      look where freebsd is.

      now look where linux is.

    4. Re:I hate to start a licensing flamewar... by msimm · · Score: 2, Insightful

      The two camps are ideologically different. That doesn't make one more right then the other. Misusing the GPL like this is akin to me taking your BSD project and forcing you to GPL it. I don't think you'd be happy.

      --
      Quack, quack.
    5. Re:I hate to start a licensing flamewar... by theefer · · Score: 1

      People who license their code under the BSD License don't waste time and energy investigating these types of issues. Instead, they keep coding.

      This reminds me of the story of the "borrowing" of the IP Stack by Microsoft ... which had been sort of noisy, hadn't it ?

      --
      theefer
    6. Re:I hate to start a licensing flamewar... by IHawkMike · · Score: 1

      I fail to see how fighting these battles is at all productive.

      It not necessarily how productive fighting these battles is, but how damaging ignoring them can be. If every case such as this that comes up in the future gets ignored, the GPL pretty much loses all credibility. If that happens, coders may lose motivation to code, knowing that some company is just going to steal it and sell it for their own gain. Open source would wouldn't be the great ideal that it is now.

      Also, since the GPL has yet to be tested this would be a monumental case that would help prevent this from happening in the future.

    7. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      ...but who cares? People who license their code under the BSD License don't waste time and energy investigating these types of issues. Instead, they keep coding.

      Some people like the BSD license, so they use that. Linux does not.

      If somebody had swiped some code from Photoshop, and Adobe threatened action, would you say to Adobe "Who cares? Go back to your coding."? Or what if I made copies of the Photoshop CD, and gave it to all my friends? Who cares? Go back to your coding. Either way, it's a license violation, and that's why it's important.

      It's productive to fight GPL violations so people know they can't get away with it. One of the reasons I pick the GPL for my smaller projects is because it's a well-known license. If I made up my own license, there's no way I'd be able to defend it in court myself. But if anybody tries a stunt like this, I can say "Hey! It's GPL. Stop using my code in your proprietary product, or I'll take you to court. Look what happened to these guys who tried it."

    8. Re:I hate to start a licensing flamewar... by morcheeba · · Score: 1

      yeah, I agree completely.

      My friend doesn't waste time and energy investigating people who steal his money. Instead, he just earns more money.

      Go ahead and mod me down as flamebait for my heretical thoughts, but I fail to see how catching robbers is at all productive.

      ----
      I bit.

      Yeah, of course there are people who license code under the BSD, and that's their choice. It's a basic philosophical diference between the BSD and GPL. But the existence of the BSD shouldn't limit the ability of copyright holders (GPL licensors included) to uphold their rights.

    9. Re:I hate to start a licensing flamewar... by plierhead · · Score: 2, Insightful
      The two camps are ideologically different. That doesn't make one more right then the other. Misusing the GPL like this is akin to me taking your BSD project and forcing you to GPL it. I don't think you'd be happy.

      Interesting point but only hypothetical and not relevant in this case. The very nature of the BSD license is that if you issue your code under it, you more or less grant anyone else the right to do whatever the hell they want with it (as long as they keep your name on it).

      On the other hand, If you choose GPL, you are aiming to restrict people's rights, so you need to be ready to be a policeman if people try and operate outside those restrictions.

      To stretch a historical point, the BSD license is somewhat like Gandhi's passive resistance and refusal to fight, a strategy that eventually overturned the aggressor (ie Britain) more effectively than fighting ever could have done.

      --

      [x] auto-moderate all posts by this user as insightful

    10. Re:I hate to start a licensing flamewar... by plierhead · · Score: 1
      look where freebsd is.

      now look where linux is.

      There are lies and then there are damned lies, and then there are statistics.

      You could just as well say "Look at apache (BSD)...and then look at the GPL web servers (OK, none come to mind, but thats my point)."

      --

      [x] auto-moderate all posts by this user as insightful

    11. Re:I hate to start a licensing flamewar... by theefer · · Score: 1

      My friend doesn't waste time and energy investigating people who steal his money. Instead, he just earns more money.
      I guess you have not understood what GNU and GPL is all about ...

      --
      theefer
    12. Re:I hate to start a licensing flamewar... by deanj · · Score: 1

      You mean someone that makes something, and then protects it with a license so no one can violate the intentions of the person/people that made it?

    13. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      Yeah, but no one cares about your friend's software.

    14. Re:I hate to start a licensing flamewar... by msimm · · Score: 1
      I appreciate your response. But I feel like you are just reiterating why you choose to belong to your particular camp.

      I think my point is relevant. It seems BSD users have a certain pride regarding their license of choice (of course GPL'er can relate to that). I would imagine BSD users might even protect their chosen license should it be abused (its permissive, but its still a license, right?). So this could easily be either of us defending our chosen camp.
      On the other hand, If you choose GPL, you are aiming to restrict people's rights, so you need to be ready to be a policeman if people try and operate outside those restrictions.
      Is just bait and I wont bite.

      Thanks for you response though.
      --
      Quack, quack.
    15. Re:I hate to start a licensing flamewar... by jedidiah · · Score: 1

      No, the BSD is just Public Domain except for the name.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    16. Re:I hate to start a licensing flamewar... by k12linux · · Score: 3, Interesting
      ...I fail to see how fighting these battles is at all productive.

      Like others have said.. violations of the GPL have to be fought. If you fail to enforce the license then it soon becomes meaningless and you loose the ability to enforce it later.

      Having an enforceable GPL is important. Many of the programmers who choose to use the GPL license or work on GPL licensed code would be lost if GPL turned out to be un-enforceable.

      Personally I have no interest in spending a few hundred hours working with a group of programmers writing code only to see a company come around, grab it up, change a few things and perhaps change the output to a proprietary format. Then they start selling it and it becomes very popular but they keep the code to themselves.

      Wouldn't that be great? Now not only are they making money off our original effort, but we can't even take advantage of the new product without paying. Heck, we can't even make our original program use their file format without risking breaking the law (DMCA.)

      So even though we did nearly all the work we all would have to pay someone else in order to be compatible with the version that "everybody else" was using.

      With GPL (if it is enforceable,) the company would have to release their changes back as GPL as well. Now we don't have to worry about suddenly needing to pay for what we worked on and gave to the world as free.

      As far as wasting time fighting instead of coding goes... that is exactly why a lot of GPL programmers have assigned copyright of their software to third parties like the FSF.

    17. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      this is the fancy literary technique that was employed with no success.

    18. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      wow, it's amazing how people can take a minor difference between two free software licenses and turn it into a goddamn religion.

      The GPL and BSD are the SAME unless you're 1) changing the files and 2) redistributing the changed files. How many people out of the universe of software users ever do that with their software?

      BSD is like Gandhi? WTF. Those two concepts don't even map onto each other.

      Here's another analogy, equally useless: BSD is like the unemployed loser who lives in his mom's basement, passively taking the world in instead of taking a stand on something.

    19. Re:I hate to start a licensing flamewar... by be-fan · · Score: 1

      My friend doesn't waste time and energy investigating people who steal his money. Instead, he just earns more money
      >>>>>>>>>>
      Where does he live? Specific street address please. Maybe some landmarks nearby, you know, so I can find it. Thanks...

      --
      A deep unwavering belief is a sure sign you're missing something...
    20. Re:I hate to start a licensing flamewar... by meme_police · · Score: 1

      Oh please, the momentum behind Linux has hardly anything to do with whether it is licensed under the GPL or not. It has everything to do with receiving favorable press at the right time in it's development.

      --

      The meme police, They live inside of my head

    21. Re:I hate to start a licensing flamewar... by meme_police · · Score: 1
      Hmmm, are you being sarcastic? Money and principles are diametrically opposite so your analogy is quite poor.

      I take it all coders who publish under the GPL only code because they know that no one will profit off of their work?

      And I agree that GPL licensors should pursue their rights, in a court of law if need be.

      --

      The meme police, They live inside of my head

    22. Re:I hate to start a licensing flamewar... by Fwonkas · · Score: 1
      To stretch a historical point, the BSD license is somewhat like Gandhi's passive resistance and refusal to fight, a strategy that eventually overturned the aggressor (ie Britain) more effectively than fighting ever could have done.

      Definitely a stretch. What does BSD passively resist (besides accusations of being dead for 10 years)? Gandhi had a problem with Britain, and basically protested in a peaceful manner. How is BSD doing anything like this at all? Maybe if Gandhi said, "Hey, who am I to tell the gov't what to do?" then you'd have a point. Seems more like Gandhi was saying that people have basic rights to certain things that ought not be violated, even by big, evil greedy governments. Hmmm. I'm gonna resist the temptation of making a historical stretch as well.

      --
      COMPUTER! Whatever happened to Blueberry Muffin?
    23. Re:I hate to start a licensing flamewar... by snak0rific · · Score: 1

      just fyi, apache is released under the apache license :-) http://httpd.apache.org/docs/LICENSE
      whether or not it's bsd-like is stupid, it's either bsd licensed or it isn't and... it isn't.

      --
      -- "Put on your big girl panties and lift!"
    24. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      "The very nature of the BSD license is that if you issue your code under it, you more or less grant anyone else the right to do whatever the hell they want with it (as long as they keep your name on it). "

      Exactlly.
      That is why Bill Gates loves it so much.
      BSD is like a girl that is easy.
      Way too easy.

    25. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      I suppose having no ideology counts as "ideologically different". The Free Software camp has a purpose that will improve our tool-making species. The Open Source camp is just kinda ... there.

    26. Re:I hate to start a licensing flamewar... by DoctorFrog · · Score: 1
      Hmmm, are you being sarcastic? Money and principles are diametrically opposite so your analogy is quite poor.

      Since when are money and principles opposite? They aren't even mutually exclusive, an entity can have both or neither. They're completely orthogonal concepts.

      That said, it is the principle which is important in this case, money being only tangentially relevant (i.e. Castle is selling the code, but it's the distribution itself and not its motivation which is important).

    27. Re:I hate to start a licensing flamewar... by Anonymous Coward · · Score: 0

      You only lose trademarks by not enforcing them. At worst, if you knew of infringement and said nothing you might be deemed to have granted an implicit license, but they still have to stop as soon as you tell them to.

    28. Re:I hate to start a licensing flamewar... by k12linux · · Score: 1
      You only lose trademarks by not enforcing them.

      True, however, you fail to set any sort of legal precedent. If it can be shown that you knew about the violations it may be harder to win that specific case and therefore harder to set a precedent.

      IANAL, however, I do know that precedent is powerful in legal cases - at least in the US.

  25. This is unacceptable by Anonymous Coward · · Score: 0, Troll

    This would be like going after people who steal copyrighted material, like movies or songs. Oh yeah. What is the difference again?

    I guess the only rules/laws worth protecting are the ones you agree with. This is typical free software propoganda.

    1. Re:This is unacceptable by sisukapalli1 · · Score: 1

      I am replying to a flamebait, but...

      "Stealing" copyrighted materials is not the
      issue.... Stealing GPL'ed stuff AND selling it AND NOT allowing free redistribution is...

      S

    2. Re:This is unacceptable by Anonymous Coward · · Score: 0

      So...

      Why is an article about stealing one part of "Your Rights Online" and the offenders should not be punished, but in this case it is?

      Stealing is stealing I thought. I guess it's that commie depends on who you are stealing from bit.

    3. Re:This is unacceptable by deanj · · Score: 1
      I have no sympathy for this argument.

      You can't stand on the principle that some licensing restrictions on things that people want is ok to steal, but the stuff with other licensing restrictions isn't ok to steal.

      Either give it all away for free, or stand by all the licenses, whether you like them or not. You can't have it both ways and stand on any moral high-ground when you don't agree with something that happens like this.

      Like I said in a previous post. I hope this company goes down for it. It's just plain wrong.

    4. Re:This is unacceptable by jedidiah · · Score: 1

      The SELLING part.

      Prior to just a scant few years ago, this distinction existed in the law as well and no amount of non-commercial piracy was considered criminal.

      If you would like to whine about copyright philosphies being inconsistent, you should first start with copyright law itself rather than individuals.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:This is unacceptable by Anonymous Coward · · Score: 0

      And just a few scant years ago, women could not vote, and you could own slaves.

      Laws change. Deal with it.

    6. Re:This is unacceptable by La+Temperanza · · Score: 1

      The principle we cheerfully rip off music on is that of "fair use". We believe that we should have the right to back up and recover from others music that we paid for, and do so. We believe we have the right to listen to music to see if it's worth the purchase price, and do so. However, we don't believe Castle has the right to violate reasonable restrictions on linking and source release placed by the GPL on their use of Linux source code. For a counter-example, let's say that the head of the ARM Linux project (who I'm sure would never actually do such a thing) notices Castle is using the source code in fully GPL-compliant ways in their commercial RISC OS distribution. He promptly flies into a rage and demands royalties for the use of his GPLed code. Castle refuses, and a big stink is created in which most reasonable Slashdotters ought to be on the corporation's side for once.

      --

      --
      est modus in rebus
    7. Re:This is unacceptable by Anonymous Coward · · Score: 0

      So what...

      a few years ago....women could not vote and you could own slaves.

      Laws change....deal with it

    8. Re:This is unacceptable by Anonymous Coward · · Score: 0

      Seeing as how this thread is being censored....

      I will repeat....according to the law you used to be able to own slaves and women could not vote.

      Laws change....deal with it

  26. Typo - FSF, not GNU by wass · · Score: 2, Informative

    See subject.
    Tis the folks at FSF that challenge GPL violations. Of course not folks at GNU, since GNU ain't no place or organization.

    --

    make world, not war

  27. How sad it sullies the Acorn name by DrSkwid · · Score: 4, Interesting

    Acorn Computers is the daddy of all UK computing. While the rest of the geeky kids were using Ti's the UK kids were hacking away on BBC Micros.

    I still have mine here.

    The ARM processor is one of the best CPUs in existence.

    how ironic that on on this page :
    http://www.castle.uk.co/castle/rpcalt.htm

    the fish in the picture is clearly too big for the inadequate bowl.

    They might find that their GPL rip-off is equally dead in the water.

    It's a sad day all round. Time to flush them down the toilet.

    whoring :

    if anyone lives nearby maybe they could pop in on Monday and get the sourcecode

    Castle Technology Ltd
    Ore Trading Estate
    Woodbridge Road
    Framlingham
    Suffolk
    IP13 9LL UK

    Sales Telephone Line: 01728 723 200
    Lines Open: Monday-Friday 9:00-5:00

    Sales Fax Line: 01728 727 427
    Lines Open: 24hrs every day

    Support Line: 01728 727 424
    Lines Open: Monday-Friday 9:00-12:00

    Email: sales@castle.uk.co

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:How sad it sullies the Acorn name by Anonymous Coward · · Score: 1

      > Acorn Computers is the daddy of all UK computing.

      I think that you do a disservice to all the UK universities and companies that established a compurter industry in the 35 years prior to Acorn even existing.
      While the Acorn BBC was a very good machine (I have some), its success was assured by the connection to the Computer Program. When it entered the UK market, or even when its predecessor the Atom did, there were already several UK micros being produced. Science of Cambridge Mk XIV, ZX-80, Rair.

    2. Re:How sad it sullies the Acorn name by sailesh · · Score: 2, Interesting

      Acorn Computers is the daddy of all UK computing. While the rest of the geeky kids were using Ti's the UK kids were hacking away on BBC Micros.

      I still have mine here.


      Hey it's not just UK kids ! In the mid-late 80s the Indian govt. distributed a bunch of BBC Micros to a set of federal govt.schools. I understand it was actually funded by the UK govt, although I'm not sure.

      I was in junior high and we had these two computers (in their own air conditioned room :-) but no books on how to use them and nobody who knew anything. All we had was the source code to about 10 basic programs .. a couple of them games.

      Talk about using the source .. I still remember the epiphany I felt when understanding what a procedure does !

      Ah, those were the days.

    3. Re:How sad it sullies the Acorn name by ShadowDrake · · Score: 1

      Based on the British TV we get here, a letter to them must have the right tone. Does this sound about right?

      Dear Sirs:

      While I live several thousand kilometres out of the market you're targeting, I always found your operating system fascinating based on third-hand accounts and freely-available workalikes. At times, I had even considered purchasing one of your machines via mail-order.

      However, unfortunately, I am a GNU/Linux user FIRST, and a potential customer of yours SECOND. Your clumsy attempts to violate the GNU General Public Licence have been just the kick in the face I needed to make my purchase decision. See the pretty green American money I'm holding up? It's going for an Athlon.

      In conclusion, get stuffed.

      Thank you.

      The sad thing is that I had really heard nice things about RISCOS... if it were possible to get an old machine inexpensively in the US, I would have tried it.

      --
      It's just like a fascist dictatorship, without the punctual rail service!
    4. Re:How sad it sullies the Acorn name by toasta · · Score: 1

      if anyone lives nearby maybe they could pop in on Monday and get the sourcecode

      I might just do that! (I live in Framlingham, about 250 meters from Castle Tech).

    5. Re:How sad it sullies the Acorn name by Anonymous Coward · · Score: 0
      Acorn Computers is the daddy of all UK computing

      Yeah, Babbage and Turing were both irrelevant nobodies compared to the creators of !Paint.

    6. Re:How sad it sullies the Acorn name by iainf · · Score: 1

      Acorn Computers is the daddy of all UK computing. While the rest of the geeky kids were using Ti's the UK kids were hacking away on BBC Micros.

      I still have mine here.

      The ARM processor is one of the best CPUs in existence.


      Of course, the Beeb didn't actually use the ARM processor, which came much later. The Acorn Atom, Electron, BBC A and B, and the later Masters, were all 6502-based systems. There were NS32032, MC68000, and later, ARM co-pros available, conencted to the main machine via The Tube bus.

    7. Re:How sad it sullies the Acorn name by Anonymous Coward · · Score: 0

      Ahem, its not proven that code was taken from GNU Linux.

      And if it was it was a minor part (in terms of size). The bulk of the RISC OS kernel dates back to 1988 (well before Linux).

      You can still try RISC OS inexpensively (without using RO4.XX (which DEFINATELY DOES NOT INCLUDE GPL CODE) by opting for the RISC PC. The only RISC OS machine about which there is ANY doubt is the Iyonix using RISC OS 5.0X

      If you want to have a look at an interface like (but somewhat inferior to) RISC OS there is a blatant illegal RIP OFF of it called ROX. Not that its makers of Linux distros distributing it were ever sued by Castle/RISC OS Ltd., or Pace that is ;)

    8. Re:How sad it sullies the Acorn name by Anonymous Coward · · Score: 0

      > There were NS32032, MC68000, and later, ARM co-pros available,

      Not to mention 6502 2nd processor, Z80 (CP/M) and 80186 (DRI DOS Plus and GEM).

  28. Getting some backing. by mestoph · · Score: 2, Interesting

    Should anything actually happen. Which I whole-heartily agree that something should happen. Maybe even the bigger distributions and users could actually back up Linus and other writers (i.e. redhat, mandrake, debian, IBM, sgi etc). After all they have a vested interest in the continuing development of code to support marketed products, which can only decline if people feel ripped off and there enthusiasm declines. And then such companies i) have loss of profits, ii) have to put money back into the funding they have tryed to save on by using linux. The main reasoning here, is without decent backing you lose, just because you can't fund any action.

    --
    --+> Life, is there any?
    1. Re:Getting some backing. by Anonymous Coward · · Score: 0

      I don't think I've seen so many sentence fragments and runons outside of advertising copy in a long time.

  29. The Risc OS / hardware by hrieke · · Score: 1

    platform reminds me of the LART project. Anyone else more knowledgable about this care to comment?

    --
    III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    1. Re:The Risc OS / hardware by La+Temperanza · · Score: 1

      The OS, maybe, but I'd suggest you devote your hardware attentions to Intel's desktop strategum. (Although they own a controlling interest in ARM now...)

      --

      --
      est modus in rebus
    2. Re:The Risc OS / hardware by vyzar · · Score: 1
      ... but I'd suggest you devote your hardware attentions to Intel's desktop strategum. (Although they own a controlling interest in ARM now...)

      I think you may be confusing Intel's interests in the StrongARM and XScale processor ranges with a controlling interest in ARM itself.

      Intel acquired the StongARM interests after it bought out Digital's processor business. StrongARM was a joint development by ARM and Digital. XScale is just the next generation of StrongARM architecture.

      But StongARM is in itself just a licensee of technology from ARM. ARM define the processor platform (instruction set and other associated IP), then license it to semiconductor partners (there are many) who implement that technology and IP into silicon products.

      Intel may have a shareholding in ARM, but I'm pretty certain it is in no way a controlling stake. Intel DO however control the StrongARM and XScale architectures (within the bounds of their license from ARM).
  30. so which is worse by digitalsushi · · Score: 1, Offtopic

    which is worse... stealing non-free code, or selling free code?

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:so which is worse by 91degrees · · Score: 1

      Nitpick:

      Selling free code - as in free software - is highly encouraged by the Free Software Foundation. The GPL gives me permission to sell you a copy of the application for any price I like. I could sell you the Linux Kernel for $1000 if you were willing to pay for it. I just can't stop you from making copies and selling them.

    2. Re:so which is worse by Anonymous Coward · · Score: 0

      Both are "bad." It's like asking which is worse, stealing from the rich or stealing from the poor?

  31. Some may argue... by bill_mcgonigle · · Score: 5, Insightful

    ...that Linux is somewhat unique here. If I steal your copyrighted book and sell it, I'm taking revenue from your potential customers. You lose money and customers.

    If I steal Linux, I sell it and make money. But "Linux" doesn't lose any money (I'm personifying Linux here, bear with me) because Linux is free.

    However, Linux does suffer damages. The thing of value to Linux is its user base. The only reason somebody improves Linux is because he's a user. If I take away a potential user by offering the same feature by stealing Linux, I'm eroding its user base, future development potential, and therefore value.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:Some may argue... by Anonymous Coward · · Score: 0

      > ...that Linux is somewhat unique here

      Some may argue this, but not a competent copyright lawyer.

    2. Re:Some may argue... by MrEd · · Score: 4, Interesting
      The only reason somebody improves Linux is because he's a user.


      I would add that another reason for many developers is the knowledge that the code they contribute will remain covered under the GPL and not go towards lining the pockets of a closed-source company. Otherwise they'd use the BSD license, right?


      So a GPL copyright violation also robs Linux of a portion of its' users goodwill to develop. Wonder if that would persuade in court...

      --

      Wah!

    3. Re:Some may argue... by (void*) · · Score: 3, Informative

      The problem with that argument is that it betrays a lack of understanding of the rewards of free-software. When people share software, they expect IMPROVEMENTS. The software is GIVEN AWAY, so that improvements, in the form of making the code more efficient, more portable, more usable, are all the "payment-in-kind" for software. What is damaged is not that there's erosion of the user base (there is) but it is also that one can have any expectations. That someone can use something to imporve himself alone, and forget about the rest of the world.

    4. Re:Some may argue... by NineNine · · Score: 1

      That's very true. If there's no consideration (ie: payment in some form), then very likely, it'll be completely unenforceable, since I don't think that you can have a contract without consideration. That's just what little I know about contracts from Buisness Law 101, and a Real Estate Broker certification. If I agree to give you a candy bar, but want nothing for it, and then decide not to give you that candy bar, I can't be sued since the other party was not offering anything in return.

      And of course if this is proved, then pretty much everyone who wants to will start bundling various OSS technologies and selling 'em in their own proprietary products. Ouch.

    5. Re:Some may argue... by Anonymous Coward · · Score: 0

      No harm, no foul.

      Nobody loses money over this. Therefore it is perfectly reasonable, from the point of view of the court, that nobody is hurt.

      On the other hand, punitive damages against the corp /could/ cause immediate (monetary) harm.

      And thus the GPL could *lose* its first acid test -- the court case could just as easily result in the GPL being equivalent to putting code in the public domain.

      Wouldn't *that* be an interesting outcome?

    6. Re:Some may argue... by jedidiah · · Score: 2, Informative

      Then this falls back onto straight copyright, in which case this company needs permission from EVERYONE that ever contributed to that part of the kernel. The work in question is not Public Domain. It is still copyrighted. That by itself carries restrictions that make corps like this liable for damages.

      This is something that could also concievably involve criminal charges.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Some may argue... by Anonymous Coward · · Score: 0

      If i understand you right it would mean translated:

      Linux 'gives' Castle the sourcecode, and wants nothing for it. Then, out of the void, Linux wants the source back, but Castle doesn't need to give it back since Linux didn't want anything for it in the firstplace.

