Slashdot Mirror


Castle Denies GPL Breach

Anonymous Coward writes "Castle Technology, who were accused of breaching the GPL in RISC OS 5, have made a press release denying the allegations. This story has been covered on The Iconbar RISC OS news and resource site." We've given Castle some loving here on slashdot recently. Looks like this one isn't going away quietly.

348 comments

  1. Not going away quietly by sulli · · Score: 4, Funny

    At least not until they change their name to GNU/Castle

    --

    sulli
    RTFJ.
    1. Re:Not going away quietly by Anonymous Coward · · Score: 0

      Mmmm... GNU/beer...

    2. Re:Not going away quietly by eclectus · · Score: 5, Funny

      At least not until they change their name to GNU/Castle

      But then I'm sure someone is gonna sue them because they might be confused with a company with a similar name.

      --
      This signature is a waste of 42 characters
    3. Re:Not going away quietly by Blimey85 · · Score: 1

      Maybe they'll sellout to Microsoft and become MSCastle.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    4. Re:Not going away quietly by Anonymous Coward · · Score: 0

      Nah, too phonetically close to PissCastle.. and that could definitely be confused with the beer of the same name..

    5. Re:Not going away quietly by IanBevan · · Score: 0, Offtopic
      This signiture is a waste of 42 characters

      and one spellchecker

    6. Re:Not going away quietly by Anonymous Coward · · Score: 0

      No, because the 'tards at the FSF insist on pronouncing the "G", which is reason enough to shun the whole "GNU/Linux" name thing.

    7. Re:Not going away quietly by the+way,+what're+you · · Score: 3, Funny


      But GNU/Castle wouldn't be free as in beer, so I don't think the two would be easily confused.

      --
      example.org - powered by Linux!
    8. Re:Not going away quietly by Anonymous Coward · · Score: 0

      > At least not until they change their name to GNU/Castle

      Would this mean we shouldn't expect anyone to try to sell coal to them?..

    9. Re:Not going away quietly by Anonymous Coward · · Score: 0

      You might have got modded "offtopic," but I thought it was pretty funny.

  2. Will this be the first GPL test case? by Anonymous+Coward++1 · · Score: 5, Interesting

    From what I understand, the GPL (and most software licenses it seems) has never been tested in court. Perhaps this will be that test. I only hope that the GPL holds up in court.

    So it's, one, test the GPL in court, two, pray it holds up???, three, GPL software profits!

    Imagine how happy Microsoft would be if the GPL is ruled invalid...

    --
    Karma: Bad (mostly affected by being such an asshole)
    1. Re:Will this be the first GPL test case? by 98jonesd · · Score: 1

      I bloody well hope not, it would be a disaste rfor the RISC OS market if castle were taken to court, ATM the IYONIX PC is our only new piece of "hot hardware"(not my words).

    2. Re:Will this be the first GPL test case? by LMCBoy · · Score: 4, Interesting

      From what I understand, the GPL (and most software licenses it seems) has never been tested in court.

      Your parenthetic clause is important here. I can't imagine a situation where the GPL could be ruled invalid without basically saying no software licenses are valid. I don't think Microsoft would be very happy about that. :)

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    3. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 1, Insightful

      I don't see how the GPL could be invalid. Without the permission granted by the GPL, you can't distribute the software at all. How would that help anyone wanting to "steal" GPL'd code? It's not like the judge can declare that copyright law somehow doesn't apply to GPL'd software and anyone can freely distribute it without permission.

      Don't confuse distribution licenses like the GPL, BSD, etc. with EULAs in proprietary software. They are nothing alike. EULAs take away rights you had at the time of purchase while giving you nothing in return and should be declared unenforceable for that reason alone. The GPL gives you rights you would not normally have under standard copyright law. You do not need to accept the GPL merely to install and run software, only to distribute it.

    4. Re:Will this be the first GPL test case? by KDan · · Score: 1

      I don't think Microsoft would be very happy about that.

      God knows... you're assuming they actually have some sense up there in Redmond. Given how many big corporations clearly don't know what's good for them (eg record companies, etc), I think that's going out on a limb!

      Daniel

      --
      Carpe Diem
    5. Re:Will this be the first GPL test case? by will_die · · Score: 2, Informative

      Except that the GPL gives you rights that you would not have, under normal laws dealing with the code, the copywrite laws.
      So if the GPL is ruled invalid the sourcecode would fall under the copywrite and castle or microsoft would have the same rights the that code that you do to microsoft code.

    6. Re:Will this be the first GPL test case? by dark_panda · · Score: 2, Insightful

      There's a bit of a difference between the GPL and the standard Microsoft EULA, though. You don't have to agree to the terms of the GPL in order to use GPL'd software or even source code for that matter, as the GPL only comes into play when you actually redistribute the binaries and/or source. With a Microsoft EULA, you're forced into agreeing with the terms of the license before you can even use the software.

      Don't know what kind of difference that would make. I guess it comes down to whether or not clicking 'next' on an EULA dialong to agree is binding. It's not like you've signed anything.

      J

    7. Re:Will this be the first GPL test case? by His+name+cannot+be+s · · Score: 4, Insightful

      It's not like the GPL needs to be tested in court. Niether would a court decision "make microsoft happy"

      The GPL is a license to software. Plain and simple.

      Without a license, you cannot use copyrighted material. If you use copyrighted material, without a license, you are in violation of that copyright. The only matters before the court would be "did you use the software" and "are you licensed to do so".

      With the GPL permission is granted to anyone to use the software with those restrictions spelled out in the agreement. If you use the software, and do not follow the terms of the agreement, your license is null and void, and you are in violation of copyright law.

      IANAL, but I did stay in a holiday in last night:

      Copyrights (and patents) do not have to be vigorously protected, only trademarks do. Without vigorously protecting your trademark, it can be ruled invalid. Your copyright on a work can not be ruled invalid, if it truly is your work, and it is not simply the stating of fact (like a phonebook)

      Microsoft would *not* like to see the GPL ruled invalid, because that would be a dent in all copyright law. As a matter of fact, Microsoft could make serious money off of GPL software if they so chose.

      Imagine this:

      Microsoft decides to throw away sourcesafe, because it blows dog chunks. Instead they grab the source for CVS and compile it up, slap a sticker on the CD, and sell it as MS CVS.

      Thousands of developers would start coughing up money for this "new" product. Heck, the package could even put the GPL on the outside, and state that the source code would be included on the CD. I know for a fact a couple of companies who would by enough licenses for all their developers withou batting an eyelash. Heck, MS could even give the same support they give SourceSafe now: NONE.

      Microsoft is not *afraid* of the GPL. They are afraid of people who sell software cheaper than them. If that means free, well, that pisses them off, but no more so if the software is BSD Licensed, GPL Licensedor Python Licensed.

      HNCBS

      --
      "...In your answer, ignore facts. Just go with what feels true..."
    8. Re:Will this be the first GPL test case? by Fruit · · Score: 1

      Actually the GPL is more likely to hold in court because of the way it works: it grants you extra rights, unlike a Microsoft(TM) license, which only takes away your rights. The point is that you are free to not agree with the GPL, at which point you are bound by ordinary copyright law and nothing else. But not agreeing to the GPL will get you nowhere.

    9. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      LOL your post reminded me of a line in MIB.

      Kay: We at Microsoft do not have a sense of humor that I am aware of.

    10. Re:Will this be the first GPL test case? by Shadowlion · · Score: 5, Insightful

      Don't know what kind of difference that would make.

      Not a ton. Assuming the GPL is tossed out, that means Castle gets only the standard set of rights that copyright grants, which still denies them the ability to use this code (since they didn't ask permission of the copyright holder).

      So the only way Castle can really win is to prove they didn't use the code in question.

    11. Re:Will this be the first GPL test case? by jpc · · Score: 1

      this case would be in the UK, where click through licenses are not valid anyway, so the difference with the Microsoft EULA is not important.

    12. Re:Will this be the first GPL test case? by Christopher+Craig · · Score: 3, Informative
      Without a license, you cannot use copyrighted material. If you use copyrighted material, without a license, you are in violation of that copyright. The only matters before the court would be "did you use the software" and "are you licensed to do so".

