Slashdot Mirror

← Back to Stories (view on slashdot.org)

Castle Technology UK Ripping off Kernel Code?

Posted by chrisd on from the bad-company-no-cookie-for-you dept.

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."

4 of 745 comments (clear)

  1. 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.
  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: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.

  4. 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.