      But that's BS. Linux wants the sourcecode to be given back out, which nullifies your statement completely.

    8. Re:Some may argue... by MaximusPrime · · Score: 0


      If there's no consideration (ie: payment in some form), then very likely, it'll be completely unenforceable

      What about the part where you're suppossed to provide the source code for your product, isn't that a condition of the GPL and thus qualifies as a consideration ?

      They're not just saying here's the code for free, they're offering you the code with the condition that if you modify it or incorporate it into your product you also have to offer/provide/produce the source code.

      Somethign along the lines of 'free as in speech, not as in beer'

    9. Re:Some may argue... by austus · · Score: 1

      'If I steal Linux, I sell it and make money. But "Linux" doesn't lose any money (I'm personifying Linux here, bear with me) because Linux is free.'

      If you steal GPL code, you implicitly license your software as GPL. Try to sue someone when they "steal" your software. Good luck BUWAHAHAHAHA!

    10. Re:Some may argue... by Natalie's+Hot+Grits · · Score: 0, Troll

      You are missing the point of copyright law.

      Copyright law covers COPYING and DISTRIBUTING works. It is not part of contract law, and even if it did, the GNU GPL is NOT a contract. Therefore, it does not fall under contract law. The GNU GPL is a LICENSE.

      Under US copyright laws, you are not allowed to copy any covered work (except for fair use) without the copyright owner's permission. This permission could come in the form of a license, or a contract. The GNU GPL is the license that gives permission to any licenseholder to copy and redistribute the program if certain constraints are met. This document is the "permission" that is required by copyright law. It doesn't need to be tested to be enforceable. And it doesn't have to be a contract. It isn't a contract, and thus doesnt fall under your hypothetical case's circumstances.

      As is noted a hunderd thousand times on slashdot every year, you don't have to agree to the GNU GPL just because you use the program. You only have to follow the GPL when you make copies not covered under fair use.

      --
      Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
    11. Re:Some may argue... by jaseuk · · Score: 1

      Thats complete nonsense. Its perfectly legitimate to make improvements and not pass them back. If its only you as the user and developer making improvements then you don't have to give the source to anyone but yourself.

      Jason

    12. Re:Some may argue... by Gadzinka · · Score: 1

      So a GPL copyright violation also robs Linux of a portion of its' users goodwill to develop.

      Actually it is not a good will that someone gets robbed of.

      Contributions to GPL code are donations and as every donation they have some monetary value (although difficult to evaluate). Thing is that if someone other than intended recipient uses this donation, he receives those equivalent benefits w/o agreement of the donor.

      Robert

      --
      Bastard Operator From 193.219.28.162
    13. Re:Some may argue... by Sunnan · · Score: 1

      Linux people might stand to lose from competition from these leeches that refuse to share their code.

    14. Re:Some may argue... by (void*) · · Score: 1

      Yes you can choose to be selfish. But in that case, only you can use your own code. That's exactly what the GNU GPL dictates. If one wants to be unaccountable by distributing binaries but not source, then one cannot do this with the GNU GPLed sources. The GNU GPL is a license for transparancy. And transparency leads to freedom.

    15. Re:Some may argue... by Darren+Winsper · · Score: 1

      OK, then the code falls back to copyright law. What happens? Oops, the person who just invalidated the GPL has no right to distribute the code at all.

      If the GPL were made invalid, then Castle couldn't distribute RISC OS anyway.

    16. Re:Some may argue... by mykdavies · · Score: 1

      > ...that Linux is somewhat unique here. If I steal your copyrighted book and sell it, I'm taking revenue from your potential customers. You lose money and customers.

      >If I steal Linux, I sell it and make money. But "Linux" doesn't lose any money (I'm personifying Linux here, bear with me) because Linux is free.

      My understanding is that the GPL is just a licence to use the copyrighted code. The copyright holder is free to issue other licences to use the same code. In other words, if a company approached the copyright holder of some original GPLed software, they could negotiate a licence to use the code on a closed basis.

      This means that Linus/FSF/whoever could claim the direct loss of such licencing revenue from Castle.

      --
      The world has changed and we all have become metal men.
    17. Re:Some may argue... by Anonymous Coward · · Score: 0

      Yea but if the company had to actually follow the GPL, they wouldn't ever have used the code to begin with! You're just like the RIAA talking about 'hypothetical losses'. bah.

    18. Re:Some may argue... by MrEd · · Score: 1
      You're right, the copyright violation of any code equates to a theft of value, monetary or otherwise.


      I don't think that contradicts my point, that another aspect of a theft of GPLed code is the discouragement of other potential developers from contributing. You misunderstand me - it's not a person that gets robbed of good will, it's the Linux project. People contribute (partially) because they have a reasonable expectation that their work will remain 'libre'. Remove that expectation by allowing unpunished GPL violations and the motivation to stay up late nights trying to optimize and perfect your code would die.

      Why bother making it the best if someone else is just going to get rich off it? Any BSDer got an answer?

      --

      Wah!

    19. Re:Some may argue... by Anonymous Coward · · Score: 0

      Actually, since the company has already used/modified the code, "Linux" is losing the modifications. The fact that if they didn't want to follow the rules, doesn't mean that they don't have to pay the consequences of having done something...

      Sentence structure bit muddled (brain elsewhere) but I think that the point is there...

  32. GPL Question by Anonymous Coward · · Score: 0

    I don't get it, someone enlighten me: Any program that uses the GPL'd code HAS to be available for free in both binary and source form? What about Lindows? You can get their source for free but you can't download the OS (binaries) for free. Are they disregarding the GPL too?

    1. Re:GPL Question by Corydon76 · · Score: 2, Informative
      Any program that uses the GPL'd code HAS to be available for free in both binary and source form?

      No, if the binary is distributed for a fee, then the source must be available, even if it's for a nominal fee. Charging you for the media and shipping is perfectly acceptable. However, charging you $40 for the binaries and $200 for the source is NOT acceptable, as the source fee is clearly not reasonable, compared to the charge for the binaries.

      Charging for GPL code is not forbidden. You only need to provide the source.

    2. Re:GPL Question by Mr+Z · · Score: 1

      GPL says that any redistribution of a GPL'd work or derivative must include an offer of source. It doesn't say you need to make binaries available or installable ISOs available.

      --Joe
    3. Re:GPL Question by Anonymous Coward · · Score: 0



      In some other thread, someone talked of the TiVo being based on Linux. That would be the same kind of problem, wouldn't it?

    4. Re:GPL Question by Anonymous Coward · · Score: 0

      http://www.tivo.com/linux/index.html

      hope this helps, you stupid shite.

    5. Re:GPL Question by Minna+Kirai · · Score: 1

      charging you $40 for the binaries and $200 for the source is NOT acceptable, as the source fee is clearly not reasonable

      What's reasonable is charging as much for the source as it costs for shipping and handling. If for some reason a company has been selling copies of the same binary CDs for 2 years, but has committed the source to an unlabelled DLT tape in distant offsite storage, then they are quite justifying in asking for enough to cover their retrieval costs.

      There's many practical and public-relations reasons that a company won't want to behave this way, but comparing dollar signs on source vs binaries isn't valid. (A source-code price of greater than $30 is a strong sign they may be padding the expense, but consideration must be made only on the difficulty of delivering code, not the nominal product price)

    6. Re:GPL Question by Anonymous Coward · · Score: 0

      Binaries don't have to be free, though you could download binaries if I published them--and the Lindows guys wouldn't have the right to stop either of us.

  33. No, it's like putting. . . by kfg · · Score: 2, Funny

    VC on your front porch, all radioactively tagged, with a sign that says,"Please help yourself to some capital, but if you make any money put something back in."

    Oh, and this is magical VC, so as soon as you take something out it's still got the same amount in the box. Nifty, huh?

    So, there's no real harm in taking out. No one "loses" anything. But if you take out, make money, and don't put back in you become what is technically known as a "shit head."

    And even the law has been known to formally uphold what it is generally refered to as the "social contract."

    Now the only question is what are armed South Vietnamese dissidents are doing on the front porch in the first place.

    KFG

  34. What's really stupid... by Wntrmute · · Score: 3, Funny

    ...Is that they could have borrowed code from a BSD instead, and no one would care, as the license specifically permits it.

    If these allegations are true, not only are they violating the GPL, they're morons to boot. :-)

    1. Re:What's really stupid... by Anonymous Coward · · Score: 0

      I believe a copyright statement would have to be retained but otherwise BSD code can be easily redistributed under another license.

      Moronic to go taking GPL code when BSD code easily allow it.

    2. Re:What's really stupid... by eht · · Score: 1

      the copyright statement only has to be retained if they redistributed their code, with the new bsd license i can take pretty much the whole freebsd project, copile everything, and make no mention at all that there ever was a freebsd

      what i dont understand is how this guy can complain in the first place, you can only required to give people code to gpl projects if *you* gave them binaries, of course then you could redistribute it to your hearts content, but the peopel you give it to still can't request code from me, only you as you became their distributor

    3. Re:What's really stupid... by Anonymous Coward · · Score: 0

      You can't be selling the GPLed project because that would be distribution. Sure, you can take a GPLed program modify it and keep it for yourself, but when you start distributing it the rules change. You MUST distribute the source and keep the license under GPL.

    4. Re:What's really stupid... by lertl · · Score: 1

      This is why I like the BSD license - it doesn't give reason for a shit load of /. comments.

  35. They Claim The Copyright Is Theirs... by Anonymous Coward · · Score: 0

    If you look at their conditions of trading, condition 17 seems to lay claim to the copyright of the product (admittedly this does not explicitly mention the software, though it is arguably implicit). It appears they have not only used the code, they are claiming it is their own.

    This needs to be defended very quickly otherwise they could turn the tables and actually sue any Linux distributors for copyright violation by claiming the Linux kernel has copied their copyrighted code.

    1. Re:They Claim The Copyright Is Theirs... by gomoX · · Score: 1

      how would the kernel devs steal code from a closed source app?

      --
      My english is sow-sow. Sowhat?
    2. Re:They Claim The Copyright Is Theirs... by crok · · Score: 1

      And if you look at the bottom of the page, it quite clearly states that RISC OS is copyright Pace Micro Technology plc. They are not even claiming that RISC OS is their own. Besides, the code in question is only a small part of the OS.

      Why on earth would they want to sue Linux developers, anyway?

  36. Re:In other news ... by Anonymous Coward · · Score: 0

    perhaps you are thinking of the Chevy Vega?

  37. Stallman a GNU/lawyer by dmanny · · Score: 1

    Would he insist on calling it a GUN/Linux kernel?

    --
    All my previous sigs now look like this one, I wish they were permanetly recorded when used. :-(
  38. Re:Well, what did Linux expect? by Anonymous Coward · · Score: 0

    You don't know what your talking about. Microsoft isnt winning. In 10 years linux will have all the servers and will be half the desktops. Linux will win because it is free. Its wrong to steal from free software, so people will boycott this company and they will go out of business. Stupid Asshole.

  39. Re:sdfsdf by Anonymous Coward · · Score: 0

    on second thoughts, i didn't laugh on this one. But that first thought made me laugh. I dig laughing, so I guess I'm ok.

  40. Re:New Joke by Anonymous Coward · · Score: 0

    Why cant the yanks get on with the arab world?

    Because they can't get used to their back passages being lubed up with oil!

  41. Information wants to be free by Kiwi · · Score: 3, Insightful
    Information wants to be free! Let Castle Technology do what they want to with the kernel code. The GPL, after all, is juat another form of copyright. Copyrights only exist to create artifical monopolys that do not exist!

    Obviously, the above argument is absurd, but points out that Slashdot has a double standard. On one hand, it is ok when a 14-year-old violates the copyright of a RIAA or MPAA-owned company. On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.

    So, what is it going to be? Do we respect both the RIAA's copyright and the copyright which GPL programs have, or do we respect neither?

    If you want the GPL to be respected, respect other people's copyrights.

    - Sam

    --

    The secret to enjoying Slashdot is to realize that it should not be taken too seriously.

    1. Re:Information wants to be free by Anonymous Coward · · Score: 0

      The difference is that these people are profiting off of Linux without respecting the copyright. It would be a completely different story if people were downloading MP3's and then turning around and selling them for profit.

      Most people wind up buying the albums they like anyway, even if they have the whole thing as a copy from a friend on cd or downloaded in MP3 format.

      These situations really aren't comparable to one another.

    2. Re:Information wants to be free by RoyBoy · · Score: 5, Insightful

      Ok, to begin with you've managed somehow to completely misunderstand that the spirit of the GPL is to produce a COPYLEFT - in other words, it exists as a product of ridiculous copyright laws in a attempt to circumvent them through their own application (that's why MS likes to call it viral).

      In any event, the comparison is obviously flawed because in the case of GPL code theft, you're talking about someone knowingly violating the license under which they acquired a product in order to PROFIT from a derivative product.

      Most 14-year olds who pirate MP3s and DVDs are interested in FAIR USE of the products in question, or at worse in depriving the copyright owners of proceeds that they could have directly collected. I have not hear of any real cases where gangs of 14-years old pirates have set-up conterfeit CD and DVD rings to sell the products on FOR PROFIT. If you really doubt this, just ask the P2P companies when their huge profits fro residuals are gonna start rolling in.

      Amazing how hard it is to see right from left, huh?

      --
      -- People who think they know it all, really annoy those of us who do!
    3. Re:Information wants to be free by bwt · · Score: 1


      The difference is that the MPAA and RIAA have exercised undue influence to subvert copyright law itself. They have participated in the corruption of the American democratic process and they deserve to be destroyed by the very public whose governement they have corrupted.

      I do respect other people's copyrights, except for the MPAA and RIAA. For them I have contempt. They deserve what they get. The law itself is illegal and they made it so.

    4. Re:Information wants to be free by oasisbob · · Score: 4, Insightful
      The secret to enjoying Slashdot is to realize that it should not be taken too seriously.

      No, the secret to enjoying Slashdot is to realize that it isn't a single consciousness with only one viewpoint. It has 450,000+ users, many of whom think differently than one another. If you get caught up in believing that everyone here thinks the same thoughts and believes the same things, you're missing the point.

      Sure, there are tons of copycat thinkers here; however, even they are feeding from different schools of thought.

      For example: I have no problem with the concept of copyright. It has a valid purpose. I have problems with infinite congressional extensions of copyright: they destroy this purpose. I have problems with technology being used in combination with law to restrict my rights on my own hardware to inforce copyright and restrict fair use.

      The GPL gives *more* rights than you would normally have as far as software goes. I'm not an expert on the GPL, you won't see me arguing the finer points of OS licenses, however I do understand the basics and have come to my own opinion based on my understanding.

      When you actually look at one person's beliefs, it's quite easy to see how someone can believe that abusing the GPL license like Castle has done is naughty, and at the same time believe that the RIAA, MPAA, and CSS are evil also.

    5. Re:Information wants to be free by Anonymous Coward · · Score: 0

      No it's not a double standard. The GPL is about granting rights to people they wouldn't normally have, in exchange for the right to use and distribute somebody elses's code, you must also let other's do the same. The RIAA and MPAA is about restricting people right to use DVDs and CD they have purchase.

    6. Re:Information wants to be free by Anonymous Coward · · Score: 0

      Well, that's a simplistic argument isn't it. I think that might even be a type of fallacy, to equate two different ideas (GPL, RIAA) because they are both related to the same idea (copyright law).

      I have no problem with folks criticizing the RIAA licenses and the praising the GPL.

      Why? Because they ARE DIFFERENT. The GPL is more closely aligned with society's wishes. Or at least, MY wishes. So obviously I support the GPL (and other free software licenses like BSD), and I DON'T support other licensing schemes.

      Pretty simple. Besides, if there was no copyright law, the GPL wouldn't be quite as necessary.

    7. Re:Information wants to be free by be-fan · · Score: 1

      On one hand, it is ok when a 14-year-old violates the copyright of a RIAA or MPAA-owned company. On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.
      >>>>>
      First of all, there is the total inequity between the actions of a 14-year old boy, and the actions of a corporation. Besides that, there is a very fine line here. A lot of what the media companies are trying to prevent are limitations of fair use. I'm about to get an iPod. I have a whole bunch of CDs. Once they've sold me the CD, they can go fuck off. That music is getting on my iPod, whether or not I have to DL MP3s of the Internet because of copyprotected CDs. In fact, that music is also going on my brother's computer, because it's within my fair use rights to give him a copy. If I want to watch some media that's got region lockouts or some CSS shit in Linux, I don't care if I have to hack it to do so. Slashdotters (the majority of them) are complaining about egregious violations of the social contract, not trying to justify actual stealing. If Linus was implementing draconion policies about the distribution of the kernel, or was proposing that he should have the right to inspect every companies source code for GPL violations, or started doing electronic attacks against 'suspected' GPL violaters, or tried to get Congress to implement favorable laws for GPL-based business models, then I'm sure the backlash on /. would be extreme.

      --
      A deep unwavering belief is a sure sign you're missing something...
    8. Re:Information wants to be free by infolib · · Score: 1

      Slashdot has a double standard.

      You're way off. Slashdot has several thousand standards. This is not a fascist dictatorship, it's a discussion site, so please stop assuming everyone thinks the same way. Please.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    9. Re:Information wants to be free by acidboy · · Score: 1

      Information wants to be free!

      Slashdot has a double standard. On one hand, it is ok when a 14-year-old violates the copyright of a RIAA or MPAA-owned company. On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.


      Yes, exactly, information wants to be free! That is the definition of the GPL. Man you're dumb.

    10. Re:Information wants to be free by Anonymous Coward · · Score: 0

      If "Information wants to be free" then violating RI/MPAA's "normal" copyright is "towards freedom", but violating the "reverse" copyright of the GPL is "against freedom".

    11. Re:Information wants to be free by bm_luethke · · Score: 1

      Information wants to be free!

      may I then please have you checking/ routing number and your social security number? It really wants to be posted to slashdot and set free.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    12. Re:Information wants to be free by Anonymous Coward · · Score: 0

      I would disagree that most /.ers don't mind people pirating movies or music. I certainly don't. However that doesn't mean we agree with the principles and actions that the RIAA and MPAA take to enforce their copyrights. I would bet that most /.ers, with the exception of the trolls, don't mind copyright, but they don't accept the vision of copyright as envisioned by the RIAA and the MPAA.

      Let me put it this way, most /.er's want to be able to back up and play their music and movies anywhere they wish, but without the hassle of watermarked media, however, they frown upon people who do pirate. If /.ers didn't care so much about the latter, I would be there would be a lot less criticism of RMS.

    13. Re:Information wants to be free by Elwood+P+Dowd · · Score: 1
      Information wants to be free! Let Castle Technology do what they want to with the kernel code. The GPL, after all, is juat another form of copyright. Copyrights only exist to create artifical monopolys that do not exist!

      Obviously, the above argument is absurd, but points out that Slashdot has a double standard.


      Well, it definitely points out that Slashdot has at least (at least!) two different posters.

      Ignoring that possibility, consider a popular position:

      Dispersal of valuable information is Good.

      Being Pro-GPL, while simultaneously attempting to destroy the copyright system, would be a completely pragmatic method of increasing the dispersal of valuable information. By the time copyright is destroyed, we won't need a damn GPL, because if *everything* is in the public domain, then there's no difference between open and closed source.

      My position (as if anyone is interested) is that a 14 year copyright would result in a superior ROI for American society on intellectual property. Until more reasonable copyright legislation is in place, I support civil disobedience that harms people whom abuse copyright. Yes, it would be totally within my moral standards for RISCos to use code that Linus wrote prior to Feb. 7, 1989. Have at, RISCos.

      The main point, though, is that if copyright did not exist, the GPL would not be necessary at all. Things would either be trade secrets, trademarked, or free. I'm sure that would be fine with RMS, let alone "Slashdot". Since this has been pointed out enough times in the past, right here... I guess IHBT. IHL. IWHAND.

      --

      There are no trails. There are no trees out here.
    14. Re:Information wants to be free by naasking · · Score: 1

      The main difference is that the RIAA and MPAA exploit copyright and erode the public domain in an attempt to horde their assets. Instead, the Linux source is openly shared in the interests of co-operation and growth and this company is trying to exploit this openness by stealing code without giving back. In both cases, the "information is free" attitude supports openness and sharing of information, not closing and hording the information (as the RIAA and this company). The attitude is not as contradictory as you make it seem.

    15. Re:Information wants to be free by Fwonkas · · Score: 1
      The difference is that these people are profiting off of Linux without respecting the copyright.

      No, people get mad even if someone violates the GPL without seeking profit. I remember such an issue with Gentoo Linux (someone correct me if I'm wrong). I want to say I read about that on lkml a while back.

      --
      COMPUTER! Whatever happened to Blueberry Muffin?
    16. Re:Information wants to be free by lux55 · · Score: 1

      Copyrights only exist to create artifical monopolys that do not exist!

      No, licenses exist to protect the copyrights of the creator. Laws also exists to protect the fair use rights of the licensee. The fact of the matter is that the creator has the right to decide what he wants you to be allowed to do with his work. That is not a "monopoly" on his work, it's called ownership. But the law also says that certain rights must be granted to the licensee, such as the right to make personal copies (ie. for backup or use on another device of their own).

      As to your other points: No it is NOT okay for a 14-year-old to violate copyright agreements with the RIAA/MPAA, just as it is not okay for Castle Tech. to do the same with the Linux Kernel. However, with "laws" like the DMCA which fly in the face of the American constitution, we take just issue. So your statement could be reversed to say that if the RIAA wants their licenses to be respected, they should respect our fair use rights as well.

    17. Re:Information wants to be free by Anonymous Coward · · Score: 0

      That's not at all absurd. Perhaps you have been persuaded by the mindless 'intellectual property' movement. Consider the issue of an author's right to monopoly on distribution of their work. Now consider software patents. Hmm . . .

    18. Re:Information wants to be free by bruthasj · · Score: 1

      So, what is it going to be? Do we respect both the RIAA's copyright and the copyright which GPL programs have, or do we respect neither?

      We respect both copyrights, of course. However, history has shown the two different approaches between an RIAA violation and a GPL violation. Notice how the response from Linus was quite different than anything coming from Rosen. Linus uses an open method of communication, a letter, to communicate with the company.

      No one is screaming litigation. They just want the two sides to come to an agreement or understand each other better.

      All of this while the RIAA employs blood-sucking lawyers to further their draconian purposes and monopolistic organization.

      The copyright issue remains for both; and they should be both respected. Remember, fair use, if I own a CD, I want to make that available in any listening format I please or I shoud be able to make a backup of it so the original doesn't get scratched. etc. etc.

    19. Re:Information wants to be free by Dr.+Spork · · Score: 1

      This is a fair point. However, I think the difference is that the terms of the GPL are reasonable, in the sense that reasonable people ought to acknowledge that they are binding. The terms of the RIAA and MPAA are not reasonable, so they are not binding. Sure, xxAA practices may be legal, but if they are, it is simply a sign that some injustices are legal. There is nothing strange about that; many countries have had many immoral laws, and some still do. The point is that an illegal action that violates an obviously just statute is far worse than an infraction against an unjust law (like civil disobedience). The latter is probably not wrong at all!

    20. Re:Information wants to be free by dismentor · · Score: 1

      You sir are a moron. Firstly, I believe that violating the MPAA and RIAA is wrong, wrong, wrong; both legally and morally; there is nothing you can say that will make it right. The problem I have with the MPAA, RIAA, and BSA is that they use strongarm tactics from purely _civilian_ organisations to _police_ you; they also use their wealth and influence in polical arenas to try and make legal their tactics to give themselves power to _police_ you from civilian organisations, to form vigilante mobs to take down internet services, and to give them the right decide on your copyright infringement on them (an impartial third party is reall a _must_ in theis situation); do not forget that P2P is a valid technology and _can_ be used for non-illegal purposes (P2P News? P2P Radio?), and some dubious uses in _your_ country may not be illegal over here; can you see the RIAA and MPAA discriminating on geogrphical locations? (On a side note, what would you say if China, for instance, tried to start shutting down _your_ news sites because they were against the law in _China_? They also try to mandate laws that will restrict _your_ _rights_ (?) that have already been established and laid down in law (fair use laws). I have no sympathy for the RIAA and MPAA, (and to some extent the BSA either).

      As a final note, their are some mitigating circumstances towards copyright infringement against the RIAA and MPAA; this does not make it any less wrong; it's just somehting that should be bore (?) in mind. Firstly, they are mostly monopolies, and artists are forced to contract with them for conventional means (whether the artists get a raw deal is beyond the scope of this comment); this can possibly be attributed to the whims of the mass-market, but, hey, OSS seems to have a different system working. Secondly, there doesn't actually seem to be any evidence suggesting that these copyright infringements harm business (well, maybe in RIAA and MPAA mathematics); this does not give a carte blanche to copy whatever you want, but it is worth bearing in mind.