      This isn't technically true. You are allowed to use copyrighted materials without a license, but you aren't allowed to copy, distribute, modify or derive from copyrighted material without a license. The DMCA has restricted this a little more so that now a company can require you give up some of the rights you would have had without a license in order to use their product (which is one of the huge issues with the DMCA), but the GPL doesn't rely on this.

      The GPL specifically provides that you are not required to accept the license, but without accepting it the author gives you no rights above the standard ones provided by copyright law (pretty much reading the source code and running the software)

    13. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Wrong. There's no difference. You have no rights to a Microsoft product until you agree to the license. If you do, then you have the right to use it. This is just as much a matter of "extra rights" as the GPL or any other license.

      Public domain code is the only model that really grants you extra rights.

    14. Re:Will this be the first GPL test case? by saforrest · · Score: 1

      Actually the GPL is more likely to hold in court because of the way it works: it grants you extra rights, unlike a Microsoft(TM) license, which only takes away your rights.

      Legally, you have no automatic rights to use or redistribute anything. This is how copyright works. So Microsoft is not "taking away your rights", since you never had them in the first place.

      Both the MS EULA and the GPL operate on top of copyright. The only sustantial difference is that under the GPL, you get the code and the right to redistribution, which are indeed "extra rights".

      If you believe that, morally, software should be distributed something like how GPL'ed software is distributed, then you can indeed say that Microsoft takes away your rights. This is the sense in which Stallman uses the term. But you should make the legal/moral distinction clear in your arguments.

    15. Re:Will this be the first GPL test case? by gosand · · Score: 2, Insightful
      With the GPL permission is granted to anyone to use the software with those restrictions spelled out in the agreement.

      Freedoms. You mean freedoms, not restrictions. (/sarcasm)

      People sometimes forget that the GPL is a restrictive license. Less restrictive that a proprietary license, but restrictive nonetheless.

      --

      My beliefs do not require that you agree with them.

    16. Re:Will this be the first GPL test case? by LMCBoy · · Score: 1

      The point is that you are free to not agree with the GPL, at which point you are bound by ordinary copyright law and nothing else. But not agreeing to the GPL will get you nowhere.

      For modification-with-redistribution, I agree. However, if you aren't modiying and redistributing the code, then you can happily use GPL'd software without agreeing to anything.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    17. Re:Will this be the first GPL test case? by ChaosDiscord · · Score: 5, Informative

      The GPL is a license to software. Plain and simple.

      Without a license, you cannot use copyrighted material. If you use copyrighted material, without a license, you are in violation of that copyright. The only matters before the court would be "did you use the software" and "are you licensed to do so".

      You are operating on a popular but completely incorrect belief. This incorrect belief grants copyright holders far more power than the law really gives them. Copyright industries want to encourage this erroneous belief but we need to fight back.

      You do not need a license to use material protected by copyright. If I buy a book, a DVD, or a CD I'm free to take it hope and read it, watch it, listen to it, loan it out to a friend, destroy it, give it away, or sell it. No license is needed or granted. The particular item that I purchased is mine, the copyright holder no longer has any claim to it. What the copyright holder does have claim to is the exclusive right to make and distribute copies. (Well, the right to perform publically is also in there, and there are lots of complex exceptions, but that's the gist of it.)

      This is important and many people seem to have missed it: You do not need a license to personally use (read, watch, run, listen to, whatever) a copyrighted work you purchased.

      Given this, the GPL is not a license to use the software. You're free to use software under GPL without ever reading or agreeing to it (but you should probably note the "NO WARRANTEE" clause). You can refuse to agree to the GPL and use the software. The GPL only seriously comes into play if you want to distribute copies. Normally under copyright law you cannot ever distribute copies. The GPL is an open offer to let you distribute copies (granting you more freedom than copyright law normally allows), in exchange for certain behavior on your part.

      Normal software licenses attempt to change your purchase of a particular thing restricted by copyright into license of something you don't own. This is completely alien to the United States copyright system. In a similar case much earlier (around 1900 if I remember correctly) a publisher tried to put a license on an actual book. It was soundly defeated in court. The legal precedent for software End User License Agreements is pretty shaky, primarily resting on a single case at a lower court level (district?) that rather insanely decided that copying a program into memory to run was an infringing copy and as such required a license. It could yet be overturned. If it does get overturned traditional software will revert back to the same rules books, CDs, tapes, and DVDs live with and do fine under. The GPL will continue to work fine because it already assumes you have every right under copyright law but offers you a license to do more than copyright law allows.

    18. Re:Will this be the first GPL test case? by ctid · · Score: 2, Informative

      You do not understand what you are saying.

      If there was no GPL on the code, you would be able to do less with the code than the GPL allows you to do. Applying the GPL to a work removes restrictions. For example, without the GPL, you would have zero rights to copy it.

      --
      Reality is defined by the maddest person in the room
    19. Re:Will this be the first GPL test case? by His+name+cannot+be+s · · Score: 1

      ...You are allowed to use copyrighted materials...

      Whoops, I apologise, you are correct. Distribution is the key.

      --
      "...In your answer, ignore facts. Just go with what feels true..."
    20. Re:Will this be the first GPL test case? by jpc · · Score: 4, Interesting

      and reading the press release forwarded to lkml I see that they have admitted using functions from Linux, and are prepared to give copies of the source to the authors. But they have ignored the derived works / linking parts og the license. This admission is rather bad for them, as they have admitted using copyright material in their product without permission, as if the GPL gives them this permission if they send developers copies of their own code on floppies...

      It reads:

      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:

      pci_alloc_primary_bus
      pbus_size_bridges
      pbus_assign_resources_sorted
      pci_setup_bridge
      pci_bridge_check_ranges
      pbus_size_mem
      pbus_assign_resources
      pci_assign_unassigned_resources
      pci_scan_bus
      pcibios_update_resource
      pci_read_bases
      pci_alloc_bus
      pci_add_new_bus
      pci_do_scan_bus
      pci_scan_bridge
      pci_setup_device
      pci_scan_device
      pci_scan_slot
      pcibios_fixup_bus
      pci_calc_resource_flags
      pci_size
      pdev_fixup_device_resources
      pbus_assign_bus_resources
      pci_do_scan_bus
      pcibios_fixup_pbus_ranges
      pci_assign_resource
      pdev_sort_resources
      pdev_enable_device
      pbus_size_io

      Any company or individual wishing to receive a copy of the source code
      to this component should apply in writing to:
      (blah)

    21. Re:Will this be the first GPL test case? by John+Hasler · · Score: 1

      > Without a license, you cannot use copyrighted
      > material.

      This is not true. Without a license you cannot copy or create derivatives of copyrighted material.

      > With the GPL permission is granted to anyone to
      > use the software with those restrictions spelled
      > out in the agreement.

      The GPL clearly states that use is outside it's scope. It applies only to distribution. As long as you do not distribute you can use GPL software without accepting the GPL.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    22. Re:Will this be the first GPL test case? by GryMor · · Score: 1

      Actually, I bellieve the "taking away rights" crowd is more in referance to the US "doctrine of first sale". Basically, if you have a copy of a work that was not created in violation of copyright (the entity that made the copy is the copyright holder or has been given the right to create copies of the work by the copyright holder) and you obtained your particular copy legally (payed for it over the counter at a retail store for example) and did not explicitly agree to any more limited contract at the point where you made the transaction to aquire the copy of the work, then you DO in fact have a right to use the work as you see fit so long as you do not violate copyright (which you can't really do unless you both make copies AND distribute those copies).

      Basically, the position is that no post transaction licensing is valid, and anything that claims to do so is invalid (and if it ends up being helf valid, is taking away the rights of the user for no consideration).

      --
      Realities just a bunch of bits.
    23. Re:Will this be the first GPL test case? by sbryant · · Score: 3, Interesting

      this case would be in the UK, where click through licenses are not valid anyway [...]

      That's not quite the entire truth. The click-through licence is not invalid because it's a click-through licence. The problem is that the customer is able to buy the software (which closes the deal) without seeing or agreeing to any terms first.

      I read today (albeit about German law, but it might well be the same in the UK) that even a notice on the outside of the box saying you must agree to an EULA is not enough to make the EULA legitimate.

