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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."

118 of 745 comments (clear)

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


    Let's see if the goat has teeth!

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

      Yeah, thats the solution to everything. Sue.

    4. 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!
    5. 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.

    6. 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.
    7. 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

    8. 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.

    9. 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.
    10. 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.
    11. 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
    12. 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.

    13. 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.
    14. 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.

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

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

      --

      Liberty.

    16. 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.

    17. 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.
    18. 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
  3. 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

      @=

  4. 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
  5. 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.

  6. 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.

  7. 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
  8. 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

  9. 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 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.

    3. 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.
    4. 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.

  10. 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.

  11. 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 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.

    2. 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.

    3. 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.

    4. 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

    5. 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.

    6. 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

  12. 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 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

    2. 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.

    3. 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:Pirates! by wcmcgr · · Score: 4, Funny

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

  14. 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...

  15. 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.

  16. 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).

  17. 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

  18. 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 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.

  19. 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?
  20. Re:Pirates! by wcmcgr · · Score: 2, Funny

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

  21. 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 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!

    2. 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.

    3. 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.
  22. 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.

  23. 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

  24. 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. :-)

  25. 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 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!
    2. 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.

  26. 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...

  27. 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.

  28. 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.

  29. 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).

  30. 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.

  31. 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
  32. 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.

  33. 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.

  34. 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 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).
    2. 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.

  35. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  36. 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.
  37. 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 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
  38. 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.
  39. 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?

  40. 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

  41. 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.

  42. 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 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.

    2. 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
    3. 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.
  43. 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.

  44. 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

  45. 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).

  46. 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.

  47. 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
  48. 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 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.

    4. 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.

    5. 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!
  49. 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.

  50. 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.

  51. 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.

  52. 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.

  53. 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 ...

  54. 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?
  55. 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?
  56. 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.

  57. 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.
  58. 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.

  59. now if only by W0lphAU · · Score: 2, Funny

    If only we cold discover linux source being used by microsoft. The war would be won.

  60. 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.

  61. 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..."
  62. 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...

  63. 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.

  64. 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
  65. 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!)

  66. 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
  67. 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!