    21. Re:Information wants to be free by kputnam · · Score: 1

      Stop stereotyping the users of Slashdot. For all you know, the people who worked on the kernel have never illegally downloaded or distributed music on the internet. Yes, there is a double standard if the same person who writes code wants his license respected refuses to respect the license of other copyright holders; however, there is a distinction between the two opinions. It is ignorant to think that the coders on Slashdot are the same people who complain about the DCMA/RIAA/MPAA simply because they communicate on the same forum. Slashdot is not a collective conscience!

    22. Re:Information wants to be free by Anonymous Coward · · Score: 0

      Yes. I see.

      So it's a slippery game of semantics, and the GPL people are clever revolutionaries.

      You worked in the 'profit' word, which clearly shows they are evile. Good work, comrade. At the next meeting of the Central Committee, I will mention the good work you are doing for The Cause, and we'll see if you can be issued extra rations.

    23. Re:Information wants to be free by SN74S181 · · Score: 1

      You do realize, I hope, that the MPAA and the RIAA are industry associations who hold few copyrights themselves. They are in the business of upholding all of their member's copyrights. And that includes a lot of artists, not just Big Bad Business.

      So who are these 'other people's copyrights' you're talking about? The 5% of the people whose are not part of the RIAA?

    24. Re:Information wants to be free by Anonymous Coward · · Score: 0
      That's stupid.

      Kernel developers (and the FSF) are using copyright law. The RIAA are abusing copyright law.

      There's a big difference.

    25. Re:Information wants to be free by Some+Dumbass... · · Score: 1

      Obviously, the above argument is absurd, but points out that Slashdot has a double standard. On one hand, it is ok when a 14-year-old violates the copyright of a RIAA or MPAA-owned company. On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.

      So, what is it going to be? Do we respect both the RIAA's copyright and the copyright which GPL programs have, or do we respect neither?


      Have you read your .sig recently?

      The secret to enjoying Slashdot is to realize that it should not be taken too seriously.

    26. Re:Information wants to be free by debest · · Score: 1
      I think you'll find that the Slashdot crowd that supports violating copyright of RIAA and MPAA content (and is opposed to copyright on the whole) and the Slashdot crowd that that opposes violations of the GPL, are in fact, two separate crowds.

      For the record, I'm with the latter. I believe that the concept of copyright (a limited-time artificial monopoly) is a sound idea, and that it continues to be a fair idea today. I believe that there is such as thing as fair use, which means that there are personal uses for material that are beyond the ability of the rights-holder to dictate to you on how it may be used.

      What this means is (in my opinion, anyway):
      • **AA content and GPL'd code should be protected by copyright:
      • All copyright holders should be able to dictate the terms of how they want their content used (disregarding the above fair-use exemption):
      • Copying/modifying a movie, a song, or a kernel is always perfectly acceptable for personal use, regardless of whether something is copyrighted or not, and regardless of the terms of the copyright. A licence may specifically forbid any such action: doesn't matter, as fair use trumps the powers of the rights holder.
      • Distributing copies of copyrighted materials to others is definately not fair use. Posting material for others to download counts as distribution in my (and any other rational) book.
      • Therefore, selling/sharing copies of copyrighted content is forbidden. By default, copyright is defined as "All rights reserved", meaning that nothing can be done without the rights-holders explicit permission. However, these rights can be modified by a relatively new device called a "licence".
      • The **AA's content does not have a licence (unless you count things like the FBI warnings and such, and they don't grant you any rights beyond what you already get under fair use anyway). You may not distribute their content without their permission. End of discussion.
      • Code licenced under the GPL expressly permits many different kinds of distribution. It actually grants you (as the recipient of the content) rights to the material that the copyright normally forbids. One thing that it does not permit, however, is any kind of distribution of GPL'd work (or derivative GPL'd work) without the source code included.

      Whew! The upshot is that I believe that copyright is to be respected, but not abused. The FSF/Linus/whoever want copyright to be enforcable just as the **AA do, the difference is that the **AA wants to eliminate fair use as well. That's a whole other animal to discuss.

      By the way, just a thought. People have been worrying tremendously about the GPL being tested in court, and how it could be bad if it proves to not be valid. That may be, but any test of the GPL in court is disastrous to the proprietary software industry, which rely on licence agreements to define how their customers may use their otherwise "all rights reserved" software. One of two things could happen:
      • The GPL is upheld as legal, forever removing any FUDing from non-open software companies; or
      • The GPL is found illegal, throwing GNU/Linux into (perhaps temporary) confusion, but also leaving the door wide open for testing the licences of proprietary software in court as well. If one specific software licence can be challenged successfully, all of them can. Also, the BSD licence would (logically) also be challenged, meaning that everyone who has copied BSD code (including Microsoft) will have violated copyright law in the process.

      I say, bring on the GPL challenge. It'll be fun to watch MS lose something either way!
      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    27. Re:Information wants to be free by Anonymous Coward · · Score: 0

      Of course, slashdot has a double standard. Here's
      the proof.

    28. Re:Information wants to be free by nathanh · · Score: 1
      Obviously, the above argument is absurd, but points out that Slashdot has a double standard.

      No shit, sherlock. There are 1/2 million people on Slashdot. I'd be bloody surprised if there weren't 1/2 million different standards.

      On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.

      Castle can either accept the terms of the GPL, or accept the default terms of international copyright. They don't get to pick and choose what suits them best.

    29. Re:Information wants to be free by Anonymous Coward · · Score: 0

      George Bush and the Bush family have long history of supporing eugenics research. Combine this with the fact that the Bush family fortune comes from Nazis and you'll understand why George Bush built concentration camps in Cuba and Afghanistan.

    30. Re:Information wants to be free by Baloo+Ursidae · · Score: 1
      Obviously, the above argument is absurd, but points out that Slashdot has a double standard. On one hand, it is ok when a 14-year-old violates the copyright of a RIAA or MPAA-owned company. On the other hand, it is not OK when a company releases GPL under terms not compatible with the GPL.

      Where's the double standard? It's totally consistant. GPL "breaks" the normal mode of copyright by forcing information to be free. Everybody to take part and share in it, but if you're going to participate, you need to pass it down, too. Castle Rock is suspected of not passing it down, and that's where the transgression is.

      --
      Help us build a better map!
    31. Re:Information wants to be free by Tim+C · · Score: 1

      Most 14-year olds who pirate MP3s and DVDs are interested in FAIR USE of the products in question

      And how exactly is copying/creating an mp3 or DVD of copyright material without permission "fair use"? Seems to me that that is pretty much exactly what copyright law is supposed to prevent.

      Copyright provides (or, is supposed to provide) a limited-time distribution and copying monopoly. That means that you are not allowed to copy your mate's one - otherwise, everyone could just do that and, in the logical extreme, only one copy would ever be sold.

      Of course, as I said, IANAL, and am willing to be proved wrong, if you can show me the paragraph(s) in the releveant statute that allows for the activities that you described.

    32. Re:Information wants to be free by RoyBoy · · Score: 1
      Ok, since you asked nicely, let's go for a stroll down regulatory way. And since we're being clear for the record, IANAL as well, but I am a student of the law. If it matters, I am also not American (Go Canada!), but why forum shop when it's so much easier to just play in your backyard? So, on we go:

      Fair Use was originally a judicially created doctrine, created when the bench ruled in Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984) that "Any individual may reproduce a copyrighted work for a "fair use"; the copyright owner does not possess the exclusive right to such a use." Such doctrine was later incorporated directly into the Copyright Act of 1976, through 17 U.S.C. 107 to include the following provisions:
      • "Notwithstanding the provisions of section 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      • "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      • "(2) the nature of the copyrighted work;
      • "(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and


      • "(4) the effect of the use upon the potential market for or value of the copyrighted work.

        "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
      So basically, the court finds it has the right to limit the exclusive rights of the copyright owner in many cases. In later rulings such as RIAA v. Diamond Multimedia Systems, Inc., 98-56727 (1999) the court has held that "[t]he Rio merely makes copies in order to render portable, or 'space-shift,' those files that already reside on a user's hard drive. Such copying is paradigmatic noncommercial personal use entirely consistent with the purposes of the Act." Further, under 17 U.S.C. 1008, Congress made such exclusions specific:

      "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

      So, basically, if you own it alredy or if your use is noncommercial in nature, you are ableto exercise your fair use rights in the production of a digital copy. Not that this has anything to do with the GPL - but hopefully, Castle will give us all an opportunity to finally have a ruling from the bench on a legal enforceability of a copyleft doctrine.

      --
      -- People who think they know it all, really annoy those of us who do!
    33. Re:Information wants to be free by jelle · · Score: 1

      Nobody says they can't use the kernel code. They can use it and sell it no problem. They just have to release the source too when they do.

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
  42. Anyone remember Lindows? by Anonymous Coward · · Score: 0

    Lindows only 'sells' subscriptions to GNU software and won't give out any of their code, even the GNU code, saying they don't have to or they won't even respond at all, I've read all the discussions on this, and I know how it goes, but that's still kind of f'cked up don't you think? I mean, they are doing it blatently, this company just hid it, why haven't they been sued?

  43. I don't think they'll have time.... by siskbc · · Score: 0, Offtopic
    ...since they typically spend all day trying to convince people to say GNU/Linux...

    Stallman...hahaha...

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:I don't think they'll have time.... by Anonymous Coward · · Score: 0

      Do you practice your ignorance, or were you born that way?

    2. Re:I don't think they'll have time.... by Anonymous Coward · · Score: 0

      thanks for biting the trollbait, dipshit. Do you usually get upset when people poke fun at Stallman?

    3. Re:I don't think they'll have time.... by Anonymous Coward · · Score: 0

      *poke *poke* *poke*

      Haha. Take that, Stallman, you pompous ass.

  44. Let them smell fear by Anonymous Coward · · Score: 0

    Bring in RMS

    1. Re:Let them smell fear by Anonymous Coward · · Score: 0

      Gnu/Do Gnu/you Gnu/think Gnu/thats Gnu/a Gnu/good Gnu/idea?

      Gnu/I Gnu/mean, Gnu/let Gnu/them Gnu/smell Gnu/RMS Gnu/by Gnu/all Gnu/means.

    2. Re:Let them smell fear by Anonymous Coward · · Score: 0

      You must have meant - Let them fear smell.

  45. LART by devnull17 · · Score: 2, Funny

    According to ESR's Jargon File, a LART (Luser Attitude Readjustment Tool) is a large, blunt object used to smack some sense into people who do offensive (or offensively stupid) things. Could be just the thing here...

  46. GPL & Masked ROMS by Anonymous Coward · · Score: 0

    So - what if a company does make a product but masks the GPL code in a masked rom and bonds the bare die onto a circuit board [think cheap consumer electronics] what good does the GPL do then? Can you actually make use of it and modify it to make it work? If you did - you would have to have a new masked rom, bare die and a bonding machine.

    This is very tall order for most people.

    I'm not talking about flash - flash is expensive - bare die masked roms are cheap - pennies not nickles.

    1. Re:GPL & Masked ROMS by Mr+Z · · Score: 1

      As long as you can download the source code or get it on a floppy/CD/whatever, it's all good.

    2. Re:GPL & Masked ROMS by Anonymous Coward · · Score: 0
      This is very tall order for most people.

      Maybe individually. Part of what the GPL ensures is that we can hire people to modify the code and mask more ROMs, so if enough of us are willing to pay enough a company can undertake this profitably. Nobody can demand monopoly rents or forbid any modifications; the actual cost of the process is just an economic fact we have to live with.

  47. I couldn't agree more by BorgCopyeditor · · Score: 1
    which is worse... stealing non-free code, or selling free code?

    Totally.

    --
    Shop as usual. And avoid panic buying.
  48. Re:They have nerve by ChaosDiscord · · Score: 1
    RISC OS is a windows-and-mouse based operating system. (from RiscOS.com

    That's a truly revolutionally design for an operating system. Most people base their operating systems on silly things like memory management, process scheduling, and hardware drivers. Basing your operating system on windows and and mice is so revolutionary it's stupid!

  49. Get a life by Anonymous Coward · · Score: 3, Funny

    I don't know what is more disturbing: Somebody disgracing the sacred GPL for profit (GASP!), or the fact that somebody else actually examined a binary ROM looking for the binary signatures of Linux kernel functions.

    One of the two needs to get a life (I'll leave it up to you to decide who).


    I don't know what is more disturbing: a hacker mentioned on slashdot who needs to get a life, or somebody posting to slashdot on a Friday evening saying the hacker needs to get a life.

    One of the two needs to get a life (I'll leave it up to you to decide who).

  50. Castle admits using GPL'd source? by philos · · Score: 0, Redundant

    Castle seems to admit as much on this page:
    http://www.iyonix.com/32bit/PCI_API.shtml

    which says:
    "Note that the source code for many of the Linux PCI device drivers is publicly available on the Internet and may be useful in developing the corresponding RISC OS device driver."

    IMHO, it should be a easy court case to win. So does this mean that they must release the source to the RISC OS, or at least any part that is linked with the PCI code?

    1. Re:Castle admits using GPL'd source? by mindstrm · · Score: 1

      No. Because nowhere did they agree to a license.

      The GPL is a set of terms you can choose to accept that grants you permission to do certain things above and beyond what standard copyright allows. If you don't abide by the GPL, you have no license, and only standard copyright applies, and using the code is a violation of standard copyright.
      Please understand the distinction; it's important.

      They are in violation of copyright by using code without permission; no judge would force them to release code.. ALTHOUGH they may suggest it as a possible remedy.

    2. Re:Castle admits using GPL'd source? by Minna+Kirai · · Score: 1

      nowhere did they agree to a license.

      GPL section 5:
      by modifying or distributing the Program, you indicate your acceptance of this License

      So one can argue that they've agreed to it.

      I don't usually like clauses of the form "by XYZ, you agree to this license". (XYZ is usually "clicking OK"). Allowing the means to enter someone into a contract to expand to include behaviors very different from "an adult signing her name".

      If clicking the button means agreement, why stop there? Can a used-car salesman take my $7000, and then yell out "by turning the ignition key, you agree to give me $175 more dollars"? Of course not, even though that's a necessary part of operating my own property, just like clicking "Accept" in InstallShield. It doesn't make sense, and this is why (if the courts were competent), EULAs would be unenforcable.

      However, back to topic, if the XYZ "activity which indicates agreement" is something that would normally be a criminal violation of the other party's rights (something that no law-abiding person would do without special permission), then the case for interpreting it as a willful indication of acceptance is much stronger.

      It's unlikely, but a judge could decide to make the case about violation of contract, rather than copyright infringment.

  51. Contact Information by Network+Tech+Man · · Score: 0, Redundant

    Let's let them know how much we appreciate them ripping off of people's good will:

    Castle Technology Ltd
    Ore Trading Estate
    Woodbridge Road
    Framlingham
    Suffolk
    IP13 9LL UK

    Sales Telephone Line: 01728 723 200
    Lines Open: Monday-Friday 9:00-5:00

    Sales Fax Line: 01728 727 427
    Lines Open: 24hrs every day

    Support Line: 01728 727 424
    Lines Open: Monday-Friday 9:00-12:00

    Email: sales@castle.uk.co

  52. Identifying a file's type. by Mr+Z · · Score: 0, Offtopic

    Under UNIX, use "file foo " to try to determine the type of contents in foo. It uses pattern information in the file /etc/magic to make its guess.

    --Joe
  53. Give it a couple of days by I+Am+The+Owl · · Score: 5, Insightful

    Before everyone starts clamoring for all out war against these horrible, horrible GPL violators, I would advise you at least give it a few days for the dust to settle. Slashdot, after all, is hardly known for responsible reporting, and has quite often reported such violations erroneously and caused quite a bit of damage to the reputations of various corporations.

    --

    --sdem
    1. Re:Give it a couple of days by SN74S181 · · Score: 1

      Well, actually I am now interested in their products. Slashdot just gave them a lot of coverage that they didn't previously have.

      But I am not sure how much of a North American market they are trying to develop. I've wanted a StrongArm box for awhile, and the only one I've seen in the past that looked feasible and in the form factor I want was the Chalice CATS board in the ATX form factor, and it is an expensive 'development hardware' product.

    2. Re:Give it a couple of days by Anonymous Coward · · Score: 0

      Were any of those organizations actually innocent, rather than having screwed their users but then slowly and grudgingly doing the Right Thing?

    3. Re:Give it a couple of days by Anonymous Coward · · Score: 0

      The Iyonix PC uses the Intel xScale processor (it shares some characteristics in common with the StrongARM). The version in the Iyonix is 600MHz, the RISC OS 5.XX is (inspite of the hype here) mostly NOT based on GPL code hijacked or otherwise (RISC OS Predates Linux having come out originally in 1988).

      If you're worried about the GPL stuff though Castle also sell the Kinetic RISC PC which uses a 300MHz StrongARM and uses RISC OS 4.02 (which DOES NOT INCLUDE ANY GPL CODE).

      Regards

      Annraoi

    4. Re:Give it a couple of days by crok · · Score: 1

      Or if you have a grudge against Castle, there's always the Microdigital Omega which may be released one day...

      Both companies produce ARM7500FE boxes, as does RiscStation limited, but these are relatively slow. All of these machines run RISC OS 4 (although Omega is claimed to have RISC OS 5). Castle seem to be the most organised company ATM.

  54. Their mail form COULD speak volumes. by gilgongo · · Score: 0, Troll

    Hey, they sure know how to put together an HTML form processor that doesn't allow me to hijack it and bomb the hell out of their mail server with polite messages about the GPL.

    Do they?

    <INPUT TYPE='hidden' NAME='recipient' value="weborders@castle.uk.co">

    Hmmm...

    --
    "And the meaning of words; when they cease to function; when will it start worrying you?"
    1. Re:Their mail form COULD speak volumes. by Anonymous Coward · · Score: 0

      maybe because they don't expect pricks to "bomb the hell out of their mail server". Christ, you might be a .uk person too. I really thought that we had less wankers than the hanks. Just goes to show.

    2. Re:Their mail form COULD speak volumes. by nietsch · · Score: 1

      a single message would be enough, if everybody here would do the same. Besides, any email that is on their website isn't very secret dont you think? they will be spammed a lot anyhow, so why care about some coming from slashdot readers.

      --
      This space is intentionally staring blankly at you
    3. Re:Their mail form COULD speak volumes. by gilgongo · · Score: 1

      I'm sure they don't expect it, but since for all I know their script has already been used by spammers to bomb the hell out of MY server, I was simply pointing out that they should be more responsible.

      Troll indeed! Would I be a troll if I pointed out that somebody should stop smoking at he petrol station?

      If I were a troll, I would post anonymously - like you in fact. Not called Anonymous Coward for nothing it seems.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    4. Re:Their mail form COULD speak volumes. by Anonymous Coward · · Score: 0

      I've not tested it, but a sensible idea would be server side validation of the email address. Then, of course, if its limited to one domain only you'd not need to specify the domain in the hidden field. In fact, a key to a lookup table would be better, but obviously not whats been done here.

  55. Comment removed by account_deleted · · Score: 1, Insightful

    Comment removed based on user account deletion

  56. it varies (ianal ymmv) by renard · · Score: 1
    where do you draw the line about code being stolen?

    Well the first thing to say is that if you're just programming for yourself and not for distribution to others, then you can cut & paste GPL'd code to your heart's content, develop your own kernel branch with your own proprietary extensions, whatever you like. It's only when you try to distribute your program that you're going to run up against the "share and share alike" provisions of the GPL.

    Programming for distribution, you will find yourself in one of the big legal gray areas (County of IP; City of Copyright Law). Consider music sampling - where even taking one note can get you busted - or the "fair use" and "parody" exceptions to copyright law - where you can get away with snippets of the original but will get spanked if you take "too much".

    How much is too much for programming? Almost certainly any given line is not going to get you in trouble - and how is anyone going to know you cut & pasted it in, anyway? - but by the time you're copying nonobvious functions wholesale - or even obvious functions byte for byte - you should think again.

    If King's claims are accurate then this case would be in the "way egregious" category.

    -renard

  57. haha and they're ripping off KDE too! by 7-Vodka · · Score: 1
    Check out this: kog logo

    They even steal the food from the mouths of the little babies of kde workers!

    < /joke >
    --

    Liberty.

    1. Re:haha and they're ripping off KDE too! by Anonymous Coward · · Score: 0

      Go and download the ROX filer for linux.RIPS off the RISC OS filer. And why not it is a lovely file system.

      FYI RISC OS Select (4.05 +) uses a green cog.
      RISC OS 5 that ships with the Iyonix uses a blue bean!

  58. reminds me of a story... by newsdee · · Score: 3, Funny

    I don't remember who it was (probably somebody here does), but there was once this company suing another for stealing their source.

    Of course the defendants blatantly denied everything and asked for proof. So in front of the judge and the rest of the audience, one of the programmers nonchalantly typed a sequence of keys on the defendant's software and... a huge easter egg showing the name of the original programmers appeared on the screen. :-)

    Too bad they changed the function signatures, such a definite victory may not be obtainable in court this time. But I sure hope a good precedent comes out of this.

    1. Re:reminds me of a story... by user32.ExitWindowsEx · · Score: 1

      I think it was MSFT and one of the DOS companies...DR-DOS (their maker), mabye.

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    2. Re:reminds me of a story... by John+Hasler · · Score: 1

      > Too bad they changed the function signatures, such
      > a definite victory may not be obtainable in court
      > this time. But I sure hope a good precedent comes
      > out of this.

      You figure they somehow retroactively changed the signatures on copies already distributed? Found and destroyed all incriminating documents and files? Induced all current and former employees to perjure themselves?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:reminds me of a story... by pizza_milkshake · · Score: 1
      Of course the defendants blatantly denied everything and asked for proof. So in front of the judge and the rest of the audience, one of the programmers nonchalantly typed a sequence of keys on the defendant's software and... a huge easter egg showing the name of the original programmers appeared on the screen. :-)

      iirc it was the developers of CP/M, suing Microsoft back in the 80s

    4. Re:reminds me of a story... by laing · · Score: 1

      Gary Killdal (SP?), the orignal CP/M programmer had a company named "Digital Research". Some other small company in Seattle (name?) basically just re-wrote the disassembled source for the x86 processor. The entire API was virtually identical. The small company sold the OS to Microsoft and "DOS" was born. DR tried to sue MS for infringement. I think the case was settled before the court had a chance to rule.

    5. Re:reminds me of a story... by Minna+Kirai · · Score: 1

      Function signatures by themselves mean little. They could always claim to have included them as "a standardized API, for compatibility reasons".

      (Many people agree "dependency is not derivation", meaning that "header file" type details like function names and arguments are insufficiently creative to be worthy of copyright protection)

    6. Re:reminds me of a story... by La+Temperanza · · Score: 1

      A similar true story happened quite recently on a lesser scale in SNES emulation land, when a private beta of DeJap's Tales of Phantasia translation patch got leaked and some dorks claimed it was their work. No one really believed them in the first place, as DeJap provided an alpha snapshot... but it does present a case for not removing cool easter eggs from your products :)

      --

      --
      est modus in rebus
    7. Re:reminds me of a story... by Anonymous Coward · · Score: 0

      You figure they somehow retroactively changed the signatures on copies already distributed?

      Man, we are talking about RISCOS machines here. They probably sold one to the guy round the corner... and there's one on the managing director's desk. Changing both copies shouldn't be much trouble.

    8. Re:reminds me of a story... by John+Hasler · · Score: 1

      > Function signatures by themselves mean little.

      They mean a lot if they plus other evidence are enough to convince a judge to issue an order requiring the defendant to permit the plaintiff to examine the source.

      > They could always claim to have included them as
      > "a standardized API, for compatibility reasons".

      Compatibility with what? From what I can tell these functions are being used inside Castle's proprietary OS.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  59. Forgot to add - by Anonymous Coward · · Score: 0

    GPL'd code is generally not for profit, and people are usually more sympathetic towards these types of organizations than corporate ones, and for good reason.

    The practices of corporate institutions such as the RIAA tend to seek to remove freedoms from customers, while the GPL seeks to give freedom. It really is no mystery why there seems to be a contradiction, but there really isnt, once you put things in their proper context.

  60. Castle Technologies? by wilburdg · · Score: 2, Interesting

    It looks to me like Castle Technologies just happens to sell machines which have RISC OS on them. One of many companies in the UK.
    Wouldn't the company in violation be RISCOS Ltd?