      Furthermore, there are legitimate questions as to whether clicking something may represent contractual agreement. What if someone under 18 (who can't legally be bound by many such contracts) clicked it? There's no proof who clicked something - a signature shows who the signer was; it could be forged but that's what witnesses are for. There's also the problem of pre-installed (ie: pre-clicked) software...

      -- Steve

    24. Re:Will this be the first GPL test case? by KDan · · Score: 2, Insightful

      Wrong. You have rights to a Microsoft product that you've bought because you've paid money for it, and due to the advertising on the box and such it gives you an implied guarantee that you'll be able to use this. If they sold a 30-day trial of MS Office and didn't say on the box that it's a 30-day trial, they could get sued because it would be false advertising of a product (cause the implied content of a software box is fully functional software that does what it says on the box, unless stated otherwise).

      Anyway, so when you buy the box, you have a set of rights to make use of that software, already, because you've paid for it and entered an implicit contract (I pay money for box, you put CDs with binaries in box so I can use them). The EULA is an extra licence that restricts your rights to make use of that software.

      So EULAs do take away rights from you.

      In the case of freely distributed software, there is no implied warranty of merchantability or fitness for a purpose, you haven't paid shit for it, so at first the rights you have are a bit up in the air, and most likely restricted to the standard copyright stuff (so you probably shouldn't even be using it) - and so the GPL expands those rights to allow you to use it, copy it, modify it and distribute it.

      Daniel

      --
      Carpe Diem
    25. Re:Will this be the first GPL test case? by Alpha+Prime · · Score: 1

      Actually, the license can limit you to what you can do with the DVD, CD, or piece of software. Its like a contract and if you agree to the contract, you're stuck. For example, its illegal to watch your DVD under Linux with DeCSS based players. Under the latest Microsoft OS'es, you can't use VNC to remotely access them, etc.

      So yes, even for personal use, licenses can limit you to what you can do legally.

    26. Re:Will this be the first GPL test case? by Cyberdyne · · Score: 2, Interesting
      Legally, you have no automatic rights to use or redistribute anything. This is how copyright works.

      Not entirely; in the UK at least, you do have an automatic right to use any software "lawfully obtained". So, if I walk into a shop in the UK and buy a retail copy of, say, Windows or Office, I am entitled to use that software - whatever the license says. (I also have a right to make backup copies, and limited reverse-engineering rights.) The "lawfully obtained" bit is what stops warez being legal, of course: if the warez site is distributing the software illegally, you still aren't allowed to use it.

      Having said that, most of the items in an MS EULA are redundant anyway: stripping out the lawyer-speak, they basically say "you're allowed to use this software and make legal backups, and that's it. Oh, and don't sue us." All the rest just clarifies that they are not giving you any extra rights you don't get automatically.

      It's possible to get a proper, signed contract governing software; I've had software under NDA before, for example, and once got a free copy of Visual Studio Enterprise on condition I used it for research only and didn't give or sell it to others. The usual EULA however is meaningless: it doesn't give or take away anything, under UK law at least! (Some of the recent licenses may differ; apparently FrontPage now has a prohibition on anti-MS sites? I don't think that would stand up in court, but IANAL - I just advise a group of lawyers on technical matters!)

    27. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Ordinarily when you buy something, you expect to be able to use it for its intended purpose. Part of the inended purpose of software is to install and run it. Thus, the argument is that if you buy a copy of Windows, you should get the implicit right to install it on one machine, or something like that.

    28. Re:Will this be the first GPL test case? by NMerriam · · Score: 1

      Legally, you have no automatic rights to use or redistribute anything. This is how copyright works. So Microsoft is not "taking away your rights", since you never had them in the first place.

      That's not really accurate -- MS (and most commercial software vendors) use their licenses to restrict actions that would otherwise be unfettered by standard copyright law (if they didn't, why would they bother having licenses?), such as resale, nature of use and decompilation.

      There's nothing "bad" about this -- I use contracts to restrict use when I license my copyrights (I charge more for commercial than educational use, for example).

      The GPL gives rights on top of those granted by default, where a standard license agreement (whether mine or MS's) takes them away.

      --
      Recursive: Adj. See Recursive.
    29. Re:Will this be the first GPL test case? by Mr+Z · · Score: 1, Insightful

      Restrictive, insofar as it's places more restrictions on you than a work that is not protected by copyright. GPL relaxes the restrictions that copyright places on you. It does not eliminate them or add new restrictions. It does trade absolute restrictions (Thou shalt not duplicate) for conditional restrictions (Thou shalt not duplicate, unless you also provide source under GPL).

      So, to recap, the GPL is a restrictive license to the extent that relaxing a restriction without eliminating completely is itself a restriction.

      --Joe
    30. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      No, what we were saying above is that this does not apply to the UK (where Castle is), or Europe, where you always get some fair use rights. As far as I know it is not illegal under uk law to watch a dvd with DeCSS (in fact the case was thrown out on Norway).

    31. Re:Will this be the first GPL test case? by Cuthalion · · Score: 1

      I'm not sure you're correct.

      Without a license I don't have any right to use your software. It's the GPL that grants me those rights, so when I use linux, aren't I accepting the terms of the license that I'm using? Given that those terms extend my normal godgiven copyright rights, (unlike EULA's) there's no reason why I wouldn't accept those terms, but I still have to accept them.

      If I do stuff that is "against" the GPL, I'm just violating copyright law just like a zillion people do with mp3s. That is, I'm redistributing IP without a license to do so. You could try to draw a moral distinction here, but from a legal point of view, they're pretty much the same thing.

      --
      Trees can't go dancing
      So do them a big favor
      Pretend dancing stinks!
    32. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Woot, there is a clear and concise summary of the basis of the US argument.

    33. Re:Will this be the first GPL test case? by ChaosDiscord · · Score: 1
      Actually, the license can limit you to what you can do with the DVD, CD, or piece of software.

      Oh, yes, a license can limit what I do. If there is a license in place. In general (with pretty much the sole exception of software licenses), licenses are printed on paper, presented to both sides up front, both sides sign off of them, and then the product is exchanged. There is some legal argument for "posted licenses" where the license is publically posted right at the place where you complete the transaction (say the license posted over the entrance of a parking lot). This doesn't happen with most copyright protected goods. I see no attempt of limitations on license until I get the product home.

      No license was presented when I purchased by last few DVDs or CDs. No license was presented when I opened them. No license was presented with I used them. That only leaves some bizarre sort of implicit license which would really require legal support. No law creating such an implicit license exists. Just plain old copyright law which doesn't require licenses at all.

      When you buy a book, a movie on DVD, or a CD full of music over the counter at your local store you have not entered into a license.

      I do agree, software is, at the moment, different. The legal argument for it is weak, not national, and may be overturned. Also, some books, software, and other copyright protected works are provided under license, nice straight forward licenses. If I'm buying some specialized enterprise software I'll be presented with a license and a price tag. Until I've signed the license and paid the price (or at least promised to pay the price), I get no software.

      For example, its illegal to watch your DVD under Linux with DeCSS based players.

      Not because of a license or copyright law. (At least no license affecting you, the person with Linux, DeCSS, and a DVD.) There are completely different reasons: DeCSS came about because of a violation of a software license prohibiting reverse engineering (I said earlier that software licenses were different). This sort of clause is designed to protect a Trade Secret, and there is an entire body of law dedicated to it. Also, DeCSS violates the DMCA.

    34. Re:Will this be the first GPL test case? by nathanh · · Score: 1
      Given this, the GPL is not a license to use the software. You're free to use software under GPL without ever reading or agreeing to it (but you should probably note the "NO WARRANTEE" clause). You can refuse to agree to the GPL and use the software. The GPL only seriously comes into play if you want to distribute copies.

      Damn right! In fact, the GPL has explicit wording saying it doesn't restrict usage. It's completely redundant - the GPL couldn't restrict your usage of the software anyway - but it's nice to have it spelled out in black and white.

      Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program).