    1. Re:Castle Technologies? by Anonymous Coward · · Score: 1, Interesting

      Acorn RISC machines have had a weird history, to say the least. It all started with the BBC Micro (i'm not entirely sure when/where the electron came along) which was part of a UK government-funded scheme to put a computer in every classroom. The next generation BBC was the archimedes, for which 'RISCOS' was written (by Acorn). After a number of generations of machines had passed by, Acorn abandoned the Archimedes series altogether (afaik Acorn are now 'Element 14'), and went over to making STBs, leaving RISCOS in the hands of some private company (under license), and castle making the computers themselves.

    2. Re:Castle Technologies? by paulc0001 · · Score: 3, Informative
      Wouldn't the company in violation be RISCOS Ltd? [riscos.com]
      Actually, no. RISCOS Ltd are responsible for RISC OS 4. The Iyonix PC uses RISC OS 5 that was developed by Castle Technology (well, developed for them but not by RISCOS Ltd).
    3. Re:Castle Technologies? by Gerph · · Score: 3, Informative

      The sources used by RISCOS Ltd are not those used by Castle; the sources that RISCOS Ltd use were licensed a number of years ago from Acorn and do not include any components which are GPL, and acknowledge the components which they do use. Castle have, alledgedly, licensed their sources from Pace Microtechnology plc (the company who bought Acorn) and presumably added the PCI code from the Linux kernel themselves. I say presumably because I can't say one way or another whether the work was done by Pace or by Castle. Castle, as publishers of the product, are those who must be looked to for answers.

    4. Re:Castle Technologies? by Elwood+P+Dowd · · Score: 1

      Well. If I have some counterfeit Windows XP shrinkwrap boxes, bought them at full price, and sold them accidentally, I might get in some trouble.

      If someone then *told* me I was selling counterfeit Windows XP boxes, and I continued selling them, I might get in a lot of trouble.

      Just 'cause I didn't create the copy doesn't mean I can sell it. Does it?

      --

      There are no trails. There are no trees out here.
    5. Re:Castle Technologies? by Anonymous Coward · · Score: 0

      Acorn do indeed have a weird history. I used to code for the machines (job, not hobby). False benchmarks -- not unusual I suppose, but these were gratuitously unfair disk filing system tests -- users that were massive snobs and developers that were astonishingly egocentric and much less talented than they liked to think.

      There's still a feeling that Acorn was somehow badly treated by the UK public... and yet, Acorn couldn't have had more handouts and publicity from the government. Acorn fucking sucked... their machines sucked... and their users were appalling... even worse than Amiga zealots. Anyone expressing surprise that a RISCOS outfit is ripping off GPLed code has obviously not dealt with the Acorn world before.

  61. Trollfeeder by Anonymous Coward · · Score: 0

    ...dumbass...

  62. Kiwi has a point... by unicorn · · Score: 1

    It's irrelevant that the people end up buying the albums they like anyhow. And it's also irrelevant whether or not the MP3's are downloaded for profit.

    Technically swapping MP3's that you don't own the copyright to, is a violation of the copyright law. By design, most laws are set up in a very black and white manner. Intent is or at least should be totally irrelevant generally. This is allowed, that isn't is cut and dried, once you start letting the intent of actions be subject to interpretation, the law is basically meaningless.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
    1. Re:Kiwi has a point... by Anonymous Coward · · Score: 0

      kiwi doesn't have a point. the original arguement was "information wants to be free"

      If one uses that curious statement, then requiring Castle to release their OS source as the GPL stipulates, would satisfy the GPL and the above assumption.

    2. Re:Kiwi has a point... by Anonymous Coward · · Score: 0



      (Should I stick to relevance?)

      I'm looking at it, and I don't see that people end up buying the albums they like. I see that they buy in-car MP3 players, but that's irrelevant.

    3. Re:Kiwi has a point... by jedidiah · · Score: 1

      It's actually quite relevant. The actual law agrees with my position, not yours.

      A professional pirate "steals" a customer willing to spend some non-zero sum on the product. It's a bit easier to establish damage in that case. However, there is no demonstrable value in a user only willing to consume your product for free. Thus, you can't demonstrate any real harm caused by non-commercial piracy.

      Tree falling alone in the forest, versus one falling one someone's house.

      Demand of most pirated works are highly elastic.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Kiwi has a point... by terrymr · · Score: 1

      Oddly enough intent is everything when it comes to the law .... there are a very limited number of crimes for which you can be prosecuted for if you didn't intend to commit them. Most civil cases are based on somebody intentionally harming somebody or their interests too.

  63. Re:contact them,... by Anonymous Coward · · Score: 0

    UK mail addresses are normally .co.uk and NOT .uk.co - that just looks like a typo...

    Lots of /.ers could be in for a lot of mail undeliverable messages...

  64. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  65. Stephen King dead at age fifty something by SweetAndSourJesus · · Score: 0, Troll

    There weren't any details, and I forgot how this one goes exactly.

    You know what I mean. Radio. King. Dead in Maine home. No details. American icon.

    --

    --
    the strongest word is still the word "free"
    1. Re:Stephen King dead at age fifty something by Anonymous Coward · · Score: 0

      Worse. Slashdot clique joke. Ever.

    2. Re:Stephen King dead at age fifty something by Salsaman · · Score: 0, Offtopic

      A beowulf cluster of mourners was expected to attend his funeral.

    3. Re:Stephen King dead at age fifty something by Anonymous Coward · · Score: 0

      I believe the word you're looking for is "worst", fucktard.

  66. why is anyone that stupid by Splork · · Score: 5, Insightful

    there are three perfectly good sets of BSD code to copy from with zero repercussions that do the exact same thing.

    1. Re:why is anyone that stupid by Sabalon · · Score: 1, Insightful

      Probably because the GPL zealots would then be all over then for not using GPL ;)

    2. Re:why is anyone that stupid by Gadzinka · · Score: 2, Funny

      Perheaps it is because those BSD codebases aren't that good after all...

      Robert

      --
      Bastard Operator From 193.219.28.162
  67. Copying is the greatest form of flattery BUT by MrByte420 · · Score: 1

    I cannot possibly defend this kind of action - even those of you trying to play devil's advocate to some sort of "slashdot hypocripsy" theory. This is stealing and they are stealing from the public. If they want this code so badly then why can't they abide by the terms that it comes with. I'm all for making a test case of the GPL go through the motions. Prove that the GPL can stand on its own - make these corporations who are constantly hounding computer users that they are loosing their intellectual property to any slight amount of internet "fair use" see what its like to be on the other side of the fence. There geediness is unbounded and they will never be looking out for the best interest of our software so why should we be allowing them to compete with us. I mean - when they put in their own website that their competing against linux - using Linux code is like "The Generic Cola Beverage Company" ripping off Coke in the middle of the night of their formula and then opening up business the next day with an identical product - it bet Coke wouldn't stand for it and neither should we. The only way that we have for a free software utopia is to stand up for ourselves now!

    --
    If religous zealots don't believe in Evolution, then why are they so worried about bird flu?
    1. Re:Copying is the greatest form of flattery BUT by m1chael · · Score: 0

      Copying is the greatest form of flattery BUT

      when money is involved everyone wants a piece of the pie.

      --
      I know you are psychotic, but please make an effort.
    2. Re:Copying is the greatest form of flattery BUT by Anonymous Coward · · Score: 0

      point 1
      Hahahahahah RISC OS and Linux are NOT identical. both have their advantages and uses.

      Point 2 RISC OS started at v2 with a fully featured GUI in 1988, its predecessor Arthur had all of the basic elements of the RISC OS GUI and appeared in 1987.

      Arthur can be traced back to the BBC operating system used from the early 80's

      Bit of a moot point as to which came first Linux or RISC OS certainly wrt to the GUI.

      Point 3 download the ROX filer system which according to the author is a copy of the RISC OS filer.

      Don't know how much the author of ROX has paid the copywrite owners of RISC OS (not Castle do not own RISC OS) for the privilage of using their intellectual property and distributing it free to Linux users the world over.
      Anon

  68. IANAL, but... by Millennium · · Score: 1

    I believe I read somewhere that the general convention is twenty lines of code. Take that much, and you've crossed the line. YMMV, of course.

  69. Re:Sue them after BSA rapes their office by smokin_juan · · Score: 1

    Dunno, but I'm wondering if the BSA will be kicking their doors in any time soon.

  70. Nice try at punishing them... by jagilbertvt · · Score: 1

    DDOS'ed by the /. effect. Too bad it doesnt seem to have worked.. :)

  71. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  72. Bah, hypocrites by forkboy · · Score: 2, Interesting

    If that were Microsoft that released an operating system that used significant chunks of the Linux kernel, there would already be a paypal donation site already set up to fund the legal battle to get them to comply with the GPL.

    Copyright violations by individuals at home for private use are quite debatable...a company violating a copyright in order to make a profit is not debatable in the least...it is PRECISELY in the spirit of copyright and why it was invented in the first place.

    --
    This message brought to you by the Council of People Who Are Sick of Seeing More People.
    1. Re:Bah, hypocrites by Anonymous Coward · · Score: 0

      If that were Microsoft that released an operating system that used significant chunks of the Linux kernel, there would already be a paypal donation site already set up to fund the legal battle to get them to comply with the GPL.

      correct me if i'm wrong, but wouldn't it have a much greater impact if MS were to do as oppossed to this little company no one has ever heard of?

    2. Re:Bah, hypocrites by Anonymous Coward · · Score: 0

      As the GPL doen't require redistribution, a lot of private use is ok.

    3. Re:Bah, hypocrites by Anonymous Coward · · Score: 0

      Maybe that paypal donation site would be needed to pay for legal fees against such a behemoth? I don't think castle has the same sort of resources! I consider the paypal sites to just "even the playing field" when there is unfair advantage to one side.

  73. why violating open source copyrights SUCK by Indy1 · · Score: 1, Insightful

    ok, i've seen a lot of posts on people being hypocrits about complaining the kernel being ripped off vs downloading some crappy boy band music off kazaa.

    1st. When someone downloads some crappy song off kazaa, they arent claiming they made the song, or that they "own" the song, they just want to listen to the damn thing. Same thing goes for someone installing that warezed copy of office xp. They arent claiming that they coded office, or that they have the right to resell it, they just want to write documents.

    2nd. If this company was merely using the modified kernel for internal purposes only , that would be kosher imho. If they wanted to modify it and sell the product, as long as they gave credit (and the modified code), that would be kosher too.

    On a strictly personal level, i believe that when some large ass company (i.e. Microsoft, Riaa, Adobe ) commits multiple henious crimes against the people (i.e. DMCA, Sklyarov, Monopolistic abuses), that the company no longer is worthy of copyright protection. Thats why i have ZERO problem with people downloading music, burning off copies of Windows and Office, etc, for their friends and family, and giving the above companies a giant middle finger. Its civil disobienace at its best.

    --
    Lawyers, MBA's, RIAA? A jedi fears not these things!
    1. Re:why violating open source copyrights SUCK by Anonymous Coward · · Score: 2, Insightful

      > On a strictly personal level, i believe that when some large ass company (i.e. Microsoft, Riaa, Adobe ) commits multiple henious crimes against the people (i.e. DMCA, Sklyarov, Monopolistic abuses), that the company no longer is worthy of copyright protection. Thats why i have ZERO problem with people downloading music, burning off copies of Windows and Office, etc, for their friends and family, and giving the above companies a giant middle finger. Its civil disobienace at its best.

      Hardly 'civil disobedience' at all unless you plan on publicly breaking a law and then publicly going to jail as a way of protesting that you feel the law is unjust.

      If you're not willing to take the consequences, you're simply a sneak thief; read up on Thoreau and Gandhi before trying to hide your actions under their words.

    2. Re:why violating open source copyrights SUCK by Jahf · · Score: 1

      Your first two points are very valid to me. However, your personalized rant trying to empower people to pirate software is going to cause people to overlook your good points. Consider posting twice or simply leaving out the troll bits.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    3. Re:why violating open source copyrights SUCK by DaCool42 · · Score: 2, Insightful

      You want to send a message to MS, RIAA, etc? Don't download their products. Don't buy their products. Don't have anything to do with them. Then someone else won't be buying MS Office to read that Word document you just sent them.

      --

      ----
      All of whose base are belong to the what-now?
    4. Re:why violating open source copyrights SUCK by Fwonkas · · Score: 1
      Hardly 'civil disobedience' at all unless you plan on publicly breaking a law and then publicly going to jail as a way of protesting that you feel the law is unjust.

      Exactly. I'd also say it's a matter of motivation. Does your average p2p kid download music as a conscious political statement? Or just to get the latest Limp Bizkit without paying for it? The issue of whether they should be allowed to do so aside, this is poor civil disobedience. I don't care if the downloader thinks the law they're violating is unjust. That may very well be so. But it doesn't meet the criteria of civil disobedience by any stretch. I'd say it could very well be counterproductive, in fact.

      --
      COMPUTER! Whatever happened to Blueberry Muffin?
    5. Re:why violating open source copyrights SUCK by zorander · · Score: 1

      well your personal views tragically do not coincide with the law. This isn't civil obedience but theft. Note the difference.

      You are a criminal, like it or not. We live in a country where everyone is to some degree (Ever gone over the speed limit?), but you are potentially liable for some pretty hefty fines if/when you get caught.

      Go Directly to Jail. Do not pass go. Do not collect $200.

      It's not a crime for the company until it's convicted and the punishment for the crime is the punishment for the crime. Only Microsoft has been convicted of anything and they will have paid their retribution and everyone will get on with their lives. To continue to punish them after their government-sanctioned punishment is unjust, whether or not you view their punishment as just or whether you recognize the current regime as legitamate.

      Of course, if you just want your music and M$ software then go forth and pirate, but don't claim righteousness in your pirating.

      Brian

    6. Re:why violating open source copyrights SUCK by Anonymous Coward · · Score: 1, Informative

      Internal use isn't kosher as a matter of opinion, it's indisputably allowed by the license (due to the privacy issues stemming from being required to distribute private work).

  74. Question on GPL. by eniu!uine · · Score: 2, Interesting

    I'm wondering who's responsible for suing for GPL infringements... the copyright holders are numerous and it's doubtful they'd all have enough money to fight that kind of legal battle with any kind of big software company. It seems so odd to imagine the EFF suing for a copyright infringement. FSF maybe?

    1. Re:Question on GPL. by ctid · · Score: 1

      Anyone who has written GPLed code that has been copied could sue. Since it's GPLed code, the FSF will probably handle it in the first instance. What happens normally is that the FSF approaches the company, explains that no-one has ever tried to defend this form of copyright theft in court and then dares the company in question to be the first. Then the company sees the error of its ways and desists.

      --
      Reality is defined by the maddest person in the room
    2. Re:Question on GPL. by praksys · · Score: 1

      Whoever wrote the code in question (probably a number of people in this case - so any one of them) still holds the copyright and is in a position to sue. Depending on the laws of the country where the suit is brought it might be possible for someone to sue on their behalf even without permission to do so, and in any case the copyright holder can authorise someone to sue on their behalf.

      Depending on the merits of the case they might not need any money to get the ball rolling. Lots of lawyers are quite happy to work for contingiency fees.

      BTW IANAL

    3. Re:Question on GPL. by John+Hasler · · Score: 1

      > ...the copyright holders are numerous and it's
      > doubtful they'd all have enough money to fight
      > that kind of legal battle with any kind of big
      > software company.

      The copyright holders would be the plaintiffs, of course, but that doesn't mean that others can't help pay the bills. You've heard of legal defense funds, I trust? How long did it take to raise $100,000 to buy out blender? How long do you think it would take to raise $1,000,000 to protect the Linux kernel? How much do you think IBM might donate? Think maybe Lawrence Lessig and Eben Mogland might help out for free?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:Question on GPL. by Anonymous Coward · · Score: 0

      Sue on my behalf without my permission?! Do I get any of the damages? What if I wanted to sue but use a cheaper legal team?

    5. Re:Question on GPL. by John+Hasler · · Score: 1

      "Mogland" should read "Moglen".

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  75. Re:They have nerve by bwt · · Score: 1


    They may hang by that statement in court, since it shows intent to compete with Linux. You generally don't have a strong argument for fair use when you lift code from your competitors. Moreover, it makes it much more likely that the infringement was "willful", in which case we are talking big bucks in damages.

  76. If you bring in RMS by Anonymous Coward · · Score: 0

    Fear won't be all they'll smell...

  77. Contact people who are using/want to use it! by tlim · · Score: 1

    If we know for sure that the code is GPL'ed and they are stealing the source code to build their components, if we inform the customer that the component they are using is illegally created, the company would balk at using them. Why? Because now that company knows that the OS is illegal, the company might be held liable for knowingly using the illegal component. Anyone here a true lawyer to verify if this mechanism would work?

  78. It's not though by renard · · Score: 5, Insightful
    Every time we see one of these GPL-violation cases, people start talking about "testing the GPL".

    But invariably the guilty corporations are violating copyright law first before they are violating the GPL. This makes sense, because the GPL is actually more permissive than copyright law. And copyright law has been tested, many times - and it does have teeth.

    If someone can present an argument why Castle in this case is violating the GPL, and not violating standard copyright law in the process, then I would like to hear it.

    -renard

    1. Re:It's not though by Anonymous Coward · · Score: 0

      . . . because software licenses of this nature have not been tested in courts! It is a legal morass between GPL as a copyright waiver and GPL as a binding contract. Specifically, the GPL allows for distribution of derivative works but not when they are derived by the compiler program. I do not think that is standing on firm legal ground. It could even happen that the courts decide that GPL is essentially public domain, although this seems unlikely. There are other parts of the GPL which are in even less tenable positions, but the source distribution clause is the only one which anyone outside the FSF cares about as far as I am aware.

    2. Re:It's not though by Minna+Kirai · · Score: 4, Interesting

      Huh? That question doesn't make sense. Violating standard copyright law is the entire legal mechanism the GPL operates by. Duplicating the code is illegal, but the copyright holder has agreed to give copying permission to anyone who obeys the GPL.

      Like the GPL says:
      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License.

      A theoretical "test" of the GPL might find that the license text is all correct and legal. Or, maybe a court would declare the license invalid. This could mean that every user of Linux and other GPL software is in violation of copyright (until the authors work up another way to give out permission). That would be a major news story, and is why people get excited when the possibility of a "test" arises.

    3. Re:It's not though by renard · · Score: 0, Flamebait
      AC, AC, what are you thinking? Please brush up a little on your background prior to your next senseless post, lest you be mistaken for a troll.

      If Castle does not accept the terms of the GPL, or the GPL is declared to be invalid, then standard copyright law applies and they are infringing. They cannot and will not be allowed, by any Court, to "cherry pick" from among the various clauses of the GPL those that they choose to accept, and those that they choose to decline.

      -renard

    4. Re:It's not though by ScottKin · · Score: 1

      Correct me if I'm wrong - but doesn't the GPL define anything licenced under the GPL as virtually being "public domain" (i.e. free for use by anyone)?

      With that being the case, doesn't "public domain" superceed *any* copyright claims? As long as they include a copy (including hardcopy) of the source, they're not in violation of the GPL.

      This is exactly what I've been waiting to happen to the GNU GPL and it's viral clones.

      One could now say: "The GNU GPL means 'Free Software' - unless we want to define the GPL to fit our particular situation"

      Three cheers for RMS? FAH!!!!

      ScottKin

      --
      I don't give a rat's behind about "karma" here or anywhere else. Don't like what I have to say here? Deal with it!
    5. Re:It's not though by bear_phillips · · Score: 1

      Good point. Here is my question to everyone that thinks the GPL will not stand up in court. If the GPL is held invalid, then what happens to the code? Does it just go into the public domain? Does it somehow become proprietary?

      --
      http://www.windmeadow.com/
    6. Re:It's not though by stevew · · Score: 1

      Well - someone earlier pointed out that Copyright law is the first part of the law these guys are apparently violating.

      I don't quite understand you point about derivative work by the compiler?

      In any case - the other interesting point to consider is now that these dudes have nibbled GPL'd code and linked it with their own - assuming the GPL does hold up in all it's angles - their RISCOS is now GPL'd in it's entirety!

      Ain't viral licensing grand!

      --
      Have you compiled your kernel today??
    7. Re:It's not though by Anonymous Coward · · Score: 0

      The GPL is a licence for copyrighted programs, nothing
      to do free domain. In other words, when a program
      is under the GPL, it designates the terms of a licence for something that is already copyrighted.

    8. Re:It's not though by Archie+Steel · · Score: 4, Informative

      I think you should read that GPL again. It does not give someone the right to distribute the code (or parts of the code) in binary form, but then requires whomever distributes it to also offer the sources as well - and give credit to the original authors. They are also prohibited from not extending these same distribution rights and obligations to who get their software. So that company can use parts from the kernel, but they have to give out the sources of their software and give credit where it's due - as well as the permission to redistribute the software under the GPL. If I understand correctly, they have failed to do this.

      In other words, yes, you were wrong, and have now been corrected. GPL does not mean Public Domain (even though the two share some similarities). It seems you're going to keep waiting a looong time for whatever gripe you have with the GPL to materialize.

      --

      Reminder: find a new sig
    9. Re:It's not though by Anonymous Coward · · Score: 0

      Ahem, you do realise the some Linux distributions contain a GUI that claims to mimick the RISC OS desktop (and that it would be within the rights of RISC OS's owner - Pace to countersue on that basis). Additional disk formats from RISC OS have been incorporated in RISC OS.

      The amount of "disputed code" is small in comparison to RISC OS's total size and is NOT PRESENT in ANY versions of RISC OS prior to version 5.XX (it follows that components in RO4 are protected and would not under any circumstances be Open Sourced).

      I know you Linux heads would LOVE to get your hands on the working Anti-aliased font system in RISC OS but is doing this sort of thing just taking things a little too far ? (I am sure Bill Gates will be laughing all the way to the bank over this one).

    10. Re:It's not though by Vicegrip · · Score: 2, Informative

      If the GPL is held invalid, for whatever reason including patent infrigement, then nobody can use the code without going back to the copyright holder and negotiating a new distribution license. The GPL gives you the right to use code, it does not give you any form of ownership on it.

      The only work you own, is the work you do yourself.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    11. Re:It's not though by Darren+Winsper · · Score: 1

      There is no code whatsoever in Linux that comes from RISC OS. Things like ROX are inspired by RISC OS, but last time I checked, a similar look and feel is not copyright violation. The disk formats have nothing to do with copyright violation. Yes, Linux can read ADFS formatted disks, but that's just conforming to a specification.

      Let's look at RISC OS 5. RISC OS 5 contains GPL code (apparently, but there's a lot of evidence to suggest so) and is being distributed, but sans source. Thus, it follows that Castle are in violation of the GPL and have two options:
      1) Stop distibuting the RISC OS 5 immediately. They can only legally distribute RISC OS 5 once the GPL code has been removed, at which point they will either need a complete replacement for the GPL code, or RISC OS 5 won't work on their hardware
      2) GPL RISC OS 5.

      There are no other options.

      And as for the anti-aliasing system in RISC OS, it was good in its day, but it's really not particually special any more.

    12. Re:It's not though by Anonymous Coward · · Score: 0

      As to look and feel YES, it is actionable (there was a court case between Microsoft and Apple, it was settled out of court as far as I can recall).

      In implementing ADFS if ANY disassembly and reverse engineering of code was done this would amount to a violation of the DCMA. Similarly in the implementation of ArmLinux on RISC OS platforms if ANY reverse engineering was proven they too would be subject to the same legal strictures.

      The antialiasing system in RISC OS is far superior to that on Linux (which at best is second rate). I certainly have had problems with Rh7.1 which leaves some of the stuff pretty unreadable at small font sizes (at which RISC OS would work well in comparison).

      If there is ANY GPL code in RISC OS 5 (and this is not proven) it MUST be removed - I really DON'T like the idea of having ANY Linux code in RISC OS - no matter HOW small.

      It is interesting to note that some Linux users have suggested that they will "not support Castle products" .... fine so that means RISC OS (sans GPL code) will not have ANY competition from Linux then - that suits me just fine.

      By the way Darren will you and the Linux Stormtroopers be as vigilate about Microdigitals Omega with respect to it's PCI code ????

    13. Re:It's not though by Anonymous Coward · · Score: 0

      No apparently I am wrong (sorry). Apple and MS did have a court case which MS won (!). But note that MS did have to get a license FIRST to use certain concepts in Mac OS.