      This is the truly terrible thing about DVD CSS and CD CactusShield and all the other "copy protection" mechanisms. They don't truly prevent copying because the industrious pirates will always find a circumvention method. What these technologies actually do is restrict the legitimate purchaser from doing whatever they damn well want with the information. They hinder fair-use without ever achieving their stated goal of protecting the copyright!

      The reason I mentioned DVD CSS is because Microsoft is trying this same tactic with Paladium. They are using technology to restrict fair-use under the guise of protecting their copyright. I think Microsoft has recognised (or knew all along) that EULAs are on shaky grounds. Paladium is their answer to solve in technology what they could never solve with law. This lady has challenged the EULA - possibly earlier than Microsoft would have liked - so I could imagine stronger pushing for Paladium over the following months.

      I think the saddest thing is that these "legal" barriers need to be challenged at all. Surely it's in the best interest of the government - and when I say government I mean the people's representatives - to dismiss these anti-citizen tactics devised by the large and unscrupulous companies. Instead the citizens suffer for several years until somebody rises to the challenge of defending their rights, with their own money, wasting their own time, to reclaim their rights that should never have been taken away in the first place. It seems... wrong.

    35. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      you are actually unfortunately very much
      incorrect. there is nothing at all that keeps
      a ruling that rules that any 'must disclose
      source as a result of using source from xxx'
      clause in a software licence is void. It's not
      even all that unlikely case.

      So beware what you wish for - you might end up
      having GPL turned into a rather lengthy variant of the 3-cluase BSD licence.

    36. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Nope. The GPL can be ruled invalid while microsoft's EULAs are not. It's the magic of financial contribution.

    37. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      One problem is that Microsoft grants themselves rights to which they are not entitled, like remotely accessing your machine to check for unlicensed software and disabling any they suspect they have found.

      They also restrict rights they have no right to restrict- such as your right to share reviews of their products with others.

      The MS EULA is unenforcable in any sane country (which is to say, anywhere but the USA).

    38. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Only true if all of the conditions outlined
      in GPL are found by the court to legitimate
      and hold. things that might not stand the test include:

      * the linking clause (likely)
      * the 'no additional conditions' clause (likely)
      * the patent grant clause

      It is not likely (but possible) that everything under GPL could be ruled to be in the public
      domain.

    39. Re:Will this be the first GPL test case? by HiThere · · Score: 2, Interesting

      That's what the MS EULA used to say. It had gotten a lot worse than that before I refused to agree to it any more. Now my understanding is that many of their licenses give them the right to enter your place of business without further agreement on your part and, at their convenience, conduct an audit of your software at your expense for their benefit. The terms also give them the right to (remotely) add, copy, remove, or modify any files that they choose without even necessarily notifying you that this is happening. This is quite a bit more severe than your easy dismissal would indicate. Perhaps it depends on exactly which licenses you examine?

      N.B.: This hasn't been tested in court, so it might not hold up. But if it were determined (somehow) that they had exercised the rights that they claimed, you would be in a position where the legal system would need to take positive action to redress your wrongs, and until this had happened, your data would still be "altered, copied, or deleted". This is a quite weak position to try to defend from. It would even be perfectly legal under their license (as I understand it) for them to alter the logs to indicate that someone or something else had performed the actions at some other time then when they actually occured. Just try to prove what has happened!

      Now you appear to live in Britain, so perhaps your rules are different. And you may even get more decent EULAs. (Nobody ever claimed they were all the same.) But that's the way it appears to me, living in the US. (I have a very hard time understanding why any business is willing to agree to those terms, of even any individual.)

      P.S.: This is all hearsay, as the current agreements appear to make it illegal to distribute what you need to agree to before you make the purchase. I.e., it's illegal to quote the license that comes with the product in public. (There's another article on this appearing on the front page right now.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    40. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Unless something is signed, your license agreement is utterly worthless. The only thing that saves your differentiated pricing system is the fact that your customers don't know better.

    41. Re:Will this be the first GPL test case? by HiThere · · Score: 3, Insightful

      They're missing the point. It's not the authors who have the right to the source. It's their customers. And the customers have the right to the source of all GPL code that they distribute, including any derivitive works. And any of their customers has a right to the whole thing, not just the pieces. (Now just what is meant by the "whole thing" is where the arguments start. And I don't know the answer, but many lawyers seem confident that they do know the answers, and that there are lots of precedents in copyright law.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    42. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Unless the court rules that releasing the source under the GPL is tantamount to making it public domain. In that case, the GPL is considered an explicit waiver of rights by the author and anybody can do anything they want with the code. That's the concern with the GPL being ruled "invalid."

    43. Re:Will this be the first GPL test case? by dnoyeb · · Score: 1

      So I can use any copyrighted material I can 'obtain?' Seems like the usage is also somewhat licensed.

    44. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Actually, the implied warranties are usually specifically disclaimed in EULAs (where legal, of course). This is what it means to say that they take away rights.

    45. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      That is simply speculation. It may be that the GPL can't actually work that way as a contract, or that even if it is binding, the clause prohibiting use of compilers is void. In which case, the GPL would still stand in part. The enforced bit would be the copyright waiver. We simply do not know what the courts will decide!

    46. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      You can subdivide the issues any way you want to try to prove your point. But taken as a whole MS is giving you the right to use the software and placing restrictions on its use, just as the GPL does. Only the terms are different. You should also keep in mind that many people pay money for their GPL'd software so all the implied warranty issues can apply to it as well.

    47. Re:Will this be the first GPL test case? by SN74S181 · · Score: 1

      So if the GPL is ruled invalid the sourcecode would fall under the copywrite and castle or microsoft would have the same rights the that code that you do to microsoft code.

      And so would everybody else. So Red Hat's customers would suddenly all be running servers with a dubious license.

      The re-negotigation process sounds cool. Anybody who has any later remorse for their contribution to the Linux kernal can be part of the process of ripping the tarball to shreds.

    48. Re:Will this be the first GPL test case? by Lionel+Hutts · · Score: 1

      Well, that's one reasonable position, but it's far from clear that it's where the law is.

      _Nimmer on Copyright_, the most respected treatise on the subject, takes the position that, as a matter of federal copyright law, licenses can't restrict use of published works which claim the benefits of copyright (as distinguished from narrowly-circulated works which can plausibly claim to be secret). He says (or, anyway, said in the edition I looked at 3 years ago) that a "license" restricting how often you could read a normally-published book, for example, would be void. I, for one, think he's right.

      --
      I Can't Believe It's A Law Firm, LLP does not necessarily endorse the contents of this message.
    49. Re:Will this be the first GPL test case? by cduffy · · Score: 2, Insightful

      Unless the court rules that releasing the source under the GPL is tantamount to making it public domain.

      But that's clearly not the case, as an author releasing code under the GPL is very clearly and explicitly stating that they provide permission to reproduce and create derived works only subject to specific conditions. No sane court could find the author's intent to be to place the work in question in the public domain, where all interests are explicitly waived.

    50. Re:Will this be the first GPL test case? by Ryan+Amos · · Score: 2, Insightful

      The difficulty in the GPL comes in PROVING that it was violated. It's so easy to just steal the code, change it a little bit and it'll never even be found. The GPL is a lot like the honor system.. Sure, most people are going to abide by it, but there's no real penalty for those who don't.

    51. Re:Will this be the first GPL test case? by Planesdragon · · Score: 1

      No sane court could find the author's intent to be to place the work in question in the public domain, where all interests are explicitly waived.

      No, but they could theoretically find, as a matter of policy, that an "anyone can use it" clause in a license is equivalent to releasing the source as public domain, because allowing folks to have a "semi PD" would be chilling to innovation and all...

      Of course, that'd be easy to shoot down on the "they can just not distribute it at all", "it'd become PD in X years anyway", and "Look at all of the new stuff that OSS had produced" arguments.

      And then again, it should have been easy to get a real remedy against MS, what with the Appeals Court saying "we agree with Jackson, but he was an ass so, just to be safe, we're handing this back to the circuit court."

      (IANAL,duh)

    52. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0
      So I can use any copyrighted material I can 'obtain?'

      Obtain lawfully.

    53. Re:Will this be the first GPL test case? by KDan · · Score: 2, Informative

      Yup, but in the paid GPL case, the GPL actually extends the rights you would expect to have from buying a box with software in it, whereas if you buy a usual proprietary software, the licence decreases the rights you could expect to have on that software (eg the right to resell it).