      If people can simply COPY concepts not present in their current OS GUI is an issue still - and it is one of those cases where the only group to benefit from all of this is MS surely....

    14. Re:It's not though by Darren+Winsper · · Score: 1

      "As to look and feel YES, it is actionable (there was a court case between Microsoft and Apple, it was settled out of court as far as I can recall)."
      IIRC Apple pretty much buckled. After all, why have Apple not shut down the Aqua themes that don't use Apple's trademarks or copyrighted code/images?

      "In implementing ADFS if ANY disassembly and reverse engineering of code was done this would amount to a violation of the DCMA. Similarly in the implementation of ArmLinux on RISC OS platforms if ANY reverse engineering was proven they too would be subject to the same legal strictures."
      I don't give a shit about the DMCA, since I'm not in the US, and I'm fairly certain the initial ADFS support was done by a British man in the UK.

      "The antialiasing system in RISC OS is far superior to that on Linux (which at best is second rate). I certainly have had problems with Rh7.1 which leaves some of the stuff pretty unreadable at small font sizes (at which RISC OS would work well in comparison)."
      Hmm...
      http://homepages.nildram.co .uk/~dwinsper/eclipse.p ng
      http://homepages.nildram.co.uk/~dwinsper/eclip se-d ebug.png
      http://homepages.nildram.co.uk/~dwinsper /spam.png

      Seems quite nice to me. If you want specific shots of specific sizes, let me know.

      "If there is ANY GPL code in RISC OS 5 (and this is not proven) it MUST be removed - I really DON'T like the idea of having ANY Linux code in RISC OS - no matter HOW small."
      Why, don't like the idea of superior code being used? How's RISC OS's IDE performance these days?

      "It is interesting to note that some Linux users have suggested that they will "not support Castle products" .... fine so that means RISC OS (sans GPL code) will not have ANY competition from Linux then - that suits me just fine."
      Eh? RISC OS provides no competition to Linux at all, especially with RISC OS ltd. still losing money. By not supporting Castle, I can sympathise. After all, I still know people who use RISC OS machines (Like my father), and I know who I'll tell him not to buy from.

      "By the way Darren will you and the Linux Stormtroopers be as vigilate about Microdigitals Omega with respect to it's PCI code ????"

      I can only speak for myself. I don't have access to any modern RISC OS hardware, so I'll not be performing checks. However, I'm sure some people will be. Especially after Castle have pissed off the ARMLinux folks by basically trying to cover their tracks after being found out. Why haven't they denied their use of GPL code?

    15. Re:It's not though by WNight · · Score: 1

      Assuming they did nick GPLed code, and released a product using it, there are two possible outcomes. (Assuming no court weirdness.)

      1) They don't accept the GPL, so they violated standard copyright laws. They could be sued for up to some large ammount of money, plus all the proceeds off the sales of their product, plus potentially, some punative damages.

      2) They realize that the easiest way out of this is to accept the GPL, which means they GPL the latest version of their OS. Then they probably go back to the non-GPLed version and start again. Which would mean than v1-4 are theirs, v5 is GPLed, and v6+ (the new stream based on 4.x) are theirs.

      They have to accept the GPL for their work to be GPLd. If they don't, it's a standard copyright battle. However, if it's clear they knew about the GPL and ignored it, a judge might rule that they did implicitly accept and then violate the contract. It's unlikely, but it could happen.

      Realistically though, they'll make sorry, cough up a little code, and promise not to do it again.

    16. Re:It's not though by Enahs · · Score: 1

      In implementing ADFS if ANY disassembly and reverse engineering of code was done this would amount to a violation of the DCMA.

      *cough* ex post facto *cough*

      --
      Stating on Slashdot that I like cheese since 1997.
  79. Er....maybe.... by deanj · · Score: 2, Funny
    ....maybe they thought it was just an new MP3 file, and shared it with everyone...nothing wrong with that is there?

    Double standards...gotta love it.

    1. Re:Er....maybe.... by deanj · · Score: 1
      Seriously tho....I'm against any sort of violation of an agreement like this. These guys should burn. Kudos for figuring out that they did this in the first place. Anyone know how they figured this out?

      Scary thing is, I'm SURE this isn't the first place that's done this sort of thing.

    2. Re:Er....maybe.... by autopr0n · · Score: 1

      maybe they thought it was just an new MP3 file, and shared it with everyone...nothing wrong with that is there?

      Exactly. That's why we all hate Redhat, slackware, Mandrakesoft, Caldera, etc.

      --
      autopr0n is like, down and stuff.
  80. Re:Kernel Code by Anonymous Coward · · Score: 0

    Speaking of which, I've been spending the last 40 hours debugging LAM-MPI with threads, and it has been quite the bitch.

    Allow me to rephrase on your behalf:

    Imagine a beowulf cluster of beowulf clusters that don't segfault!

  81. Actually the point he was making by unicorn · · Score: 1

    Was the inherent bias of the average slashdot audience.

    In general the audience here believes that copyrights are evil, and horrible. And that it's absolutely unconscionable for anyone to restrict what happens to their creations, once they are released to the public.

    Unless those creations are GPL. In that case the license should be completely inviolate, and absolute.

    You can't have your cake, and eat it too guys. The same laws that state that the GPL is valid, and that you can control what is done with your source code, are the same laws that allow a commercial concern to limit what you can do with their creation.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
    1. Re:Actually the point he was making by Anonymous Coward · · Score: 0
      And that it's absolutely unconscionable for anyone to restrict what happens to their creations, once they are released to the public.

      And it's fairly reprehensible to enable anyone else to do so either.

      Copyright is an evil of only dubious necessity. It's true that only copyright makes the GPL enforceable, but without copyright reverse engineering, derived works, and redistribution would be legal, so we wouldn't really need the GPL.

  82. Why didn't they use BSD code? by Newtonian_p · · Score: 2, Interesting
    Seriously, why risk getting sued by using Linux code? I believe their hardware is based on the ARM architecture which is supported by netBSD.

    They could have adapted code from netBSD's PCI and IO subsystem and integrated it in their binary only roms in total legality.

    --

    There are 2 kinds of people in this world: Those who write in decimal and those who don't

    1. Re:Why didn't they use BSD code? by Anonymous Coward · · Score: 0

      " Seriously, why risk getting sued by using Linux code? I believe their hardware is based on the ARM architecture which is supported by netBSD.

      They could have adapted code from netBSD's PCI and IO subsystem and integrated it in their binary only roms in total legality. "

      --

      The dumbness of big business never ceases to amaze me. Then again, neither does bubblewrap.

  83. No... read... by mindstrm · · Score: 4, Informative

    No.. the GPL ONLY gets it's strength from copyright law. IF copyright law allows it, the GPL can be IGNORED.

    The GPL is the set of terms under which you can do things OTHER than what you are allowed to do under standard copyright.

    It is not a use license, you don't agree to it in order to use said software; it is a license that grants you extra rights beyond what copyright does should you CHOOSE to use it (abide by it's terms).

    1. Re:No... read... by Jeremiah+Blatz · · Score: 1

      Ah, I'm an idiot, then. Thanks for the clarification. Oh, and if you happen to read this and have points, mod up the parent. :-)

  84. Best thing to do... by Anonymous Coward · · Score: 0

    Write to all their User Groups, and let them know about this theft. If we can get the users to know that they are being part of a crime, it would open a few more eyes and RiscOS dump would suffer.

  85. What is the oldest piece of code in the kernel? by siskbc · · Score: 1
    Brings up a good point...how does continually evolving software get treated? I imagine that each new version is considered to be "fresh" when it is released, but does that mean you can keep re-releasing it to re-up it? Will people get to pick and choose and try to figure out what bits were written when?

    Of course, if anyone is still using the current kernel in 200 years, that's sad. But then that kind of thinking led to the Y2K industry.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:What is the oldest piece of code in the kernel? by thrillseeker · · Score: 2, Insightful
      Of course, if anyone is still using the current kernel in 200 years, that's sad.

      Oh, I dunno - some of us really like those sort of uptime numbers ...

    2. Re:What is the oldest piece of code in the kernel? by barnaby · · Score: 1

      Actually I kind of like the idea that useful code may still be in use 200 years from now. I mean we still use law, mathematics and science from 200 year ago don't we?

      --
      Barnaby
    3. Re:What is the oldest piece of code in the kernel? by Black+Copter+Control · · Score: 2, Informative

      The original code (or work) would still be copyright it's original copyright date. The later code would be copyright it's new release date. If you can disambiguate the two (for example, by finding a copy of the original), you get the advantages of the original copyright date.

      --
      OS Software is like love: The best way to make it grow is to give it away.
    4. Re:What is the oldest piece of code in the kernel? by Anonymous Coward · · Score: 0

      Easy enough: old versions end up in the public domain (or rather loses copyright protection, if source wasn't available in the first place it won't necessarily become available then).

      For example N years after its publication will the Emacs v1.0 code fall into the public domain. N+x years later Emacs v2.0 will be, and so on. Same thing for gcc, linux, Windows, etc.

      At that point you can use that code and incorporate it in a non-GPL'ed application. Now whether a N years old version is worth using depends on the rate of progress done since then.
      I have a hard time using emacs 20, so I doubt I'd want to stick to public-domain code.

    5. Re:What is the oldest piece of code in the kernel? by mindstrm · · Score: 1

      You are responsible for your actions. If you release version X, and version X contains copyright violations, it won't matter that you fixed it later. You are still liable for the violation.

    6. Re:What is the oldest piece of code in the kernel? by fucksl4shd0t · · Score: 1

      I mean we still use law, mathematics and science from 200 year ago don't we?

      Nah, our dictate, er, President has been repealing everything left and right. 200 years ago is still too new for him, he wants us to only worry about laws laid down 2000 years ago.

      --
      Like what I said? You might like my music
    7. Re:What is the oldest piece of code in the kernel? by Anonymous Coward · · Score: 0

      So how did you manage to get enough karma to obtain +1 bonus status when you spew forth dumbass comments like that?

  86. Your own argument against you by unicorn · · Score: 1

    When large numbers of people are commiting heinous crimes against media companies (Napster, Kazaa, MP'3 swapping in general, Software Piracy, etc) then those people are no longer worthy of wide open "fair use" rights. They have proven that they are children who are incapable of accepting responsibility for their actions, and are incapable of following the generous rules that were previously deeped sufficient, so sterner measures are in order.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
  87. "Somewhat unique..." by Anonymous Coward · · Score: 0

    Yeah lots of things are like that. Like this cousin I have... she's a little bit pregnant. And this post is kind of in plain text. And the "flamebait" moderation has sorta been applied to me, but only just a little bit...

  88. Your argument SUCKS by unicorn · · Score: 2, Informative

    The law doesn't say anywhere that you're allowed to acquire copyrighted material without paying for it, as long as it's not for commercial purposes.

    The law says that it's a violation of copyright law to participate (as sender or recipient) in copying the property of another entity.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
    1. Re:Your argument SUCKS by jedidiah · · Score: 1

      Lying sack of shit.

      The US code clearly states that infringment must be of a value of $1000 to be criminal infringement.

      Previously (1980's and prior) there was no such limit and no amount of non-commercial infringement was considered criminal.

      Traditionally, individual non-profit copyright infringement was purely a civil offense.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Your argument SUCKS by yppiz · · Score: 1

      Actually, the law has plenty to say about legally aquiring copyrighted material without paying for it. It's called "fair use."

      --Pat

    3. Re:Your argument SUCKS by Samrobb · · Score: 1
      The law doesn't say anywhere that you're allowed to acquire copyrighted material without paying for it, as long as it's not for commercial purposes.

      Really? Which law? Which country? Some countries do not honor *any* international copyright laws; some make exceptions to allow for fair use that includes file trading. Even the countries with the most stringent copyright laws allow for fair use (like my quote of your first point here, used for rebuttal purposes.)

      The law says that it's a violation of copyright law to participate (as sender or recipient) in copying the property of another entity.

      Better start rounding up the book and newspaper publishers, most of the RIAA and MPAA, the staff of CD pressing facilities, and whatever telecomunication execs haven't already been thrown in jail for other reasons. The gall of those people, participating in the copying of the property of another entity!

      Unless, of course, you just forgot to add that very important caveat, "without their permission". Once you mention that, though, you really have to acknowledge that even in countries with the most stringent copyright laws, those same laws almost always specifically grant the permission to copy "the property of another entity" under certain circumstances. Backups, archival copies, teaching materials, reviews...

      So, basically, there isn't anything about your post that can be considered true or accurate. (Well, maybe the timestamp. Having looked at slashcode, though, even that's being generous.)

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
    4. Re:Your argument SUCKS by GauteL · · Score: 1

      " The law doesn't say anywhere that you're allowed to acquire copyrighted material without paying for it, as long as it's not for commercial purposes."

      Actually yes. There are plenty of countries around where this is legal. My country, Norway, is one of them and the new proposed EU legislation also permits downloading copyrighted material for personal usage.

      There are very few countries where copyright infringement like taking other peoples code and passing it off as their own is legal.

  89. EULA vs GPL by Moridineas · · Score: 2, Insightful

    I just thought of something reading this article. Most people (including myself) seem to have a lot of problems with EULAs. Primarily because they limit what you can do with your software/hardware whatever.

    But isn't the GPL more or less the same thing? It's trying to control what you do with something after it is in your possession?

    Not trying to troll, trying to come up with the distinction.

    1. Re:EULA vs GPL by orthogonal · · Score: 4, Insightful

      But isn't the GPL more or less the same thing [as an End User License Agreement]? It's trying to control what you do with something after it is in your possession?

      I don't think so. After all, companies with EULAs impose whatever conditions they impose, and the conditiuon that you can't modify (or generally even see) their code.

      All the GPL says you can't do is to use the code in your own work without also making your own work available under the GPL. Sure, it's a restriction, but it's a restriction on coders who would use GPL'd code.

      A EULA is a restriction on all users, not just coders who want to create derivative works.

      The GPL does not restrict my use of the software it licenses -- I can use it as I see fit--, nor does it restrict me to a relationship with the author for the term of use (e.g., giving the author the right, as in the latest Microsoft EULAs, to modify software on my system without even so much as prior notification).

    2. Re:EULA vs GPL by ctid · · Score: 4, Insightful

      The SW isn't "in your possession" in a typical commercial EULA. What you get is a "licence" to use the software, under certain conditions. You don't own the SW after you buy it.

      In a sense, the GPL is the same, as you don't "own" the SW either (the copyright remains with the author(s)); the difference is what you're allowed to do with it. A commercial EULA usually adds a lot of restrictions to standard copyright arrangements. The GPL takes away restrictions; the simplest thing it does is to allow you to copy the SW without restriction. It also guarantees you access to the sourcecode if you've only got the binary. In exchange for these extra rights, you agree to some duties, namely to distribute the source code to whoever you distribute the binary to.

      --
      Reality is defined by the maddest person in the room
    3. Re:EULA vs GPL by be-fan · · Score: 1

      Well, there is a big difference. An EULA is based on the very fuzzy legal concept that buy buying something, you de facto agree to any conditions I set forth. The GPL is firmly based in copyright law -- you have a license to copy this source code or use it in your projects, as long as you adhere to the stipulations of the GPL.

      --
      A deep unwavering belief is a sure sign you're missing something...
    4. Re:EULA vs GPL by Anonymous Coward · · Score: 0

      Primarily because they limit what you can do with your software/hardware whatever.

      That's exactly the point. The GPL does NOT limit your use of the software. The first Freedom of free software is that you can use the software for any purpose.

      The GPL will never insult you by saying something like "IF YOU DON'T ACCEPT THESE TERMS, RETURN THIS SOFTWARE, DESTROY IT, BURN IT" .. etc ..

      The GPL only kicks in when you redistribute copies, and in fact only when you redistribute *modified* copies.

      Since most people don't distribute copies, let alone modified copies, most folks can just completely ignore the GPL.

      Can't do that with pretty much any other commercial license.

      The BSD license is similar but gives you more latitude when distributing modified copies. Lots of folks like to make a big deal out of this difference but the GPL and BSD (and others) are all free software license and will NOT take away your right to use the software.

    5. Re:EULA vs GPL by Minna+Kirai · · Score: 1
      That's a common myth. EULA users (like Microsoft) would like to see it encouraged, because it would lend some validity to EULAs, which aren't legal by the laws of most areas. (Those laws are in the process of being eroded)

      The distinctions in a nutshell:

      • GPL gives you rights you didn't have. (Permission to pass out copies).
        GPL publishers don't claim you need to agree to the license before installing the program.
      • EULA takes away rights you had. (Resale of the product, backup copies, reverse engineering, publication of critical reviews...).
        EULA publishers claim that you're not allowed to install the program without agreeing to the license.
      Some factors that make the difference more confusing:
      • EULAs also forbid things you never had the right to do: pass out copies. That was against copyright law anyway.
      • Recently, some authors of GPL software have dumped the GPL onscreen during installation, making it look like an EULA which must be "accepted". This primarily happens on Microsoft Windows(tm), where users have been trained to click through a license on the way to running a program. (I think this happens because the example code for writing an installer includes a place to paste in the EULA).
    6. Re:EULA vs GPL by alexo · · Score: 2, Insightful

      The SW isn't "in your possession" in a typical commercial EULA. What you get is a "licence" to use the software, under certain conditions. You don't own the SW after you buy it.
      In a sense, the GPL is the same, as you don't "own" the SW either (the copyright remains with the author(s)); the difference is what you're allowed to do with it.


      Incorrect.

      Under a EULA, you own neither the SW (that you paid for) nor the copyright.

      Under the GPL, you do own the SW. You can re-sell it, give it away, install it on all of your computers, use it while disclosing benchmark test results of the .NET Framework to third parties without Microsoft's prior written approval, etc. After all - it's yours.

      What you cannot do is violate copyright law. You cannot distribute the SW without the copyright holder's permission. Same as you cannot scan, OCR, reprint and resell copies of John Grisham's latest novel. There are some other restrictions under copyright law but you got the idea.

      What the GPL brings to the table is a way to copyright holder to automatically grant permissions or waivers, provided that you abide by certain rules.

      In a way, the GPL says: if you provide the source code (etc, etc) then you have permission to do some things that copyright laws usually restrict you from doing. If you don't - well, enjoy using the SW however you see fit, as long as you don't violate any laws, including copyright law.

      EULA says: yours is mine and I'll dictate how you use it.
      GPL says: your is yours, do whatever is legal with it and, if you play nice, I'll even waive some of my legal rights and permit you to do what the law usually forbids.

      Not even remotely similar.

    7. Re:EULA vs GPL by Xtifr · · Score: 1

      But isn't the GPL more or less the same thing? [as an EULA]

      No. This should be (and probably is, somewhere) a FAQ.

      A typical EULA tries to remove rights that you would normally have as the purchaser of a copyrighted work. (For example, the right to reverse-engineer, or resell your copy of the work). Since these restrictions are above and beyond the legal default, the company offering the software must try to force you to accept these restrictions, by, e.g. clicking on an "Accept" button.

      The GPL, on the other hand, simply grants you rights you would not have otherwise. You do not have to accept the GPL (and no attempt is made to force you to do so), but if you don't accept it, you simply fail to gain the privileges it grants, and are bound by standard copyright law.

      It's trying to control what you do with something after it is in your possession?

      No, that's copyright law that does that. The GPL is simply a limited grant of exception from the normal restrictions of copyright law. You can't use someone else's GPL'd code in your proprietary app because of copyright law. You can use someone else's GPL'd code in your GPL'd app because the GPL specifically grants you that right as an exception to the normal restrictions of copyright law.

    8. Re:EULA vs GPL by Anonymous Coward · · Score: 0

      But for GPL packages like libreadline, the "end users" are coders
      making derivative works.

      The GPL is a EULA.

    9. Re:EULA vs GPL by Anonymous Coward · · Score: 0

      That is emphatically not what the GPL states. You are either lying or incompetent. You can use GPL software all day with all of your proprietary software. You can even distribute it to other people to use in the same way! The only course of action which anyone cares about in regards to the GPL is releasing your proprietary modifications without giving the supposed source code. God help you if you're trying to distribute a compiler under GPL. Oh, but that would infringe on gcc's holy crusade, wouldn't it. Ahem. WHAT A FUCKING SCAM. WAKE UP!

    10. Re:EULA vs GPL by Xtifr · · Score: 2, Insightful

      All the GPL says you can't do is to use the code in your own work without also making your own work available under the GPL.

      Not exactly. It's more correct to say that the GPL fails to grant that privilege. Which is not a privilege you would have by default under normal copyright law.

      The GPL doesn't forbid anything. All of the forbidding comes from copyright law. The GPL simply grants you permission to do some things you couldn't do otherwise. Using the code in your own GPL'd app is one; using the code in your own proprietary app is not.

    11. Re:EULA vs GPL by odin53 · · Score: 1

      Despite what the other posters are saying, you're absolutely right -- the GPL and your typical EULA are fundamentally exactly the same thing. That's the beauty of the GPL, really. It relies on the same exact legal mechanism as typical EULAs to work.

      That said, there are certainly distinctions. The obvious distinction is in the terms of the agreements -- it's just that the GPL's terms we like better than a typical EULA's. One could argue that the spirit of the GPL is really fundamentally different than a typical EULA, but so what? I think when you say "most people seem to have a lot of problems with EULAs" you really mean that most people have a lot of problems with the terms of many companies' EULAs. Fair enough -- you encounter that kind of problem every day of your entire life in other situations.

      Another important difference is the point in time at which the license is agreed to. WRT EULAs, like the GPL itself says in section 5, "You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. " I don't think a typical EULA uses this language, but rest assured that this is one of those points that is obvious, if you know copyright rules and you think about it. With typical EULAs, you're bound when you buy the software and open the plastic wrapper. That's a choice that the copyright owner makes, and it's an obvious choice -- it's the earliest point at which a licensor can reasonably argue that the licensee is bound. With GPL'ed software, the moment of being bound that was chosen is, of course, when a developer modifies or tries to distribute the software. Same thing, different point in time.

    12. Re:EULA vs GPL by erturs · · Score: 1

      An EULA is an End USER License Agreement -- it covers *use* of the software. The GPL, however, is a license to *distribute* the software under certain conditions. It explicitly disclaims any control over your own personal use of the software itself -- it only comes into play when you try to distribute the software (or derivatives thereof). As others have pointed out, an EULA is an attempt to add additional restrictions to those imposed by copyright law, but the GPL actually removes some of those restrictions. For example, normal copyright law would forbid you from redistributing GPL'd work at all.

    13. Re:EULA vs GPL by KagatoLNX · · Score: 1

      I mean the following very seriously.

      <preamble>
      RMS makes a lot of people unhappy. They often don't understand him. He's very clever and if the original gcc/binutils and EMACS aren't enough to show his genius (or at least raw cleverness) the GPL should manage.
      </preamble>

      The GPL is nothing more or less than a legal nuke. Seriously, it's all about mutually assured destruction.

      EULAs are weapons in big corporations war with each other. They help keep that pesky revenue stream coming (users). They are a method of "control"--a legal leash. They don't have to force you to accept it--they make "good-enough" software, convince you the EULA is harmless, apply peer pressure (everybody does it!), and then let your other needs push you over the precipice.

      RMS turned the tables. His EULA (the GPL) is targetted at *their* abuses, not our "abuses". Or rather, it's targeted as an unfair legal tool to maximize *our* gain, not theirs. It is very much a perfectly matched imperfect solution to their imperfect problem. Perfectly matched because if they legally undermine it (like they have everything else), they undermine their own EULAs--Mutually Assured Destruction. Kill us and you kill yourself. It's really a legal Mexican Standoff (lo siento para Mexicanos, no quiero insultarse). Brilliant!

      This could be the real test. If they are forced to comply with the license, their whole product would likely become GPL'd (according to its terms). It has nothing to do with Copyright and everything to do with Breach of Contract (OBIANAL).

      Compliance would be a b*tch. I suspect some shareholders would sue for the loss of their stock value (their product would really become MORE valuable, but the company would likely tank).

      To get back to the analogy, it's the Cold War with the Communists having real solidarity, dedication, and the upper hand with respect to resources (the Open Source community really has unmatched manpower). Socialism succumbed to Democracy for economic reasons. Communism ate the financial infrastructure of the county--partially from the forces of Capitalism. Socialism was not necessarily flawed (nor is it 100% incompatible with Democracy). This time, the Socialists are putting the financial crunch on the Imperialist Pigs (these guys are actually really Imperialist; I liken their economics to Mercantilism) and they just fell into the trap.

      NOTE: IANAC. I Am Not A Communist; despite what Larry Niven says (if you want to know, ask).

      --
      I think Mauve has the most RAM. --PHB (Dilbert Comic)
    14. Re:EULA vs GPL by debest · · Score: 2, Interesting

      Yes, they are roughly the same thing. They are licences that modify the standard "All rights reserved" clause that defaults to a copyrighted work. This means that without a licence, you really can't do much more than look at the CD that your software came on.

      The difference lies in what the two types of licences say.

      The EULAs that we know and love (from MS, Adobe, etc.) grant us the right use the copy we have in very limited ways (one machine/one user, no redistribution permitted, no modification permitted, no source code provided, no liability, etc.)

      The GPL shares the "no liability" part, but it expressly *permits* using the software any way you want, copying it as often as you want, selling as many copies as you want. All it asks is (1)that copies (and derivatives) are themselves GPL'd, and (2)that if you distribute a copy (or a derivative) of GPL'd software, that you provide the source code (if asked) to the recipient. These were added specifically to ensure that GPL'd code cannot be co-opted by proprietary interests.

      By the way, the BSD licence is also worth mentioning. It's as close to "public domain" as you can get: BSD'd code can be used any way you want, as long as you don't hold the authors liable and you give them credit. It is "free-er" code than the FSF's "Free" (GPL'd) code in the sense that there are fewer restrictions on its use. In practice, however, without the GPL's protections, eventually BSD code gets "embraced and extended" by MS et al, rendering the orginal BSD version incompatible with its proprietary derivatives.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    15. Re:EULA vs GPL by ctid · · Score: 1

      I think you're incorrect here, but I believe it's because you're being imprecise. I think that you own the copy that you get (which isn't true of a typical EULA), but I don't think you can sensibly talk about "owning" the code, without the concept of copyright. Otherwise everyone who has ever downloaded/bought Free Software would "own" that SW, which doesn't make much sense for any reasonable definition of "own".

      --
      Reality is defined by the maddest person in the room
    16. Re:EULA vs GPL by alexo · · Score: 1

      Indeed.
      When you buy a car - you own it, not the blueprints for the model.
      When you buy a book - you own it, not the rights to the text.
      When you buy a SW package - you may or may not own it, but not the rights to the actual code (unless specified).

    17. Re:EULA vs GPL by pete-classic · · Score: 1

      Absolutely not. The GPL is terms for (re-)distribtuion.

      One needn't agree to the terms to use the software in any way. Therefore, by definition, it is not an End User License Agreement.

      -Peter

  90. Re:contact them,... by Anonymous Coward · · Score: 0

    castle.uk.co. 86400 IN MX 20 b.mx.netlink.co.uk. castle.uk.co. 86400 IN MX 10 a.mx.netlink.co.uk. ;; ->>HEADER- opcode: QUERY, status: SERVFAIL ;; QUESTION SECTION: ;castle.co.uk. IN MX

  91. Re:They have nerve by Elwood+P+Dowd · · Score: 1

    As if Linux were a paperclip-and-rubberband based operating system...

    --

    There are no trails. There are no trees out here.
  92. I bet this nice penguine has fangs nobody should by Anonymous Coward · · Score: 0

    mess with, not even the evil empire.

    LET'S R U M B L E!

  93. Hypocrits. by ProtonMotiveForce · · Score: 0, Troll

    Let's see:

    Microsoft has a EULA indicating what you can and can't do (e.g. resell). This is bad. Bad Microsoft. We hates's Microsoft, they tricksies.

    GLP has a EULA (you have to do this or that to use this code). Good GPL. They'ss our friendss. Nice GPL.

    Good lord. Make up your mind, people.

    1. Re:Hypocrits. by Anonymous Coward · · Score: 0

      The "GLP" does not have a EULA. You don't have to agree to anything in order to use covered code.

      Read it sometime.

    2. Re:Hypocrits. by John+Hasler · · Score: 1

      The GPL places no restrictions whatever on use. In fact, as long as you don't redistribute you need not accept the GPL. The GPL allows all rights that come with legal possession of a copyrighted work and then grants _additional_ rights. This is the exact opposite of what Microsoft's EULA does.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:Hypocrits. by Anonymous Coward · · Score: 0

      AC time...

      Read.
      The.
      GPl.

    4. Re:Hypocrits. by Anonymous Coward · · Score: 0

      apples and oranges, u fuckin moron!

    5. Re:Hypocrits. by Anonymous Coward · · Score: 0

      BUt you don't have to agree with the gpl to use gpled software, you just can't do any of the extra things it entitles you to. (which you can't do with M$ stuff anyway)

    6. Re:Hypocrits. by Doppleganger · · Score: 1

      I know, don't feed the trolls, but..

      Microsoft's EULA adds restrictions onto the restrictions already created by copyright.

      GPL removes or lessens the restrictions created by copyright.

      Big difference, and no conflict.

    7. Re:Hypocrits. by Anonymous Coward · · Score: 0

      It's what's in the EULA that counts, dickbreath.

    8. Re:Hypocrits. by Anonymous Coward · · Score: 0

      The GPL is not a EULA.

    9. Re:Hypocrits. by Zak3056 · · Score: 1

      Let's see:

      Microsoft has a EULA indicating what you can and can't do (e.g. resell). This is bad. Bad Microsoft. We hates's Microsoft, they tricksies.

      GLP has a EULA (you have to do this or that to use this code). Good GPL. They'ss our friendss. Nice GPL.

      Good lord. Make up your mind, people.


      What you're missing here is that Microsoft's EULA RESTRICTS your use of their product further than standard copyright law, while the GPL actually GRANTS you rights additional to those guaranteed by law.

      Think about it.

      --
      What part of "shall not be infringed" is so hard to understand?
    10. Re:Hypocrits. by Anonymous Coward · · Score: 0

      EULA's take rights away, and are imposed *after* you have handed over the money. GPL grants rights, and is clearly stated up-front.

      I'd say those are *major* differences.

    11. Re:Hypocrits. by Anonymous Coward · · Score: 0
      You're an ignorant buffoon.

      The GPL is not an 'end user licence agreement'. It is not concerned with what the user can or can not do with a piece of software. You do not have to click on 'Yes' to agree to the GPL before you use GNU Emacs or GNOME.

      Instead, it is a document which (if you agree to it) extends your usual rights under copyright law (rather than restricting them) in that you may share the software with others, as long as you follow also share the source code to that software.

    12. Re:Hypocrits. by joshki · · Score: 1

      umm.... NO. Microsoft's EULA specifically removes the rights you as a consumer are guaranteed(fair use, etc). The GPL grants you extra rights -- such as allowing you to copy and distribute derivative works, if you follow a set of conditions. This is not a EULA, and it does not infringe your rights. So, no -- there is no connection between the two. Read the GPL before you attempt to comment on it -- it's really pretty easy to read and understand.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    13. Re:Hypocrits. by GauteL · · Score: 1

      EULAs takes away rights, the GPL grants rights. See the difference?

    14. Re:Hypocrits. by Anonymous Coward · · Score: 0

      Your password has no effect on the truth of the words you write. Bigot.

  94. Not so difficult by reality-bytes · · Score: 1

    This isn't a multi-national were talking about here. Things are a little different here in the UK.

    I'll quite gladly take the 'lads' round their 'yard' for a word in their ear and It'll all be sorted in no time >;)

    But seriously, I think this is quite a small company who may have rights to the old BBC>Acorn RiscOS PCs. A good thing on its own. But now that they have decided to rip-off OSS code, I feel quite dissapointed. Especially as I like to think of my fellow countrymen being decent.

    Come on, how much pain is there in providing the effing source??

    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:Not so difficult by GC · · Score: 1

      Absolutely... these are the people who gave me the archimedes, and who allowed me to render Mandelbrot sets at what seemed to be the speed of light back in 1986, something that the PC couldn't handle until much later.

      Hamiltonian Quaternion Space Hypermandelbrots... oh lovely!

    2. Re:Not so difficult by Ed+Avis · · Score: 1

      The first thought that went through my head when reading this story was 'oh good, they'll probably have to release RISC OS under the GPL, I could really use a legal copy to work with Arcem'. But I soon remembered that copyright in RISC OS is actually held by Pace (makers of DTV set-top boxes) and Castle just do some of the development.

      Given that Acorn (and now I think their successors Pace) refused/still refuse to release even the original 1981 OS ROM for the BBC Micro for use in emulators, it seems a bit unreasonable for them to go copying other people's code in this way.

      RISC OS was a nice system, especially the graphical interface and anti-aliased outline fonts (which still look better than anything on Linux or Windows, except maybe Acroread). If it were free I might even go back to using it occasionally. Ho hum...

      --
      -- Ed Avis ed@membled.com
    3. Re:Not so difficult by Anonymous Coward · · Score: 0

      Yah. What are you going to do, point your armpits at them? Filthy eurotrash.

    4. Re:Not so difficult by Darren+Winsper · · Score: 1

      No they're not. Acorn created the Archimedes, and Acorn aren't around in any recognisable form any more.

  95. Give them some slack by Anonymous Coward · · Score: 0

    This is a tiny company producing a niche computer for a minor audience. Yes they've messed up, yes they shouldn't have done it. But the disgraceful wolfish behaviour of the Linux community (as exhibited on slashdot) makes me ashamed to have ever promoted or used linux.

    Shame on you!

    Instead of pointing out that you've caught them and then offering help in the struggle against the dark side you kick them in the balls and slam them into the wall.

    I am so glad to have found OSX on Apple. At least I don't have to suffer the embarassment of having only Linux to promote as an alternative OS.

    As far as I'm concerned this spells the final death of the old helpful, caring, concened Linux community.

    1. Re:Give them some slack by Anonymous Coward · · Score: 0

      Their desire to control their customers (the only "benefit" to refusing to release source) and their attempt to conceal the evidence prove they have enthusiastically embraced the dark side. To knowingly and willfully participate in a Tragedy of the Commons takes just about the lowest kind of scum, and putting a stop to it is the only chance this failing industry has.

    2. Re:Give them some slack by crok · · Score: 1

      They cannot release the source because they do not own it.

  96. Legal stipulations in Legal Lands by reality-bytes · · Score: 1

    Its worth remembering here again that as you make legal comment, that it is largely dependant on which country a case is tried in as to what will stand.

    There is so such thing as a legal proceeding outside the U.S.A. you know :)

    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:Legal stipulations in Legal Lands by fucksl4shd0t · · Score: 1

      There is so such thing as a legal proceeding outside the U.S.A. you know :)

      We're taught in school to call those "wars" when we win, and "police actions" when we don't win. We never lose.

      --
      Like what I said? You might like my music
  97. Re:They have nerve by Paul+Vigay · · Score: 5, Informative

    Actually, speaking as the webmaster of www.riscos.org, that quote is mine, and I have no link to Castle Technology at all. If you're going to call someone names, at least check your facts to see who you're accusing.
    www.riscos.org is completely independent and in no way affiliated to ANY RISC OS hardware manufacturers.

  98. Copyrights by Moderation+abuser · · Score: 1

    Verbatim code, you're a thief.

    If you see some code, think "so *that's* how it's done" and write similar code using the same algorithm, then it's yours. Unless it's patented of course.

    --
    Government of the people, by corporate executives, for corporate profits.
    1. Re:Copyrights by GC · · Score: 1

      If you see some code, think "so *that's* how it's done" and write similar code using the same algorithm, then it's yours. Unless it's patented of course.

      Unless it's patented and they catch you.

    2. Re:Copyrights by Anonymous Coward · · Score: 0

      But what's a bitch is when you think up how to do it, write your code and later some asshole lawyer reminds you that some asshole corporation patented your algorithm, so you can not use the code you wrote. If I think up some code I've never read or seen anywhere else before I deserve the right to make use of it, period.

      Patents suck, but that's a different topic.

      Here's how I see it. You should only be able to patent products, physical products, like a box with CDs in it. Not processes or ideas. These are not tangible and cost nothing to reproduce, thus having no cost or financial impact on a capitalist society. But the current use of the patent system and to a lesser extent copyright is like turning our blood into molasses, slowing down communication and draining our pool of usable knowledge in the process.

      We are slowly strangling ourselves.

  99. not to be cynical, but... by carpe_noctem · · Score: 0, Offtopic

    So I was dating this girl in a sorority for awhile. And things were going OK, but then we broke up. Now, there are a LOT of hot girls in this sorority, and once we broke up, I was pretty much barred from dating any of them. Oh, well. Now just gotta look in other places for booty. ;]

    The thing that's disturbing is that after we broke up, it's kind of this sorority rule that they'll go out of their way to be mean to you, because you hurt one of their poor sisters. So now, not only am I barred from dating anyone else in that sorority, but odds are that if I try to talk to them, they'll just be total jerks to me for no reason and be just generally mean to me because of my ex-girlfriend.

    Now, instead of dealing with problems like this on our own, a whole sorority of unthinking and unquestioning people can somehow get involved in a situation like this and leap down my throat for no good reason, and WITHOUT ever having heard my side of the story. Sound a bit familiar?

    Seems like /. is kind of becoming an online version of this. "Oh no Microsoft is so bad or listen to this evil thing Apple did", and then hundreds of people go out there and flame these companies without ever having heard from them first. A bit blind, don't you think?

    --
    "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
    1. Re:not to be cynical, but... by ctid · · Score: 1

      I don't agree, actually. This is a company that wants to sell things for money. If I was buying something from a company, I would assume that they had checked that what they were doing was legal. I'd be pretty surprised if I bought a PC and the supplier said, "Windows is installed, but we downloaded a warez copy of Office".

      There is nothing this company can say that makes it OK to breach the terms of the GPL. The article states that they were informed about the breach and they simply took steps to make it harder to spot. Even if they did not know that what they did was wrong (which seems unlikely), it would still be OK to blame them. Surely it's not too much to ask that they read the licences of the code they are planning to use?

      --
      Reality is defined by the maddest person in the room
    2. Re:not to be cynical, but... by be-fan · · Score: 1

      You just wanted to tell everyone that you dated a girl from a hot sorority, didn't you! That can be the only reason for this post...

      --
      A deep unwavering belief is a sure sign you're missing something...
    3. Re:not to be cynical, but... by Sarcazmo · · Score: 1

      It's called blackballing or blacklisting, and it's one of the most important powers we have as a community. Yes, we should be careful when we wield it, but we should be be afraid to strike when the violation is clear. From the evidence presented, it's very clear.

      Find one post here that is actually making an articulate argument presenting evidence in defense of Castle. I sure don't see one. It's a pretty flagrent violation.

    4. Re:not to be cynical, but... by Anonymous Coward · · Score: 0

      So I was dating this girl in a sorority for awhile..... Seems like /. is kind of becoming an online version of this.

      Having dated a sorority girl, it's obvious you do not frequent this site enough to make general comments about trends which surface on this site. Unless, of course, this sorority girl was simply an early morning dream which resulted in the soiling of your tighty-whities.

    5. Re:not to be cynical, but... by nochops · · Score: 1

      Reminds me of that anecdote about the monkeys. IIRC it goes something like this.

      Put six monkeys in a room, and hang some bananas from the ceiling. Then, put a ladder directly under the bananas. Wait until one of the monkeys tries to get a banana, and shock him with some electricity. Replace this monkey with a new monkey, and wait for another to go for the fruit, and get shocked.

      Pretty soon, all of the monkeys will have been replaced, and none will go for the bananas. Without ever having been shocked, they'll know not to go for the fruit.

      Well, maybe it went a little different than that, but you get the idea.

      --
      "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
    6. Re:not to be cynical, but... by Queuetue · · Score: 1

      I guess the question would be: What did you do to make her dislike you so much?

      In MS and Apple's cases, I can point directly to those issues. Having a negative bias towards an organization (or an individual) as punishment for an offense is perfectly normal, IMHO.

  100. Re:contact them,... by Anonymous Coward · · Score: 0

    im sure they be running scared after theyr ecieve all 3 emails

  101. Expensive and slow and no software by theolein · · Score: 1

    It seems this companies sell slow, ARM desktops with a proprietry OS (apart from that in article) with about four software packages at a very hefty price. You're going to pay for the browser??? Pay over $1000 for a 300MHz machine?

    I don't think they have much of a footing to stand on financially, which may explain why they used GPL code in the first place. I actually feel sorry for them, because it looks very much like a move of desperation to me.

    1. Re:Expensive and slow and no software by Anonymous Coward · · Score: 0

      The difference is that 300MHz machine probably has the equivalent performance of a 1GHz PC.

    2. Re:Expensive and slow and no software by Anonymous Coward · · Score: 0

      The processor is clocked at 600MHz and is probably the equivilent (when running RISC OS) of a 1GHz+ PC

      Regards

  102. Your cake and eating it by xixax · · Score: 1

    In my country, I am not allowed to make backups of music that I have purchased or load them onto an MP3 player. I am not allowed to rip a copy to listen to in the car. I am not allowed to copy my vinyl to CD because I don't own it, yet I cannot get replacement CD media for the vinyl because apparently I do own it.

    I think copyright has many benefits to society and is a great way to protect creators from being ripped off and having their work stolen, but that it is being used by some as an excuse to gouge soociety unreasonably.

    I shouldn't be allowed to steal a cake, but once I have bought it, how I eat it should be my own business.

    --
    "Everything is adjustable, provided you have the right tools"
  103. don't go after small fish by u19925 · · Score: 1

    my sincere advise to OSS, GPL advocates would be not to go after these small firms. they are doing their best to avoid MS and using OSS code (although not legally). what do we have to lose? what are we going to do even if their code is open? on the other hand, by allowing this kind of piracy, we are effectively gaining more linux users which is a nice thing. note that, many commercial firms allow piracy deliberately when making money is harder in that market segment. when they grow big, go after them and force them to release source code. so if Sun uses 1000 lines of GLP code, keep quiet. once they use 1000,000 lines of code, go after them. at this point, they won't have much choice but to release the source code.

    1. Re:don't go after small fish by Anonymous Coward · · Score: 0

      It is sad precisely because it is a company already struggling that will now be targeted, but they brought this on themselves.

      Doing nothing would be unethical and stupid. Unethical, because then the GPL would become like a submarine patent (waiting silently for years on end, suddenly striking when we feel like it). And stupid, because this lack of action may one day be quoted in a legal case as part of a defence.

  104. GPL is too strong for most to face by Xtifr · · Score: 2, Insightful

    a case like this could provide a precedent that would prove that the GPL is legally enforceable - something that has not occurred to date,

    That's right, it hasn't. And violations are regular and frequent (dozens of times a year, according to Eben Moglen, the FSF General Counsel). But so far, no one has been stupid enough to take it to court. But Eben keeps hoping someone will. From an essay on his website: "'Look,' I say, 'at how many people all over the world are pressuring me to enforce the GPL in court, just to prove I can. I really need to make an example of someone. Would you like to volunteer?'"

    Maybe this will finally be the time. But I'm not going to hold my breath. No one has had the proper combination of balls and stupidity yet. Frankly, I find that as persuasive, if not more so, than an actual court ruling on the matter.

    1. Re:GPL is too strong for most to face by fucksl4shd0t · · Score: 0, Redundant

      No one has had the proper combination of balls and stupidity yet

      Heh, I know someone who has the proper combination. Problem is, he's not a programmer. In any case, he has to find it himself. If I give it to him, he'll just say I gave it to him, and then I'll have to prove I abode the GPL (which shouldn't be that hard, really, since I would of course fulfill my obligation :) )

      --
      Like what I said? You might like my music
    2. Re:GPL is too strong for most to face by catenos · · Score: 1
      No one has had the proper combination of balls and stupidity yet
      Heh, I know someone who has the proper combination. Problem is, he's not a programmer. In any case, he has to find it himself. If I give it to him, he'll just say I gave it to him, and then I'll have to prove I abode the GPL (which shouldn't be that hard, really, since I would of course fulfill my obligation :) )

      I am not sure what you are referring to, you don't have to prove you abode the GPL:
      1. You don't have to abide to the GPL for him to be bound. He has no right outside of copyright law without the GPL. And the GPL explicitly states that he may use it under GPL, no matter whether you complied or not.

      2. The only one who can reasonable sue you is the copyright holder, not him. If you mean he will claim you are the culprit, well, if he distributes the software, he has to prove why he has the right to do so. Simply saying "but he gave it to me" is not enough. He has to show some legal papers, and the only thing he can show is the GPL, isn't it?
      The only thing that remains is that he could sue you claiming you gave it to him with different copyright headers (e.g. public domain). But well, then again, he could sue you for giving it to him, even if you were never involved. ;-)
      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
  105. Doh! Wrong site by Anonymous Coward · · Score: 0

    http://www.castle.uk.co/ you muppet.
    http://riscos.com/ is for RISC OS 4 also, not
    the one with the GPL violations.

  106. Re: already distributed by newsdee · · Score: 1

    You figure they somehow retroactively changed the signatures on copies already distributed?

    If it's only the OS, an "important security patch" may be all it takes. :-)

    But no doubt that there are other ways to prove the wrongdoing. It's just not as spectacular. ;)

  107. Iyonix PC by chargen · · Score: 1
    Oh my god... I have to buy one of their computers:

    Size MicroATX
    Processor ARM® compatible INTEL® XScale(TM) 80321
    Sound CD quality AC97, 16bit soundblaster standard
    Unique ID MAC address
    Address signalling 3.3v
    Video Resolutions of up to 2048 x 1536 pixels in 16 million colours

    It's got a Unique ID in the form of a MAC address!

    Zounds! I'd never have thougth if that!

    -Pete

    1. Re:Iyonix PC by crok · · Score: 1

      That's nothing. The Microdigital Omega has a real time clock with day, date, month and year!

  108. Fucking idiot. by Anonymous Coward · · Score: 0

    The GPL is not an EULA. It extends copyright, where the average EULA disallows you from doing things that would be legal under copyright provisions (disassembly is a key example).

  109. Sounds Like Castle Is A Victim... by istartedi · · Score: 1

    ...of Linux's press machine. Everybody's heard of Linux; how often do you hear about BSD? I mean, if you want to "rip off" a *NIX kernel, why would you mess with Linux when BSD is there for the taking without any hassle like this?

    I can picture it now:

    New hire/IT Wannabe We should use embedded Linux for that. It's free.

    PHB Free. And I heard about it at the last junket.

    Asok (thinking to himself) I wonder if I should inform them of the implications, or just lock in job security for myself when we have to do a re-write.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  110. yeah by Anonymous Coward · · Score: 0

    we got rooked

  111. Re:Liar by Lord+Bitman · · Score: 1

    if you were truely "ashamed to have ever been a promoter" you wouldnt be posting anonymously: You're afraid of losing a status you never had.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  112. Here's the irony by Anonymous Coward · · Score: 0

    It's perfectly ok to take GPL code, use it in a website (web app), modify it even, and never provide the source or even give credit. You only need to provide source when you redistribute binaries.

    Little wonder open source only got big after the web took off, and is still floundering on the client side...

  113. ..then it must be by Anonymous Coward · · Score: 0

    If it runs parts of Linux...

    Then it must be GNU/RISC OS!

  114. Re:They have nerve by Ed+Avis · · Score: 1
    Most people base their operating systems on silly things like memory management, process scheduling, and hardware drivers.
    Yeah, RISC OS doesn't have any of those. OK, last time I looked it had some memory protection and I think there was even a new facility to let a process allocate more memory for itself once loaded (rather than taking a fixed 'slot'), but it's still essentially a single-tasking system that does co-operative multitasking with polling. Still, it works.
    --
    -- Ed Avis ed@membled.com
  115. Game consoles by yerricde · · Score: 1

    Plus, how many 32-bit, multitasking graphical, multimedia OSes run out of ROM these days?

    How about the operating systems for game consoles? (It depends on the definition of multitasking; I have been told that Xbox OS does support threads.)

    --
    Will I retire or break 10K?
  116. Re:The other posts dont put it simply enough by Lord+Bitman · · Score: 1

    there are two other replies, but what they said can be put a lot more simply:
    Copyright is already there. What copyright says is that you can't redistribute the code or anything made from it.

    The GPL removes copyright, provided you dont try to put it back into play. That's what the term "Copyleft" is about.

    In effect, it's an anti-EULA.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  117. Re:contact them,... by Anonymous Coward · · Score: 0

    Isn't that an unpossible email addy?

    Ralph

  118. Re:I bet this nice penguine has fangs nobody shoul by erroneus · · Score: 1

    Fangs? Well, basically, it means that anything anyone uses and releases must be released with the source. This means that once proven that they used Linux source, they can sue to have the source code for their "RISC OS" released to the GPL.