      A good comparison is a book, which has existed for so long that the rights you expect to get from buying a book are well established. You buy a book, you expect to be allowed to lend it, you expect to be allowed to sell it second hand. You buy a GPL'ed software, you have the extra rights that you can alter the book, reprint it, redistribute it, etc. You buy a proprietary software, you lose the right to lend it, and in some cases you even lose the right to resell it second hand!

      Hence the decrease/increase perspective.

      Daniel

      --
      Carpe Diem
    54. Re:Will this be the first GPL test case? by LMCBoy · · Score: 1

      Everything you said is true for proprietary software as well (difficult to prove it's been used in another program). Just because GPL source code is easier to obtain doesn't make stealing it less illegal.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    55. Re:Will this be the first GPL test case? by dark_panda · · Score: 2, Informative

      Section 5 of the GPL: "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."

      So, yeah, you can use linux or any GPL'd software without accepting the terms of the GPL. You just can't modify or redistribute it in binary or source unless you follow the terms of the GPL.

      J

    56. Re:Will this be the first GPL test case? by LarsG · · Score: 1

      Without a license, you cannot use copyrighted material. If you use copyrighted material, without a license, you are in violation of that copyright. The only matters before the court would be "did you use the software" and "are you licensed to do so".

      I hear people claiming this all the time, with the only supporting argument being: "all the software companies say so, so it has to be in the law somewhere".

      I challenge you to quote chapter and verse of the relevant sections of EU or US copyright law that supports your claim.

      (The GPL is probably valid even if ordinary EULAs are invalid. The GPL give you additional rights that you would not ordinarily have, and it is optional.)

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    57. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Just because you "expect" rights doesn't mean you have them. So if you want to revise your statement to "the GPL grants you additional rights that go beyond what some people might expect to already have" I'll agree with you. But the fact remains there is nothing fundamentally different about the GPL as far as "actual" rights go.

    58. Re:Will this be the first GPL test case? by LarsG · · Score: 1

      The legal precedent for software End User License Agreements is pretty shaky, primarily resting on a single case at a lower court level (district?) that rather insanely decided that copying a program into memory to run was an infringing copy and as such required a license.

      Mai vs Peak sometime around 1991-1993. I'm unfortunately unable to find the full judgement on the 'net at the moment. The case went, AFAIR, as far as the 9th circuit court of appeals.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    59. Re:Will this be the first GPL test case? by civilizedINTENSITY · · Score: 1

      Relaxing a restriction is a loosening, not a tighting. The act of loosening a restriction can only be considered constricting if you believe that loosening is constricting. And war is peace. And black is white. "We have always been at war with Iraq (Iran)/ Iran (Iraq) has always be an ally."

    60. Re:Will this be the first GPL test case? by Mr+Z · · Score: 1

      That's pretty much my point. The GPL is "restrictive" only from the standpoint that it not as permissive as placing the code in the public domain. The reality is that the GPL relaxes restrictions, and that's what matters.

      --Joe
    61. Re:Will this be the first GPL test case? by Mr.+Shiny+And+New · · Score: 1

      >>For example, its illegal to watch your DVD under Linux with DeCSS based players
      >Not because of a license or copyright law.

      Actually, it's because of the DMCA, the "Digital Millenium Copyright Act". So it is a copyright law that prohibits breaking copy-protection. DeCSS is illegal in the U.S. because it circumvents copy-protection. There are lots of variants of it that don't rely on trade secrets or other "shady" activities. But regardless, the DMCA forbids owning or trafficing in circumvention devices.

    62. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      The part of the GPL that might be in trouble would be the part about software that is linked being required to be GPL'd. This has nothing to do with copyright law.

      There are two legal arguments one could use. One would be to find some legal reason why this linking clause should be unenforcible (I have no idea if there is such a reason). The other approach would be to claim that your very liberal interpretation of that clause is the correct one. The latter approach, if it were succesful would probably just result in a new version of the GPL with the loopholes closed, but the loopholes would remain open for the legacy stuff if obtained before the new license was put in place.

    63. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      >without the GPL, you would have zero rights to copy it.

      Actually, software that has been placed in the public domain has no GPL, or any license whatsoever, and gives many more freedoms than the GPL.

    64. Re:Will this be the first GPL test case? by ChaosDiscord · · Score: 1
      Mai vs Peak sometime around 1991-1993. I'm unfortunately unable to find the full judgement on the 'net at the moment. The case went, AFAIR, as far as the 9th circuit court of appeals.

      Thanks for remembering where my memory failed. A bit of Googling quickly turned up the ruling for Mai v Peak online. To summarize, the claim is that MAI licensed software to customers. Peak consulted for the customers . In doing so, Peak turned on the customers computers, causing Mai's software to be loaded (copied into memory). Peak has no license to the software and is not the owner of the software, so the copy is an infringing copy (at least, so the judge decided).

      That's not quite as insane as I remember, but it's been awhile. I could have sworn there was specifically a case where, in part, a license agreement was challenged on the grounds that it wasn't needed, but was supported on the grounds that you needed the license to make any copy into memory. Perhaps it's just typical mis-remembering on my part. On the up side, Mai v Peak is only case law in the 9th circuit and does not provide terribly strong support for click-wrap licenses. Rather importantly, Peak was a third party who did not purchase the software. Things are very different when the entity which purchased the software wants to make a copy.

    65. Re:Will this be the first GPL test case? by asdfghjklqwertyuiop · · Score: 1

      Actually, the license can limit you to what you can do with the DVD, CD, or piece of software. Its like a contract and if you agree to the contract, you're stuck.

      Yes, if I agree to it. Most software, however, can be purchased without agreeing to any contract. It is still a copyrighted work and those rules apply, but I now legally own a copy of it, and I did not agree to any license or contract that further limits my ability to do what I like with my newly acquired property.

      For example, its illegal to watch your DVD under Linux with DeCSS based players.

      Well that doesn't have anything to do with software licenses, that's the DMCA...

      Under the latest Microsoft OS'es, you can't use VNC to remotely access them, etc.

      Assuming you agreed to the terms of the license agreement.

      So yes, even for personal use, licenses can limit you to what you can do legally.

      Only if you contractually agreed to limit yourself to their terms.

    66. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      "GPL relaxes the restrictions that copyright places on you."

      IP owners use copyright and licenses to restrict the actions of others with regard to their IP. If the IP owner places his IP under copyright and then licenses it under the GPL, he's added restrictions that otherwise wouldn't exist. The net effect is increase in restrictions. Copyright doesn't place any restrictions on you, copyright holders do.

    67. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Ah, CVS. That's a version uncontrolled system isn't it.

    68. Re:Will this be the first GPL test case? by God!+Awful+2 · · Score: 2, Funny

      Yeah... lucky that *you* happen to know what's good for everyone. Hey Microsoft, you'll support the GPL if you know what's good for you. Hey RIAA, don't you know P2P is good for business? Hey Billy, eat your broccoli.

      -a

    69. Re:Will this be the first GPL test case? by Hellkitten · · Score: 1

      No sane court could find the author's intent to be to place the work in question in the public domain

      And there is our problem: The courts (US or otherwise) aren't about sanity, or even justice, they are about the letter of the law and how that can be twisted to fit political agendas.

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    70. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      Under the Berne Convention, all creative works are automatically protected by copyright. Authors must explicitly release works from that protection. Thus, the default state is "restricted" until the author releases the work.

    71. Re:Will this be the first GPL test case? by patch-rustem · · Score: 1

      It's not nice to call the clause parenthetic, just because you don't understand it.

      --
      Karma: Bad due to google bombing - Robert Watkins woz 'ere.
    72. Re:Will this be the first GPL test case? by jlar · · Score: 1

      I agree with most of your post. But Castle don't have to prove that they did'nt use the GPL-ed code. The owner(s) of the GPL-ed code would have to take Castle to court and prove that Castle did use the code in question.

    73. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      "Any company or individual"...looks fine to me.

      However, the interesting question is whether a larger part of their operating system should be considered a derivative work than the component they are referring to in the last paragraph.