    That basically gives is a WHOLE LOT of interesting stuff... or a lot of bad code to look at. Given than their people can't code their own stuff, it seems reasonable that their RISC OS isn't worth what is paid for it. In any case, it means they can lose what they worked on. The fact that they made an attempt to cover their tracks proves wilful intent... (or that their programmers have betrayed their leaders pretty badly)

    Thanks to the GPL, a whole lot of RISC OS is vulnerable to public disclosure. It should make a nice trophy anyway.

  119. A sale of a copy by yerricde · · Score: 2, Informative

    You don't own the SW after you buy it.

    Then what about the Adobe v. Softman precedent, stating that if it looks like a sale of a copy and quacks like a sale of a copy, it's a sale of a copy?

    A consumer of mass-market software surely doesn't own the copyright on the program, but unless there's a specific rental agreement between the consumer and the copyright owner, the consumer does own a copy of the program. (A "copy" is defined as the medium in which the program is fixed.) And if the consumer owns a copy, then the defenses in 17 USC 109 and 17 USC 117 become available, but the right to distribute modified versions is not among them.

    --
    Will I retire or break 10K?
  120. Here's the limit in Silicon Valley by Anonymous Coward · · Score: 0

    I've been called as an expert witness before in Silicon Valley. The DA here (or at least used to - a few years ago) set the bar at 1500+ lines of code in order to consider filing criminal charges.

    Now, YMMV. And in part it depends on what they are dealing with. But that's what they were using. I'd imagine in this case here they are using far more than 1500 lines of code, and it's fair game for cival prosecution.

  121. Woah! by rworne · · Score: 1

    Someone is infringing on the GPL and our copyrighted Linux code!

    We cannot stand for this!

    I'm going to write my congressman right after this Kazaa download queue finishes!

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  122. Um. . . the whole point of a liscense is copyright by Anonymous Coward · · Score: 0

    If they are found to violate ordinary copyright, then they also have to be found to be violating the GPL for the rather obvious reason that the GPL is more permissive. The GPL is enforced by standard copyright (follow this liscense or face copyright violation), so it is impossible to violate the GPL without violating copyright.

  123. False Alarm? by Anonymous Coward · · Score: 0

    Russell King has posted a followup to his LKML posting. Perhaps all is not as it seems.

  124. No one Owns Linux by Anonymous Coward · · Score: 0

    I would say this is a test case. The folks involved have concluded that there is no one party that owns Linux, thus WHO is going to SUE? That, of course, is assuming one can come up with the proper juristiction for such an action. Licenses are only as strong as the enforcement mechanism, and this is the inevitable test of the claims contained within the GPL given there really is no OWNER of the software that is supposedly being licensed.

    Linux code is not sacred. Its just another form of the old public domain software that has been out there since the beginning of computing. The only difference is that there is some text referencing the GPL, but never has it been demonstrated to be a valid and enforceable license.

    I'd rank it even less enforcable that those non-compete clauses we all sign upon starting employment with every one of the software houses that pay our bills.

    1. Re:No one Owns Linux by that+_evil+_gleek · · Score: 1

      It is not public domain software!!!!!
      If the license is NOT valid, then you would have no right to distribute or use under copyright law!
      Only the license grants you additional rights, rights that copyright law would normally strip.
      Copyright law does not prohibit modifying code, just distributing it.
      The whole point of GPL is to keep copyright, and keep the good parts of PD software.

      Forth had a history of PD software, and a few cases of corporations claiming copyright on the PD software then suing the orginal authors who had placed the code in public domain on purpose.
      RMS was a lisper not a forther, but I imagine he was aware of the problems, hence GPL.
      (At least I'm not aware him of hacking forth, but I don't know I'm not an oldtimer, just a student of computer folklore ;-)

  125. Enforceability of GPL by Czernobog · · Score: 1

    This is what we've all been waiting for ladies and gents.
    If those folks have indeed violated the GPL, the will be the most strenuous test the GPL could go through.
    We'll see how enforeceable the GPL really is, so it will either make it or break it.

    --
    /. Where the truth
    1. Re:Enforceability of GPL by Tony+Hoyle · · Score: 1

      The GPL doesn't need to be 'enforced'. No GPL = No right to use the code anyway. No company up until now has been stupid enough to risk this (if the GPL was rendered invalid can you imagine the fallout? Entire ISPs being shut down... IBM share price plummets...)

      This is purely an issue of theft of copyrighted code.

  126. Will DMCA kill GPL? by Anonymous Coward · · Score: 1, Interesting

    If Castle Technology Limited were an US company, CTL would just countersue Russell King for circumventing ROM BIOS 'protection'. As a result, Linux is screwed and CTL lives happily ever after. Nobody will care about GPL anymore because someone can screw the system with this low down dirty trick.

    Don't believe it won't happened in UK, because EUCD is going to pass in there pretty soon.

  127. DMCA by trelanexiph · · Score: 0

    can we hit them with it for a change? Just because the law is inherantly evil doesn't mean that we can't use it to our advantage, for bloody once!

  128. Enforcing the GPL by dspeyer · · Score: 1
    The FSF has historically helped to enforce the GPL, even when they were not the copyright holders (to go to court, they would need power of attorney from the actual authors, but that hasn't come up yet). Standard procedure seems to be to meet quietly with the offender, explain how ironclad the GPL is, explain options for compliance, and offer to accept a simple correction of the problem. Eben Moglen wrote an interesting essay about this, which is worth reading now (for those who haven't).

    Here's a pertinant quotation:

    We have even, once or twice, faced enterprises which, under US copyright law, were engaged in deliberate, criminal copyright infringement: taking the source code of GPL'd software, recompiling it with an attempt to conceal its origin, and offering it for sale as a proprietary product. I have assisted free software developers other than the FSF to deal with such problems, which we have resolved--since the criminal infringer would not voluntarily desist and, in the cases I have in mind, legal technicalities prevented actual criminal prosecution of the violators--by talking to redistributors and potential customers. ``Why would you want to pay serious money,'' we have asked, ``for software that infringes our license and will bog you down in complex legal problems, when you can have the real thing for free?'' Customers have never failed to see the pertinence of the question. The stealing of free software is one place where, indeed, crime doesn't pay.

    But perhaps we have succeeded too well. If I had used the courts to enforce the GPL years ago, Microsoft's whispering would now be falling on deaf ears. Just this month I have been working on a couple of moderately sticky situations. ``Look,'' I say, ``at how many people all over the world are pressuring me to enforce the GPL in court, just to prove I can. I really need to make an example of someone. Would you like to volunteer?''
  129. BSD license by Anonymous Coward · · Score: 0

    If they used FreeBSD, they wouldn't have this problem.

  130. Not Castle UK? by dubstar · · Score: 2, Insightful

    A note on a previous link posted

    According to a rumour on top 'geek' web site Slashdot, Castle have been accused of using GPL'd code in RISC OS 5. The rumour was originally posted by ARMLinux developer Russell King and there is already a healthy debate running as to the possible implications of GPL breach. Please note that www.riscos.org is NOT affiliated to ANY RISC OS hardware manufacturers, so if you're a GPL geek, please don't bother inundating me with emails as I don't have time to reply to them all. www.riscos.org is and will always remain impartial regarding public news items.

  131. They already responded (URL below) by Dr.+Spork · · Score: 1
    This isn't much of an answer, but it appears the best they can do:

    http://www.riscos.org/cgi-bin/news?ref=08022003_00 2404_4

  132. I Plan on thanking them... by Eric+Damron · · Score: 1

    The GPL license needs a good test in a court of law to see if it will stand. I plan on thanking these people for offering to spend the many thousands of dollars that it will take to conduct this test.

    --
    The race isn't always to the swift... but that's the way to bet!
  133. oh noes by Anonymous Coward · · Score: 0

    please dont steal my code i gave to everyone and use it for yourself!

    dont want this to happen? dont give away source code.

  134. A better example by autopr0n · · Score: 1

    You steal my tires. Can you come and steal them back? I dunno, most people would say you could.

    But that dosn't mean you could steal my whole car...

    --
    autopr0n is like, down and stuff.
    1. Re:A better example by raju1kabir · · Score: 1
      You steal my tires. Can you come and steal them back? I dunno, most people would say you could.

      Actually I think most people would shake their heads in confusion. How could I steal back the tires I just finished stealing?

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  135. No such thing as "stealing back" by Anonymous Coward · · Score: 0

    "I steal something from you. Do you have the right to come steal it back?"

    There's no such thing as "stealing back." If someone steals something you own, you still own it. If you find it where it's not supposed to be, and you move it, you're just moving your property, the same as if you had done so before it was stolen.

    Stealing something doesn't transfer legal ownership.

  136. Re:Actually the point he was making-Hypocrisy. by Anonymous Coward · · Score: 0

    I agree 100%. Contrast not only that, but also notice how much effort is put toward punishing the offenders. When was the last time you saw that much go toward people who've violated the copyrights, of those they disagree with? Their own actions say what their mouths will not confess.

    I have sigs that's somehow appropriate.
    "-- Poho
    "People's morality is like water going down hill - it takes the shortest path to reach its goals""
    &
    ""Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened."
    -- Winston Churchill"

  137. You can violate the GPL all you want by autopr0n · · Score: 1

    as long as you don't distribute the changes. It says that on like the 3rd line of the damn thing!

    --
    autopr0n is like, down and stuff.
  138. More info by Anonymous Coward · · Score: 1, Informative

    From their web page
    http://www.iyonix.com/32bit/opportunities.sh tml

    ...

    Most developers are now porting their software to the IYONIX pc and charging a small upgrade fee per product as well as considering new applications and some suggestions for USB, PCI and software products are shown below.

    ....

    Third parties are encouraged to develop drivers and applications to use PCI cards. In the past it was sometimes difficult to justify developing specialist expansion cards for a relatively small market, but the existence of a wide range of low-cost PCI cards provide a ready solution and the source code for many device drivers is already freely available thanks to Linux.

    No mention of open source software or GPL, just freely available.

  139. We are not hypocrates by autopr0n · · Score: 1

    The idea that plagiarism is wrong, and sharing is not, is not hypocritical.

    Also, if there was no copyright, there would be no need for the GPL.

    --
    autopr0n is like, down and stuff.
  140. RISC OS is licenced from Pace by comcn · · Score: 1

    Lots of people here seem to think that Castle own RISC OS, or that RISC OS Ltd own it. This is not true. After Acorn Computers finished in 1998, the set-top box division of it was bought by Pace Micro Technology in June 1999 (Acorn Computers itself changed name to Element 14). This sale included RISC OS.

    Pace still owns the copyright to RISC OS. RISCOS Ltd was set up and licenced the code, which has been released as RISC OS 4. This is what you can buy to upgrade Acorn RISC PC computers (and other Archimedes machines, like the A7000).

    Castle Technology recently also licenced RISC OS from Pace, completely separate from RISCOS Ltd. This version of RISC OS is being developed for the Iyonix computer and is called RISC OS 5.

    This could be an interesting situation, as Castle Technology do not own RISC OS, they only licence it.

    1. Re:RISC OS is licenced from Pace by Anonymous Coward · · Score: 0

      Well, the question then is: Who distributes it?

      Castle licenses it, they get the source.
      Castle distributes it with gpl'd code on crappy pc, sans source.

      So it isn't complicated. It's obvious who is in violation.

  141. MOD PARENT UP! by Anonymous Coward · · Score: 0

    I couldn't agree more!

  142. They should have used *BSD code just like Red Hat! by Anonymous Coward · · Score: 0

    When the linux community breaks copyright and software liscensing, not much is said. When another company does it, holy shit, grab the pitch forks.Linux people should just chill for awhile.

  143. it's probably thanks to slashdot... by Anonymous Coward · · Score: 0

    what with all the hype about linux and "truly free" software on slashdot.org, they probably got the two confused and thought linux was truly free software!

    they should've just used freebsd. :)

    (and if you thought that was a troll - why the hell anyone would deliberately use linux code instead of freebsd's is beyond me...)

  144. Publish their addition under the GPL by Alwin+Henseler · · Score: 1
    I read in the GNU General Public License, what it means:

    They used the GPL-licensed software, and with that, indicated they accept it. They made a derived work from it, and distributed this as a whole, in binairy form. With selling a product that contains it, they distribute this derived work.

    Consequences:

    The GPL also applies to their modification, UNLESS the GPL-covered part and their part are seperate, or can easily be told apart. Hmmm, binairy form? Incorporated as a whole inside a product? Distributed? I'd say, that results in the GPL extending to their modification. The license they indicate to have agreed to, says so.

    Thus: you can regard their addition as included in that product, as covered by the GPL as well.

    My suggestion:

    Find out what they added, reverse engineer that, turn it into source code, and publish/distribute that as a new piece of GPL-covered code. Thank you very much!

    If they don't like it, and try to sue, their use of the GPL-covered code would not leave much (if any) legal ground for them to stand on.

    Oh, and of course, you could offer any buyer of that product the source code for all that's inside it, under the GPL, regardless of whether the company likes it. (And you might try to force the company to do that for their customers)

  145. Response from an Acorn fan by cabraverde · · Score: 2, Insightful

    This is the first Slashdot story in over a year that has prompted me to actually register in order to post a response.

    A programmer by trade, I grew up on the Acorn RISC machines. To see that the phrase "RISC OS" needs double-quotes makes me wince... My high school prizes were spent on books about ARM assembley language, and to this day x86 assembler seems retarded by comparison. I spent a whole summer working shit jobs in order to buy the RISC OS Programmer's Reference Manuals and Acorn's ANSI C compiler. I know it sounds like a typical Slashdot takeoff but it's true!

    So I read this story with disgust and a sense of betrayal, it's like my own father has been had up for peddling drugs to schoolkids! Honestly Acorn (sorry, "Castle Technology Ltd" now), how low can you stoop? A lot of young British geeks owe their IT literacy to the company you once were, but if this story is true then you will find no sympathy from even your staunchest fans.

    I am really sad to see this happening.

    1. Re:Response from an Acorn fan by comcn · · Score: 1

      Don't worry, it's not Acorn that is doing this. Castle Technology is a different company.

      Acorn did their bad stuff back in '98 when they shut up shop and sold the company to people who weren't interested in workstations. What's left is called Element 14 (if that is still going).

      At least one thing is still good that came out of the old company that was Acorn: ARM Ltd.

    2. Re:Response from an Acorn fan by crok · · Score: 1

      Element 14 was bought by Broadcom.

  146. And a dirty rascal by Chuck+Chunder · · Score: 1

    to boot!

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  147. A response from an Acorn Fan by Anonymous Coward · · Score: 0

    This is the first Slashdot story in over a year that has prompted me to actually register in order to post a response.

    A programmer by trade, I grew up on the Acorn RISC machines. To see that the phrase "RISC OS" needs double-quotes makes me wince... My high school prizes were spent on books about ARM assembley language, and to this day x86 assembler seems retarded by comparison. I spent a whole summer working shit jobs in order to buy the RISC OS Programmer's Reference Manuals and Acorn's ANSI C compiler. I know it sounds like a typical Slashdot takeoff but it's true!

    So I read this story with disgust and a sense of betrayal, it's like my own father has been had up for peddling drugs to schoolkids! Honestly Acorn (sorry, "Castle Technology Ltd" now), how low can you stoop? A lot of young British geeks owe their IT literacy to the company you once were, but if this story is true then you will find no sympathy from even your staunchest fans.

    I am really sad to see this happening.

  148. Microsoft isn't that stupid. by dmaxwell · · Score: 0, Troll

    I doubt MS would care one way or another about a high profile enforcement of the GPL. Believe it or not, MS' Services for Unix contains some GPLed utilities and they offer the source for them the way they're supposed to. Don't get me wrong, I think MS is run by a lot of scum sucking weasels but they aren't STUPID weasels.

    Microsoft has an army of developers and pool of cash that let's them buy pretty much any commercial codebase they want. They have nothing to gain by ripping off GPLed code and quite a lot to lose.

    MS whinges about GPLed code not because they can't steal it but because their Embrace Extend Extinguish and FUD tactics are largely useless when it is a competitor.

  149. Well we got no class.. and we got no principals... by Ungrounded+Lightning · · Score: 1

    Obviously, the above argument [GPL si, copyrighted music no] is absurd, but points out that Slashdot has a double standard.

    No it does not.

    Because Slashdot does not have any standards. It has a broad population of individual posters, who have their individual standards.

    Some of them disagree with some aspect of how copyrights are used in the music industry, and some of them support the way copyright is used by the GPL. These are not necessarily the same people.

    Now if you want to argue that those PARTICULAR SLASHDOT POSTERS who disagree with the music industry's use of copyright but agree with the GPL's use have a double standard, you might have a point worth discussing.

    But to claim that SLASHDOT has a double standard is to propagate the same lie the media does when it says that an American family has 3.2 children of which 2.1 are illegitamate.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  150. Re:They have nerve by HiThere · · Score: 1

    Nothing wrong with that. But if they want to use GPL code, they need to follow the license, and GPL their drivitives. Then they are perfectly free to do so. And they only need to release the code to their customers. But the code, itself, must be under the GPL.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  151. now if only by W0lphAU · · Score: 2, Funny

    If only we cold discover linux source being used by microsoft. The war would be won.

  152. Hypothetical Question by vandel405 · · Score: 1

    I know this is a complete what if, but here it goes.

    What if i was the owner of a company like Castle. A small shop of 30 or so people writing a commercial OS. Now say it was the task of three of the programmers to write some part of some IOKit. Now say they were under deadline and feared being fired, and couldn't keep up and stole a couple of pages of source from a GPL OS of your choice. Now say no one realizes this for 18 months and then the door is suddenly blow open and the execs of the small company are totally against this violation, and fire the employees in question and remove the code in question from the OS. Should the rest of the OS have to be GPLed? I would hope not!

    Jon Hess

  153. Yes it does... by SuperKendall · · Score: 1

    And they can do whatever they like with the source - that is fine. The fact that they are not releasing modifcations they have made, that is the issue...

    You are barking up the wrong tree here. There is no similarity at all between someone selling GPL code for profit (fine, as long as they release changes) and someone copying music.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  154. Acronis - Knowingly Violating the GPL? by Anonymous Coward · · Score: 0

    The Partition Expert product from http://www.acronis.com uses a modified Red Hat kernel, gpm and XFree86 (as far as I can identify), but NOWHERE mentions the GPL, does not contain a copy of the license, does not inlcude the source code (nor provide it on their site), and provides just binaries. All clearly violations as described at http://www.gnu.org/licenses/gpl-violation.html. To make make matters worse, Acronis has received a Linux Journal award (http://www.linuxjournal.com/article.php?sid=5525) . Their OS Selctor is, I beleive, also now distributed with SuSE. It looks as if they are taking unfair advantage of the GPL.

  155. Re:They have nerve by SN74S181 · · Score: 1

    Linux is a VT-220 time sharing operating system.

    On steroids, mind you.

  156. This is the bloody limit by Anonymous Coward · · Score: 2, Insightful

    Before throwing this kind of accusation onto the Slashdot frontpage and having all the American pinguinista Linux-geeks go nuts over it, please check your facts. Going berko at Castle because of possible GPL code in RISC OS is like going mad at Dell because of what's in Microsoft Windows. Castle sells Acorn-clone computers which run RISC OS: they do not make RISC OS, they're a reseller in much the same relation with RISCOS Ltd/Pace who makes RISC OS, as Dell is with Microsoft who makes Windows.
    If I was Castle, I'd be considering legal action against Slashdot right now, as this is one heck of an unfair slam to their company.

  157. Unthinking... by blach · · Score: 1

    ...pretty much sums it up.

    Not to stereotype or anything. But yeah you're pretty much right.

    James

  158. GPL: The Religion by Chordonblue · · Score: 2, Interesting

    " ...but who cares? People who license their code under the BSD License don't waste time and energy investigating these types of issues. Instead, they keep coding. "

    I care. That doesn't mean I want to mod you down either. It just proves that people don't understand the spirit of the GPL. Why it exists. Why it's important to defend.

    Part of the point of the GPL isn't so much the technical aspect of the license - there's RELIGION there also. It is the unspoken belief (well, I think RMS has said something to this effect), that many coders contribute to the GPL codebase to make it better (and therefore save the universe from oppression or something like that) ;)

    When one steals from the GPL codebase, their contribution - which if sold is REQUIRED, must be returned to the whole. To not do so, to take the accomplishments of others who build on this license diminishes us all. It's as simple as that. Now, it is apparent (at least to what I've heard) that what this company (Castle) has STOLEN the work of others. Of course it should be looked at.

    Hell, since many of us are now paying the "assumed CD-R piracy" fees everytime we buy blanks, this at least is a blatent violation of a legally enforceable license.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  159. theft? by CentrX · · Score: 1
    theft


    I assume you mean copyright infringement?

    --

    "The price of freedom is eternal vigilance." - Thomas Jefferson
  160. I suggest by Anonymous Coward · · Score: 0

    That You all slashdotters write a polite email to the company and ask if they are violatin GPL.

    I just did that, and I think it would be very good thing if the companys email-box would be filled with similar emails.

  161. Circumstantial evidence by hoegg · · Score: 1
    As I understand it, there were function signatures (linking information) indendical to all the functions from certain pieces of Linux kernel code. After their first request for source under GPL, they removed that information but the rest of the binary code remained unchanged.

    That falls cleanly into the "circumstantial evidence" category in my opinion. It could be hard to find real evidence for this. One would need to get a good witness or subpoena their source.

    1. Re:Circumstantial evidence by rodgerd · · Score: 1

      It would be plenty of evidence to bring suit, if one chose, which would ultimately give the plantiff access to Castle's documentaiton, electronic and written records, source code, etc. Of course, they could have a go at destorying the evidence ("Oops, the dog ate my backups"), but that tends to upset judges.

  162. RTFGPL by Anonymous Coward · · Score: 0

    nuff said.

  163. Re: already distributed by tez_h · · Score: 1

    Most RiscOS machines have their OS on non-flashable ROM. It would be difficult changing the core binaries on a RiscOS machine.

    -Tez

    --
    Haskell, the static-typed, lazy, polymorphic, programming language.
  164. Re:Does that mean...Yes it does. by Blikbok · · Score: 1
    Actually, in some places in the USA, it is not theft for me to take back possession of something illegally taken from me. I am however, not forgiven for any crimes I commit while recovering that property, nor does it protect me from prosecution if I 'recover' the wrong thing. I can take it back, but not steal it back.

    For example, if you steal my CD player, I can take it back without offering you physical violence, or breaking into your home.

    However, these are dealing with tangible property. I don't think I can take posession of illegal copies of copyrighted material, because the copies, while illegal, are not mine.

  165. Here's my problem with copyright and a lawsuit by yakker · · Score: 2, Interesting

    To sue the infringers, the copyright should (must? IANAL) be assigned to the FSF. I as a GNU GPL developer and copyright owner may not want my code assigned to FSF for personal reasons. How then does the FSF sue on my behalf? Can they legally do so?

    It would be a great example of testing the GPL without running into the copyright argument.

    An even better situation would be to write code, release the code under the GNU GPL, give it to a friend, sign a legal contract offering him use of the copyrighted code if and only if it is used under the terms of the GNU GPL, and then have him violate the terms of the GPL for either (A) release of derived source, (B) distribution, or (C) both.

    Take each other to court, represent yourselves (in propia persona), and have a judge resolve the issue. Sue for enough over the small claims limitations, and when done, release him from legal liability if the suit is successful.

    You set precedent, appeals potentials, and all without the FSF's involvement (or political backwash).

    --Matt

    1. Re:Here's my problem with copyright and a lawsuit by memes · · Score: 2, Interesting

      Neat coding solution. Unofortunately, law is not code (especially in the "civil law" jurisdictions like US & UK).

      IANAL but (a) this looks set to be a UK lawsuit and (b) I am a lay UKian with some experience of copyright law.

      UK courts do their very best to avoid this course of action. They want to see genuinely adversarial cases.

      There's an additional problem in that they want to see cases with significant financial amounts in dispute. Trust me, I'm thinking hard how to argue this...

    2. Re:Here's my problem with copyright and a lawsuit by crow23 · · Score: 1

      In this case, the outcome is only binding to the persons involved in the suit. There is no precedent without true adverse parties. The courts will clearly see right through that and the costs will still be substantial without ever resolving anything completely.

      In the U.S., one can not (with VERY FEW exceptions) be bound to a third-party judgment without a FAIR and FULL opportunity to argue your side. What if the RIAA sued a file-trader/employer and the person agreed to pay 5 dollars for every song he downloaded, could you force every file-trader to pay the same? --Brandon, B.S.E.E., working on J.D.