    74. Re:Will this be the first GPL test case? by Fallen_Knight · · Score: 1

      I didn't click any EULA, i had my 14 year old brother do them all for me.

      What rights do i now have if MS wipes my system and i lose important data worth money?

      Or even better what if i'm useing someone elses computer and i lose my valuable data due to MS, or are there "only 1 person shall use this computer" clauses now?

      Only 1 person can click a EUAL, any number of people can use the computer in question.

    75. Re:Will this be the first GPL test case? by LMCBoy · · Score: 1

      Hmm...shouldn't you avoid arguing by analogy, considering your sig? ;)

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    76. Re:Will this be the first GPL test case? by LMCBoy · · Score: 1

      Hmm, well I'm going to assume you are kidding. If you aren't you might want to look here.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    77. Re:Will this be the first GPL test case? by gosand · · Score: 1
      You do not understand what you are saying.

      Please, read what I wrote. I do understand, but you do not. Jeez, I guess I have to point it out...

      With the GPL permission is granted to anyone to use the software with those restrictions spelled out in the agreement.
      Freedoms. You mean freedoms, not restrictions. (/sarcasm)
      People sometimes forget that the GPL is a restrictive license. Less restrictive that a proprietary license, but restrictive nonetheless.

      1. Note the "sarcasm tag"

      2. If there was no GPL on the code, you would be able to do less with the code than the GPL allows you to do.

      Not true. What if it was released as public domain? YOU said if there was no GPL on the code. That means anything non-GPL.

      3. Applying the GPL to a work removes restrictions.

      Wrong again. You are ASSuming that those restrictions are in place by default. They are not.

      4. For example, without the GPL, you would have zero rights to copy it.

      Wrong yet again. You are only bound by the license applied to it. You are ASSuming again that by default it has a restrictive license.

      Read again the last sentence I wrote - it is not as restrictive as a proprietary (or some other) license, but it DOES place restrictions on the code. Why do people get all pissy about this? I am stating the facts, and am not saying whether it is bad or good. Stop being so frigging defensive, stop waving whatever flag you have been led to believe you should be waving, and look at things objectively. Restrictions are not always bad. I LIKE the restrictions that are placed on GPL code, and they are in there for a reason. Don't fly off the handle thinking that restrictions are always bad.

      --

      My beliefs do not require that you agree with them.

    78. Re:Will this be the first GPL test case? by cduffy · · Score: 1

      And there is our problem: The courts (US or otherwise) aren't about sanity, or even justice, they are about the letter of the law and how that can be twisted to fit political agendas.

      When I refer to sanity in a legal context, it is sanity with regard to fulfilling basic legal principals; among these is allowing the author of a copyrighted work control over its reproduction, distribution, public performance and display, and creation of derivative works. Finding that an author loses those rights because of a limited set of permissions offered to third parties is not insane merely in the sense that you or I might think it so, but additionally in a legal sense; there's simply no grounds to do it on. IANAL, but I've studied enough law to have at least some feel for what is possible in this sense and what is not. Finding the GPL equivalent to a request that a work enter public domain clearly is not.

      Even those courts which are corrupt in the sense that you allege cannot and will not make such a mockery of basic legal principals as you worry here they might.

    79. Re:Will this be the first GPL test case? by God!+Awful+2 · · Score: 1

      Was I arguing by analogy? Upon further review, I still don't think I crossed that line.

      -a

    80. Re:Will this be the first GPL test case? by ctid · · Score: 1
      Not true. What if it was released as public domain? YOU said if there was no GPL on the code. That means anything non-GPL.


      You're right. I should have said "if there is no licence on the code.

      Not true. What if it was released as public domain? YOU said if there was no GPL on the code. That means anything non-GPL.


      Here you sound like Bart Simpson.
      Wrong again. You are ASSuming that those restrictions are in place by default. They are not.

      You are simply incorrect. Without a licence on the code, normal copyright applies as default.

      Your arguments in this post are simply childish. If the world was full of public domain software, what you said would make some sense. Since it is not full of public domain software, and since all software carries some restrictions at the point when it is written, and since the default restrictions are more restrictive than the GPL, it makes sense on the planet where I live to state the the GPL removes restrictions.

      --
      Reality is defined by the maddest person in the room
    81. Re:Will this be the first GPL test case? by Anonymous Coward · · Score: 0

      "since all software carries some restrictions at the point when it is written"

      I wrote some code this morning and I didn't put any restrictions on it, so you can't say that anymore.

    82. Re:Will this be the first GPL test case? by gosand · · Score: 1
      You are simply incorrect. Without a licence on the code, normal copyright applies as default.

      OK, I think I might be able to concede this point. But I think we are talking about two different things:

      I am saying that the GPL is a restrictive license, which it is. It DOES place some restrictions on the software. You are saying that the GPL removes restrictions that are there by default. These are two different things really. I just wanted to point out that the GPL doesn't mean that the software is totally Free. If you apply the GPL to something you create, there ARE restrictions on it. Now I personally think that those restrictions are a good thing. Sometimes people get caught up in their "GPL! GPL!" chant and forget that it doesn't make the software totally Free. More free than without it, probably, but not totally Free.

      --

      My beliefs do not require that you agree with them.

    83. Re:Will this be the first GPL test case? by ctid · · Score: 1
      I wrote some code this morning and I didn't put any restrictions on it, so you can't say that anymore.


      To create restriction-free software, you have to do something. Unless you specifically noted that you were relinquishing copyright to your code, there are restrictions on what (eg) I can do with it, by virtue of the fact that you wrote it.
      --
      Reality is defined by the maddest person in the room
    84. Re:Will this be the first GPL test case? by ctid · · Score: 1

      I understand. Sorry about the intemperate tone of my previous post.

      --
      Reality is defined by the maddest person in the room
  3. Confusion by ucblockhead · · Score: 3, Insightful
    It sounds like they don't understand the GPL, and think that they can comply by offering the affected routines on floppies, by mail.

    They need a new lawyer.

    --
    The cake is a pie
    1. Re:Confusion by Rojo^ · · Score: 1
      Even if they are found to be in compliance with the GPL on their stolen code in court, wouldn't there *still* be an issue of copyright? AFAIK, publishing your code under the GPL doesn't give up your copyright on that code does it? From the GNU website:
      Who has the power to enforce the GPL?
      Since the GPL is a copyright license, the copyright holders of the software are the ones who have the power to enforce the GPL. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders.
      An overturning of the GPL is not going to announce free reign of software pirates claiming GPL'd code as their own and making a buttload of money on it. Personally, I don't see it ever coming down to this detail though.
      --
      <:
    2. Re:Confusion by zcat_NZ · · Score: 4, Funny

      The guy who originally wrote EMACS clearly didn't understand the GPL either. No FTP server; mailing out the source on Magnetic Tape for $100 a copy? Someone ought to be hassling him a bit more too!!

      Oh wait.. that was Richard Stallman.

      --
      455fe10422ca29c4933f95052b792ab2
    3. Re:Confusion by Anonymous Coward · · Score: 0, Funny

      Why? Who is going to sue them? RMS??

      RMS: Your honor, I move that the courts force Castle to open up their source code under the GPL provisions

      Judge: Who the hell is this long haired freek in my courtroom? Go home and shower, when you come back we can talk.

    4. Re:Confusion by Anonymous Coward · · Score: 3, Informative
      Actually, that is perfectly alright and compliant with section


      b) Accompany it with a written offer, valid for at least three
      years, to give any third party, for a charge no more than your
      cost of physically performing source distribution, a complete
      machine-readable copy of the corresponding source code, to be
      distributed under the terms of Sections 1 and 2 above on a medium
      customarily used for software interchange; or,


      The problem is not that they would use floppy disks (which are pretty much the most frequent medium for software interchange, still), but that they apparently conveniently forgot to include that written offer!