  166. Re:Information wants to be free-Free willy. by Anonymous Coward · · Score: 0

    Ah! A sane post amoungst the weeds. Now your correct that the two groups are seperate. But if you look back at every RIAA,MPAA post on this site you'll notice two things. One is the larger proportion[1] that is pro-copyright violations vs against. Two you'll also notice as I pointed out up above. The degree of reaction to the GPL copyright violation, verses the lacking of reaction to the pro copyright violation stance prominant here. In other words the squeaky wheels get heard, while little complaint is raised from those irritated by the noise. One thing of note as well. Two wrongs don't make a right. That's true of life, and the law. I wish all the people advocating civil disobediance would keep that in mind. Because they make life harder for those who do play by the rules, and they not only make it harder to change the situation. They make it worse.[2] Also as far as the GPL not being sound. As one person pointed out, there's the individual copyright to fall back on, unless copyright itself can be shown to be faulty, and that would be a disaster of monumental porportions, for all.

    [1] Complete with a justification that runs the gamut from stupid to crafty.
    [2] There's also no proof that their disobediance amounts to more than a "feel good" measure.

  167. EVERYTHING. by Anonymous Coward · · Score: 0

    i'M DRunk. but these people are bastards. FUK EM IN TE ARSS!!!

    1. Re:EVERYTHING. by dizzy+tunez · · Score: 0

      yeah, sure.
      That will make the problem go away.

      --
      "If you loved me, you`d all kill yourselves today"
      Spider Jerusalem
    2. Re:EVERYTHING. by dizzy+tunez · · Score: 0

      yeah, sure.
      That will make the problems go away.

      --
      "If you loved me, you`d all kill yourselves today"
      Spider Jerusalem
  168. I would like to point out by Anonymous Coward · · Score: 0

    That everyone on slashdot is pro-kazza sharing copyright violation but when it comes to the GPL, whooaa! better watch out! The lawyers are coming!

    This place is the biggest double standard in the world. Just because y'all want your music for free...

    1. Re:I would like to point out by Anonymous Coward · · Score: 0
      Interesting. I would like to point out that the intellectual "property" industry is all anti-kazza [sic] copyright violation, but when it comes to the GPL, screw it! We can violate their copyright and get away with it.

      The intellectual "property" cartel is the biggest double standard in the world, just because it can't write its own code.

      ~~~

  169. The EFF can not lobby by smiff · · Score: 1
    The Electronic Frontier Foundation is an organization of lobbyists with political interests

    The EFF are not lobbyists. They are a 501(c)3 non-profit organization. It is illegal for them to lobby congress. Their role in influencing public policy is limited to educating the public, and challenging the law through the courts.

  170. RISC OS is not Castle Technologies' product by Goth+Biker+Babe · · Score: 3, Interesting

    RISC OS is actually owned by Pace Microtechnologies Plc. They acquired it from Acorn Computers Plc when Acorn was broken up. RISC OS is developed by RISC OS Ltd who licence it from Pace and develop it for the desktop machines. Castle Technologies obtained the rights to manufacture and distribute Acorn's Risc PC in the break up but have since started developing their own products.

    From the details it's not clear whether Castle are the culprits or RISC OS Ltd. It is unlikely to be Pace as they are not interested in the desktop products. Knowing some of the parties concern I know where my suspicions lie but I'm not saying.

    1. Re:RISC OS is not Castle Technologies' product by comcn · · Score: 2, Interesting

      Castle recently licenced RISC OS from Pace, too, so this is nothing to do with RISCOS Ltd.

  171. GPL is not free by Anonymous Coward · · Score: 0

    and this proves it. BSD license all the way.

  172. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  173. you need better TV by DrSkwid · · Score: 1

    because we travel in miles

    American dollars are the last thing we try and collect. Even mentioning the money is vulgar, as we'd expect from our American cousins, so getting a kick in the teeth seems rather appropriate.

    This Castle bunch are not the Acorn people. My guess is that they are some fly-by-nights.

    Acorn were original and innovative, I expect they will be as annoyed about this as the Linux kernel people.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  174. I like that story by DrSkwid · · Score: 2, Interesting

    The BBC were really keen to get computers to the people. They made a magazine TV programme aimed at non-geeky people presented in a non-patronising way. They'd show you computers being used in the field, have a bit of a discussion and show you some source code and explained how it worked.

    They also used the Teletext system to distribute free BASIC source code, even before they released their computer they were supplying source for the Acorn Electron. You needed a teletext adapter to get it into your machine. When I was 10 or 11 I used to sit there with a pencil and graph paper copying down the source from the screen. I hadn't even used a computer by then, let alone owned one. I had no idea what I was writing down at first but gradually I got some sort of idea of what was going on. It was made more difficult by the fact that in order to maximize the bandwidth the newlines were tokenized so one line ran into another like this (I'm using ! as newline):

    10 INPUT "Hello, what is your name?",name!20 IF name "DrSkwid" THEN 50!30 PRINT "Agghhh Doctor I've been expecting you"!40 GOTO 60!50 PRINT "Daleks, kill ",name!60 PRINT "bye"

    happy days

    glad you made it to Berkeley

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:I like that story by sailesh · · Score: 1

      Pencil and graph paper ! More memories.

      I remember the day I was writing a little quiz program. One which would ask questions and print a little score at the end to see if you gave the right answer. Dumb of course. I was carefully writing down the questions in my notebook when my mum stopped by and looked over my shoulder. Her response, "a computer can know _all_ this ?" :-)

  175. A Brief History of RISC OS by RobinWatts · · Score: 3, Informative

    A brief history lesson, that might help to make one or two things clearer. Its as accurate as I can manage, but don't sue me for slipups, right? Years ago there was Acorn Computers Ltd; they produced the BBC Micro, BBC Master etc. They then set about designing their own 32 bit cpu for their next generation of computers, and the ARM chip was born. ARM Limited was formed as a spin off and carries on administrating the architecture today. Acorn went on to use the ARM chip in various computers; its first OS was called Arthur, which later developed into RISC OS. Acorn used RISC OS both in desktop targetted machines and increasingly in a range of set top box like products and other embedded devices. The first bunch of ARM chips developed ran in what was called '26 bit mode' (don't worry about it), and the OS largely depended on some custom support chips. Eventually Acorn took the decision to drop out of the desktop market; when it did so, it granted a license to a new company (RISC OS Ltd) to the latest version (4) of its software. RISC OS Ltd carried on developing this OS and continue to do so today as part of their Select scheme. Shortly after granting the license, Acorn split into 2 sections; one became element 14, and the other was taken over by Pace. Pace carried on developing RISC OS in house, and produced a 32 bit hardware independent version of RISC OS. Later, AIUI, Pace stopped RISC OS development work, and shortly afterwards Castle announced that it was bringing desktop machines to market using the Pace version of RISC OS. Some sort of license deal had been made between Pace and Castle - my understanding is fuzzy here, I don't know if its a direct license or whether Castle have a license through another third party. It is this latest version of RISC OS that the accusation of use of GPL'd code has been made against. RISC OS Ltd, ARM Ltd, and Element-14 (AIUI now subsumed by Broadcom) are *not* implicated in any way - don't send them hate mail! riscos.org are *not* implicated in any way - thats a web site run by enthusiasts. Its not clear to me at which point the GPL'd code got introduced into the source tree; it could have been at any point after the RISC OS Ltd tree was forked from Acorns original source. Also, for those that don't know, Russell King was one of the prime instigators of ARM Linux, so together with Linus himself is probably one of the most significant opinions on this matter. FWIW: I'm an independent software contractor, who has worked under contract for Acorn, Pace, e-14, and RISC OS Ltd (though not on the portion of the code under discussion). I have no axe to grind here - this post is purely intended to sort out who the players in this particular drama are (and aren't!)

  176. Three words by Thurog · · Score: 1

    Pointy Haired Boss

    Or:

    Can't locate Common/Sense.pm in @INC (@INC contains: /usr/local/lib/managers /usr/local/lib/perl/5.6.1 /usr/local/share/perl/5.6.1 /usr/lib/perl5 /usr/share/perl5 /usr/lib/perl/5.6.1 /usr/share/perl/5.6.1 /usr/local/lib/site_perl .).
    BEGIN failed--compilation aborted.

    --
    The difference between ignorance and apathy? I sure don't know, and I don't care either.
  177. RISC OS is not Castle by radiac · · Score: 3, Informative

    The sad thing is that I had really heard nice things about RISCOS... if it were possible to get an old machine inexpensively in the US, I would have tried it.

    That's a bit like saying that you would not buy a second hand 486 with MS DOS on, because a different PC manufacturing company ripped off some GPL code last year to get part of their new system working.

    I think a lot of people are getting Castle confused with RISC OS, and in this case even Acorn, who don't exist any more - the code being discussed is for the new Castle Iyonix machine, released just before Christmas 2002. It is the first 32 bit RISC OS machine, and as such needs a 32 bit OS. Castle have released RISC OS 5, which is based on RISC OS which is licensed by Pace, who bought it from Acorn just before they were closed down (about 5 years ago I believe).

    It is RISC OS 5 that has the alleged GPL breach; previous versions of RISC OS have nothing to do with Castle, apart from Castle's machines run RISC OS.

    As a general comment, it would be nice if people on slashdot spent a little more time looking into the facts before posting.

    On a separate note, if you really are interested in getting an old Acorn machine, there are a lot of second hand Acorn machines available at extremely reasonable prices if you're willing to spend a little time looking for it - for example, newsgroups, community websites, magazines (such as Archive, which has a small ads section), or companies which sell second hand RISC OS machines, like CJE Micros.

    --
    I'm dangerous when I know what I'm doing
  178. Pathe News had a reporter called Joe King by DrSkwid · · Score: 1

    I remember seeing his name on the credits of a WW2 newsreel and couldn't believe it but there it was in black and white. The news attributed to "Joe King"

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  179. any filesystem - not true by DrSkwid · · Score: 1

    GNU/Linux reads any filesystem anyway

    That simply isn't true.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  180. Semantics ... by torpor · · Score: 1

    .. as opposed to what, exactly?

    You started it.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  181. Stimt! by torpor · · Score: 1


    When you actually look at one person's beliefs, it's quite easy to see how someone can believe that abusing the GPL license like Castle has done is naughty, and at the same time believe that the RIAA, MPAA, and CSS are evil also.


    I'll burn karma just to agree.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
    1. Re:Stimt! by Anonymous Coward · · Score: 0


      He's making a point that people on slashdot have different opinions.

      And you reply to say you _agree_?

      Oh no! Logic Underload! Implosion Imminent!



      (btw yes, for convenience I chose to ignore that you only agreed to one of his other statements. I just need to get laid seriously). Did I just type that out loud?

  182. "Pirates of Silicon Valley"... by tewmten · · Score: 0

    reminds me of the movie "Pirates in silicon Valley"..

    "Good artists copy, great artists _steal_!"

    fscking wankers, chop their nuts of and feed them to the bulldogs!!!

  183. Linux has lost revenue, Castle has gained by AskNoQuestions · · Score: 1

    Castle Technology has gained revenue by selling someone else's product. Apart from the license violations, there ought to be a case to answer that Castle have charged for a product that isn't legally theirs to sell

    IANAL...

  184. Re:contact them,... by Anonymous Coward · · Score: 0

    their whole website has a .uk.co suffix so I guess it works.

    I have mailed them and urge everyone else to do so....

  185. Re:They have nerve by nicodaemos · · Score: 1

    Well it looks like the broad brushing of the mob mentality has taken yet another victim to the hot, steamy pit of collateral damage.

    And since mine was the hand that wielded this brush, I must extend my apology.

    But let me say this to all of you GPL violators out there, cut out all of that evil!

    Ssssppppoooooonnnnn!!!!!

  186. Guess so.... by reality-bytes · · Score: 1

    Seeing as how my belly isn't big enough to crush them to death :P

    --
    Ripping an new rectum in the fabric of spacetime.
  187. HP Printer license by tundog · · Score: 2, Informative

    Just installed an HP printer and the following came up with the EULA. I wonder, if it ever turned out that they infringed on Open Source (e.g. GPL), if it would effect the entire license, making it null and void, i.e. letting me disassemble until my hearts content (clause 4).

    8. U.S. Government Restricted Rights. The Software has been developed entirely at private expense. It is delivered and licensed, as defined in any applicable DFARS, FARS, or other equivalent federal agency regulation or contract clause, as either "commercial computer software" or "restricted computer software", whichever is applicable. You have only those rights provided for such Software by the applicable clause or regulation or by these License Terms.

    --
    All your base are belong to us!
  188. My 2 cents by kidtripod · · Score: 1

    Any attempt at suing them will fail simply because of the way RISC OS works. Its highly modular, to the point that users can effectively dynamically substitute bits of the OS whilst it runs. This means what they've done is most likely only creating programs that run on the system. In order to not violate the GPL they simply point you to the original source. Its no different from compiling a GPL app under RO and running it.

  189. That's "Stimmt!" by he-sk · · Score: 1

    With double-m.

    --
    Free Manning, jail Obama.
  190. +1 Insightful by Dan+Ost · · Score: 1

    Someone mod this up.

    I must say, it is an absolute pleasure to see
    a post that is concise, accurate, and carefully
    considered.

    I wish I had some mod points.

    --

    *sigh* back to work...
  191. Re:They have nerve by Anonymous Coward · · Score: 0

    Hm, you mention this on your website.

    > www.riscos.org is and will always remain impartial regarding public news items.

    So, which sort of news items are you not impartial to?

    And don't you feel bad AT ALL that your beloved RISC steals code? And after many requests to stop stealing, it responds by "removing the function references".

    And perhaps even encourages you to "find publicly available code from the internet" (read: Steal GPL) to write more RISC os drivers?

  192. code thievery all to common by that+_evil+_gleek · · Score: 1

    If you code you've met them. They do it because they can, and because they suck.
    I'm sure of the last part, because if I ever have to work with one, he gets stuck on
    the simplest stuff. They have years experiences (supposedly) but the code you actually see them write is first-year stuff. And the bugs are first year stuff. They hoard code, lots of code, basically like it's pron.
    They are the code thieves. And it's all too common.
    They''ll steal from anything, linux or you, cut and paste and claim its theirs. And the worst part is that they suck, can't fix anything by themselves, the simplest bugs over, and over again.
    Recently, I've begun to think there is some code thief black market, where someone sells
    a system backup tape for a university to some sorry software contractor corp.
    And they get all kinds of code, and all kinds of bugs, ands its wierd that this huge corp. multimillion dollar corp, was insisting the problem was on our end -when in fact, its a bug on their end that anyone could have made as a first-year in CS unix programmer: that I remember making (and fixing), and its so wierd that this was a stumper for them.
    Which made me conjure up visions of someone stealing a server backup tape from campus, and meeting on some foggy bridge to make the 'drop'. A snapshot of all that student code, with all those student bugs, but not the student brains to fix them.
    (*shakes head with wry grin*)

  193. another funny option by oomcow · · Score: 1

    https://secure.castle.org.uk/cgi-bin/ctlor.pl

    their order page only requires that the cardholder's name and e-mail addresses be filled out. i can only imagine how many computers bill gates could afford. ;)

  194. IT's simple. by mindstrm · · Score: 1

    You are not enforcing the GPL because it's not in play.
    What you are enforcing is copyright. Period.

    You can't violate a license you never agreed to.

    1. Re:IT's simple. by Performer+Guy · · Score: 1

      You're a fool. The terms of this copyright is the GPL. It's *license* is the GPL, that's a *copyright* license that says you can use the software under certain conditions. By definition the testing of the GPL is a test of whether it is a watertight license withing the bounds of copyright law.

    2. Re:IT's simple. by Anonymous Coward · · Score: 0

      From the GPL, section 5.

      Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License

      So they did agree to it.

      So it is enforcable. Period.

  195. You are just mixing words. by mindstrm · · Score: 1

    Obviously I meant "use the code in your own product" or "in a manner that copyright doesn't allow". Not "use the product".

    If I think you are using my code in your product, that's illegal. If you turn around and point out that you have a license to do so via the GPL, I am wrong. If, on the other hand, you ignored the GPL, you ARE using it illegally. Copyright law says so.. and I can seek restitution... that's pretty straightforward.

    The GPL is not a use license; you aren't required to accept it in order to use or play with the code or the software; it is merely a way you can gain the legal right to re-distribute the code or derivitive works, something that standard copyright law would forbid.

    Nice troll.

  196. Do not contact them next time. by Wolfier · · Score: 1

    Just sue them the first time round. Don't give them any chance to take away the "signature".

  197. Re:They have nerve by Anonymous Coward · · Score: 0

    Posting as AK, yes, I realise that.

    > And don't you feel bad AT ALL that your beloved RISC steals code?

    FFS, get your facts straight. RISC is a type of computer architecture. Computer architectures cannot steal code. Many different companies have licensed RISC OS and it is one particular flavour that is currently involved in this dispute. It has _not_ been proven that Castle Technology Ltd have done anything wrong. Show us otherwise.

    It is not stealing to read Linux code and to learn how to write drivers, then go off and create your own, unless the code in question is patented, which it isn't. Copyright protects significant portions of code from being plagiarised.

    It is not stealing to release a RISC OS driver under the GPL. A driver is a separate and distinct piece of code from the operating system.

    Fool.

  198. The owner of a copy by yerricde · · Score: 1

    When you buy a SW package - you may or may not own it, but not the rights to the actual code (unless specified).

    The typical EULA states that "You own the disc in which the Program is fixed, but the Author retains title to the Program itself."

    17 USC 101, which defines terms used throughout copyright law, states:

    ''Copies'' are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term ''copies'' includes the material object, other than a phonorecord, in which the work is first fixed.

    So in other words, the disc purchased from the publisher is a copy of the program, and the person who buys a software package from the store is an "owner of a copy" unless the software is part of a rental or lease agreement. By stating that "You own the disc in which this Program is fixed", the copyright owner disclaims any rental agreement.

    DISCLAIMER: I am not a copyright lawyer. Nothing you read on Slashdot is legal advice.

    --
    Will I retire or break 10K?
  199. Wrong by mericet · · Score: 1
    Copyright law does not allow this, if they want to they can look at the source code and imitate (which is much more than a proprietary OS would give them - forcing them to reverse engineer), but copying anything is not legal.

    Fair use means they can publish an article which contain quotes from the code, not that they can use it in their products without permission.

  200. Re:Information wants to be free-Free willy. by debest · · Score: 1

    Thank you. Obviously, I can't speak for the people who are hypocrites on this site, so I'll simply agree that it is a bit annoying to see the imbalance when you are reading at a high mod filter. (I swear, if you can stand the chaff, you get some very reasonable comments at 0 and -1).

    Civil disobediance is, I believe, perfectly warranted behavior when the rationalle is just. Agreed, defending copyright in the digital age is not as earth-shatteringly important in the grand scheme as issues like racial equality, but I would argue that even if the DeCSS code very existance is considered illegal, I would still wear the T-shirt proudly! Your statement was "two wrongs don't make a right": in the majority of civil disobediance cases, the "wrong" committed by the rights activist is intentional, to show the ludirous nature of the illegality of the act, to show that it was not "wrong" at all.

    Finally, on the GPL. My point was not that copyright itself would be found to be faulty (which I actually don't believe would be that massive a disaster for everyone, but guaranteed would be for existing big business interests). My point was that the licence that modifies the default copyright restrictions may be struck down. Yes, this would screw up the legality of Linux distros in the short term, as everyone who wrote code would have to be contacted for permission. But more to the point, it would be open season on challenges to EULA licences as well.

    --
    Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  201. monkeys and management by midgley · · Score: 1

    The key point is that you do something to _all_ the monkeys, not just the one that goes for the banana.

    Usually a firehose - all primates dislike being hosed with cold water.

    So later, when the new monkey comes in, sees breakfast and goes to climb up and get it the _other_ monkeys stop him.

    Next time a monkey is replaced, he joins in.

    Iterate...
    After a while no monkey has been hosed down with a firehose, but all know that you don't go after those bananas.

    I've usually seen the story used as an illustration of management rumours propagating, in fact as an explanation for why the NHS is so bad at getting IT into action - mention Wessex Regional Health AUthority and see managers develop prior engagements.

  202. Except that... by Anonymous Coward · · Score: 0

    ...BSD is dying!
    Heh.

    A troll a day keeps the karma away.

  203. Did anyone read Castle's Technologies reply? by swbozo · · Score: 1
    I wonder if anyone else read the press release that Castle Technologies Ltd had Russell King post to lkml:

    From the press release:

    For the avoidance of doubt, the hardware abstraction layer (roughly analogous to a PC's BIOS) has it's PCI allocation and bridge setup based in part on the following functions from the Linux kernel sources...

    Any company or individual wishing to receive a copy of the source code to this component should apply in writing to:

    The Managing Director
    Castle Technology Ltd
    Ore Trading Estate
    Woodbridge Road
    Framlingham
    Suffolk
    IP13 9LL

    enclosing a formatted 3.5" floppy diskette and return postage stamps, or international reply coupons for those outside the United Kingdom.

    It looks like the HAL does use GPLed Linux code, and that they are, in fact, complying with the GPL by making the source available via postal delivery.

  204. A bit of a gray area by ahunter · · Score: 1

    RISC OS has a fairly unusual design, heavily derived (due to funding shortages, apparently), from the MOS of the BBC Micro. Part of that design was based on the concept of 'Sideways ROM' (and later Sideways RAM), a simple mechanism that allowed extension of the operating system.

    RISC OS uses modules, the design being *heavily* based on the old BBC Sideways ROM design (extended with various new features, most notably support for the SWI system). Most modules can be removed temporarily with *RMKILL, and ROM modules can be removed permanently with *UNPLUG. Last I used RISC OS (version 3.6), it consisted of about 186 modules, one of which (UtilityModule) contained the kernel, and was just about the only one that couldn't be removed.

    Now, the press release is not that clear, but it does imply that Castle have used the GPL code in a module seperate from the main kernel (which would be consistent with RISC OS design). It's quite likely, therefore, that it can be *RMKILLed to unload it or *UNPLUGged to stop it from loading. If so, this is *in no way* a GPL violation: the GPL provides a specific exception for external programs that merely link to operating system code. That's why cygwin can distribute binaries without owning the rights to Windows source code. There would also be a strong case to argue in that case that the code is a seperate work from the RISC OS kernel. Modules can also be soft-loaded from disk, which allows a considerable portion of RISC OS to be upgraded 'in the field': it's likely that this module could be saved out from ROM and loaded from disk as required (which implies that it is seperate. The GPL doesn't apply to everything that's stored on the same storage medium, whether that medium is magnetic disk or ROM)

    (I could be more sure if I could actually get a look at the code in question, but Castle do seem to be doing the bare minimum required to comply with the GPL, if they are at all). It's likely that the code intercepts OS calls and replaces them with its own (if it interacts with the kernel at all).

    An important question with the GPL is where its influence ends. In order that GNU software could be run on proprietary operating systems such as those it was originally written on, it has an exemption to allow a GPL binary to contain operating system code (with a fairly broad definition of what constitutes operating system code) without that code itself being covered by the GPL.

  205. the GPL is a bigger win by sacrilicious · · Score: 1
    On the other hand, If you choose GPL, you are aiming to restrict people's rights, so you need to be ready to be a policeman if people try and operate outside those restrictions.

    A few points:

    • With regard to what an individual developer can do with a piece of code, note that the GPL is only "restrictive" when compared to a license like BSD. If instead you compare the GPL to "copyright", which is what the vast majority of created works are under (both code and non-code), the GPL is enormously liberating.
    • And, to see the issue solely in terms of an individuals's experience is to miss the larger point. By imposing the "restriction" that source code must be published with binaries, the GPL unrestricts every other programmer in the world who otherwise would never get to see that modified code at all.
    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  206. Last Post! by alpg · · Score: 0

    A certain monk had a habit of pestering the Grand Tortue (the only one who
    had ever reached the Enlightenment 'Yond Enlightenment), by asking whether
    various objects had Buddha-nature or not. To such a question Tortue
    invariably sat silent. The monk had already asked about a bean, a lake,
    and a moonlit night. One day he brought to Tortue a piece of string, and
    asked the same question. In reply, the Grand Tortue grasped the loop
    between his feet and, with a few simple manipulations, created a complex
    string which he proferred wordlessly to the monk. At that moment, the monk
    was enlightened.

    From then on, the monk did not bother Tortue. Instead, he made string after
    string by Tortue's method; and he passed the method on to his own disciples,
    who passed it on to theirs.

    - this post brought to you by the Automated Last Post Generator...