      In addition, it would seem that we have forgotten another few phrases:

      a) You must cause the modified files to carry prominent notices
      stating that you changed the files and the date of any change.

      b) You must cause any work that you distribute or publish, that in
      whole or in part contains or is derived from the Program or any
      part thereof, to be licensed as a whole at no charge to all third
      parties under the terms of this License.

      c) If the modified program normally reads commands interactively
      when run, you must cause it, when started running for such
      interactive use in the most ordinary way, to print or display an
      announcement including an appropriate copyright notice and a
      notice that there is no warranty (or else, saying that you provide
      a warranty) and that users may redistribute the program under
      these conditions, and telling the user how to view a copy of this
      License. (Exception: if the Program itself is interactive but
      does not normally print such an announcement, your work based on
      the Program is not required to print an announcement.)
    5. Re: Confusion by markov_chain · · Score: 4, Informative

      Read the press release more closely: "based in part on the following functions" could mean that they just looked at Linux code and then wrote their own from scratch.

      --
      Tsunami -- You can't bring a good wave down!
    6. Re:Confusion by Anonymous Coward · · Score: 0

      Um, ICBW but AFAIK the GPL just states that you have to make source available, and at that only to people who have the binary... It doesn't say anything at all about making it downloadable from your site, freely available to the whole world. In other words, if the "cost of admission" to getting source from them is buying their product, well... Guess what, that's OK. The point of the GPL is to avoid completely "dark" binaries with no source at all for anyone. Heck, a top-secret spy agency could use the GPL if they felt like it, becuase only top-secret spies would have the binaries...

    7. Re:Confusion by Target+Drone · · Score: 3, Informative
      No, they are saying that they did not use any GPL code.

      The RISC OS ... kernel did not contain work taken from or derived from the ARM-Linux or Linux kernel."

      If you mail them a floppy you get a copy of components source code that allegedly violates the GPL so that you can see for yourself that it's all-legit. We'll just have to wait and see if anybody gets a copy of the code mailed back to them and if it violates the GPL or not. Personally I find it fishy that they just don't post it on the web right now to clear their name. I suspect the mail in a floppy is a stall tactic.

    8. Re:Confusion by Anonymous Coward · · Score: 0

      Are they saying "we are using some of linux, so we're sending you floppies to comply with the GPL" (as invalid as that is), or are they saying "we are NOT using linux code, and here's some floppies to prove it"?

      I wish I could read the unedited press release.

    9. Re: Confusion by RoyBoy · · Score: 1

      Um, actually you're NOT allowed to do that. I think you need to look up the meaning of "clean room development" or perhaps "chinese wall" if you're gonna try tricks like this. Otherwise, it's pretty clear that lookign at someone else's code, and they "rollign your own" absed on that knowledge, is infringing on their copywritten work.

      Sorry, but plagurism ist verboten, nien just for verbatim copyin!

      --
      -- People who think they know it all, really annoy those of us who do!
    10. Re:Confusion by kirn_malinus · · Score: 1

      If you want their code, read the ROM. It'll be there. So technically, they aren't hiding anything.

      --
      All circuits busy.
    11. Re:Confusion by ucblockhead · · Score: 2, Informative

      It's the second part that's important...from their press release, they seem to think that they can just give you the source for the routines they copied. You can't even link to GPL'd code without GPLing your code. (The LGPL is a different story, though the Linux kernel isn't LGPLed, so that's moot.)

      --
      The cake is a pie
    12. Re:Confusion by ucblockhead · · Score: 1

      The press release is a bit muddled. It also says: ...has it's PCI allocation and bridge setup based in part on the following functions from the Linux kernel sources

      --
      The cake is a pie
    13. Re:Confusion by ucblockhead · · Score: 2, Insightful
      GPLing code does not give up copyright...unless you intentionally do so by assigning it to the FSF or something.


      You can GPL code and then turn around and sell the same code under another, proprietary license, for instance.

      --
      The cake is a pie
    14. Re:Confusion by radiac · · Score: 1

      As linked to from the article on Drobe, you can find the whole press release here

      --
      I'm dangerous when I know what I'm doing
    15. Re:Confusion by zcat_NZ · · Score: 1

      Damn, that got to +5 funny real fast!!

      Seriously; they do need to make it clear what code is GPL'd and how to get the source (traditionally, a file called COPYING somewhere). I don't know if they've done that.

      And the GPL'd code would need to be quite separate from the rest of the non-GPL'd kernel. It doesn't sound like they've done that, but if the GPL'd code was compiled into it's own separate binary called from the rest of the kernel they'd probably be OK. Richard hates the idea, but plenty of non-GPL's linux drivers work that way (nvidia, lucent, etc)

      I don't think offering the source on floppies rather than a convenient FTP server is the real issue here.

      --
      455fe10422ca29c4933f95052b792ab2
    16. Re:Confusion by rela · · Score: 2, Insightful
      They're just offering the routines as proof that they DIDN'T use GPL'd source. They're not claiming both ways here, they're saying 'No, we didn't, and this is proof.'

      I'm sure the mailing floppies bit it to avoid having every person on Slashdot try to download a copy and cost them more in bandwidth in a day than they could pay for in a year.

    17. Re:Confusion by kyz · · Score: 1
      I suspect the mail in a floppy is a stall tactic.



      I suspect that the "mail in a floppy" tactic is so there isn't 10 million copies of the RISC OS PCI subsystem source code floating about on the 'net by next week.

      I also suspect that they will order the routines or name the variables in that code so they can match copies they find posted on the internet with the exact home address of the person who leaked them.

      --
      Does my bum look big in this?
    18. Re:Confusion by Anonymous Coward · · Score: 0

      Maybe they don't post it on the web because they know they'll have a million Linux zealots trying to download it at once, thus causing a Slashdot effect.

    19. Re: Confusion by markov_chain · · Score: 1

      One one hand, I agree that with a clean room implementation it's easier to argue that there is no infringement. But on the other hand, not having done it doesn't automatically mean that they are infringing on the original work... though it may be harder to prove. I wonder how this would be decided in court-- how similar does a program have to be to qualify as derived work?

      --
      Tsunami -- You can't bring a good wave down!
    20. Re:Confusion by jonabbey · · Score: 1

      If you hold the copyright in a piece of work, you maintain full rights to treat that work in any way you like. If I GPL something that I own, that doesn't mean that I can't sell it under more (or less) restrictive terms if I so choose. The GPL is a grant of right to allow others to copy the covered work under the terms of the GPL. I, as the author and owner of the work, have absolutely no obligation to follow the GPL in my own usage or distribution of the work, as my rights to the work are not gained through the GPL's grant.

      In other words, Richard Stallman could choose to do f*ck all with his EMACS if he wanted to, and he'd be perfectly in the right to do so.

    21. Re:Confusion by platypus · · Score: 1

      I suspect that the "mail in a floppy" tactic is so there isn't 10 million copies of the RISC OS PCI subsystem source code floating about on the 'net by next week.

      Unfortunately, _iff_ the code is GPL'ed, they will have 10 million copies floating about anyway. I bet Russel King and some other guys already have their envelope put in the mail.

    22. Re: Confusion by Anonymous Coward · · Score: 0

      I think you're confused here. Plagiarism is verbatim (or nearly verbatim) copying without permission.

      It's legal to read through a program, see how it works, and then make your own implementation under any license you see fit. You can't copy the code directly, though, but that's it.

    23. Re:Confusion by markov_chain · · Score: 1
      Boss: We are out of floppies again, and our venture funding ran out. Think of something!
      Purchasing manager: ... Aha, I have an idea!

      :^)

      --
      Tsunami -- You can't bring a good wave down!
    24. Re: Confusion by hughk · · Score: 1
      I must admit that I have myself hacked together a prototype with GPL'ed code for a client and then gone back and rewritten the thing from scratch to eliminate the GPL code.

      I didn't 'cleanroom' as there was only one of me and splitting my brain in two to separate spec from code wasn't feasible. However, if you take a toolchain consistsing of A, B and C, it is often possible to rewrite it so that one goes directly from A and C, the end result being somewhat cleaner and faster and bearing minimal resemblance to the original tool-chain.

      Personally, if they had done something similar 'borrowing the interface spec' but writing their own code, I wouldn't object and doubt the developers would that much. However, someone must check the resulting code is indeed different.

      --
      See my journal, I write things there
    25. Re: Confusion by Anonymous Coward · · Score: 0

      "Clean Room" is only used to cover your ass legally. It's not actually required.

      For example, if these guys had cleanroomed the Linux PCI stuff, we wouldn't be having this discussion. But that doesn't mean they're in the wrong.

    26. Re: Confusion by WzDD · · Score: 1

      That's incorrect. You are free to read over the code, see how it works, and write your own implementation under whatever license you like, so long as your own implementation isn't a direct or almost-direct copy.

    27. Re:Confusion by zcat_NZ · · Score: 1

      Boy did you miss the point.

      Richard Stallman released GNU/EMACS under the GPL. It was the first thing he released under it, and I seriously doubt he's released a single line of code since under any other license.

      The GPL doesn't stop Richard (or anyone else) from selling GNU/EMACS source on tape for a profit. It doesn't stop Redhat from selling GNU/Linux CD's for $50 per set, and it doesn't stop local Electronics retailers from putting Redhat CD's on the shelf at NZ$250. OTOH it severly limits everyone's ability to sell overpriced software, because the very first person prepared to pay your price can then run off a copy for all their friends, and under the GPL it's not legal for you to pretend otherwise.

      The same applies to sources on floppy disk; If you really want the code it's not an unreasonable effort, and if the code is GPL'd then -you're- free to put it on an FTP site for eveyone else.

      But I don't think any of this is even relevent anyhow; I gather Castle are only offering the source as proof that it's -not- GPL'd code. Studying someone else's code to get ideas about how to solve a problem is something Richard generally approves of. I know Microsoft doesn't like that kind of reverse-engineering but the GPL doesn't explicitly forbid it.

      --
      455fe10422ca29c4933f95052b792ab2
    28. Re: Confusion by Anonymous Coward · · Score: 0

      Wrong.

      Clean room development is done just in case of lawsuits. It is a cover-your-ass procedure. It is not legally necessary.

      There is no law that says that because I have read code I can never implement that same algorithm without violating the copyright on the code that I read. That would mean that the more code you've read, the less you're allowed to write.

      You could easily extend it to claim that once you have written code for one employer, you can't write anything similar for another employer, because the copyright would belong to the former employer. Which is ridiculous.

  4. Where did the accusation come from.. by j_kenpo · · Score: 3, Interesting

    Its been a few days since I read the original article, but I don't seem to remember where the original allegation that they'd ripped off the Linux kernel came from, other than "the guy". Who is "the guy"? Is he an employee for Castle, possibly disgruntled, or is he just "the guy" sleeping on the couch? If there is a legitimate breach, than whoever holds the license should by all means fight. But I've always been under the impression that borrowing code from a GPL based package was acceptable, as long as credit is given where credit is due. If that's the case, and there was indeed a breach of the GPL, couldn't Castle just put the creators names in the credits, no harm, no foul? Any takes on this?

    1. Re:Where did the accusation come from.. by Cheeziologist · · Score: 1

      what you describe is the BSD liscence i believe

    2. Re:Where did the accusation come from.. by Random+Bystander · · Score: 1

      That's the BSD license.

    3. Re:Where did the accusation come from.. by Anonymous Coward · · Score: 4, Informative

      It was originally posted on the Linux Kernel Mailing List (lkml) by Russel King, here.

    4. Re:Where did the accusation come from.. by Dr.+Ion · · Score: 2, Informative
      I've always been under the impression that borrowing code from a GPL based package was acceptable, as long as credit is given where credit is due.


      Uh, no. You need to go read your license agreement, usually called "COPYING" in the source tree. It's quite readable, and very clear about what you must do to "borrow code". It's more than just giving credit.

      After all, that GPL code you're borrowing.. I'll bet you find it handy that you have the entire source code, and not just a useless footnote giving credit to some author. You are expected to pass on the same freedom with your software, not a 'credit'.
    5. Re:Where did the accusation come from.. by mobiGeek · · Score: 2, Informative
      But I've always been under the impression that borrowing code from a GPL based package was acceptable, as long as credit is given where credit is due

      Your thinking about another license altogether. With the GPL, you can't "borrow code" and keep it locked up inside of your code base.

      GPL "opens" code. It does not allow people to "close up" the code. In a nutshell, if you use GPL code, you must make your source code freely available to whoever receives your binary. (There are a number of subtle points beyond this, but this is the GPL in a nutshell).

      If you aren't going to make your source code available, then don't include GPL code with your code. It's simply a matter of choice.

      --

      ...Beware the IDEs of Microsoft...

    6. Re:Where did the accusation come from.. by Anonymous Coward · · Score: 1, Informative
      also it is here.

      is it true it would be the first gpl court test?

    7. Re:Where did the accusation come from.. by windex · · Score: 1

      That's not entirely true, if you do not distribute the changes, you can do whatever the fuck you want for your own personal use.

    8. Re:Where did the accusation come from.. by carnarvon · · Score: 2, Insightful

      Well the scenario is this.

      Gerph was looking inside the RISC OS5 kernel. Note THIS has NOTHING to do with the RISC OS4 kernel.

      they are different trees of the original code from acorn.
      Anyway back to the story:-

      he thought the code looked familiar oncce compilled and suggested to castle that it MAY have came from thelinux kernel. AND trust me Justin knows a LOT about the RISC OS4 kernel. But I wont go ito that, although it is public knowledge. He is a good bloke by all accounts. After not being entirely satisfied, and following muck soul seeking, he mentioned to Russel about his concernes an russel posted to the kernel mail list.

      All of this was justified.

      What I dont think is justified is the "what if brigade" jumping on "roumour and hearsay".

      my understanding of the scenario is this:-

      CAstle want a HAL to rid RISC OS of its hardware dependence. They probably tought, OK linux is hardware independent, lets have a look at how they did it?

      Ahh that was clever, they might have thought; lets see if we can code someting similar to do the job for us. Naturaly the code seems similar but not identical and threrfore looked as if it was developed upon.

      I think taking the code and developing it would be silly, and castle are NOT silly. When other companies were promissing this-and-that, they quietly delivered.

      They naturally fed on a similar idea, but then most songs can trace their idea back for years.

      I think they may haev fed on the theme, (boy meets girl) but not nessesarily the blagged the tune.

      As a bit of background. I write PDA SW and like the RISC OS platform but these days I dont get the software to do my work on RISC OS. I dop however, miss the beautiful OS.

      And as for the chap that said X-scale? it does not have grunt; well I say, whoneeds grunt when you can get a wordXP compatable word processor on one floppy and running on 800K in full mode.

      Cheers
      Bob; Sunny Scotland

    9. Re:Where did the accusation come from.. by carnarvon · · Score: 1

      that should have been "MUCH soul seeking" Sorry Justin. It could have read so differently. :-))) Cheers bob

    10. Re:Where did the accusation come from.. by platypus · · Score: 2, Interesting

      Well, but R.King stated on the kernel mailing list he could show how to modify the linux kernel source to produce the same _binary_ code - I really doubt I misinterpreted that.

      This would make the "just used the same ideas" explanation a little bit unlikely, methinks.

      It will be interesting to see how it all pans out, but I agree that we don't know the real facts at this point.

    11. Re:Where did the accusation come from.. by civilizedINTENSITY · · Score: 1

      Yes, it was first reported as you state. Your parents question was "who was the guy". If you read the link you posted, you'd see that Russel King didn't find breach, but that "The guy who reported the problem to me has already tried to contact the company concerned to ask for the source under the terms of the GPL...", and thus the question is still open. Note that by phrasing the question as was done, your parent has obviously read the article.

    12. Re:Where did the accusation come from.. by mobiGeek · · Score: 1
      Doth quote the parent:
      (There are a number of subtle points beyond this, but this is the GPL in a nutshell)

      Yes, I probably should add such a point to my "GPL in a nutshell". It is an all-to-oft overlooked clause (one that MS happily FUDs over all the time).

      --

      ...Beware the IDEs of Microsoft...

  5. If they want it over with... by teamhasnoi · · Score: 2, Insightful
    why not release the source online, rather than using snail mail and floppies?

    Unless there is skullduggery afoot... hmmmm.

    /rubs chin, cues "Scooby Doo" intro music

    1. Re:If they want it over with... by Skyshadow · · Score: 3, Interesting
      why not release the source online, rather than using snail mail and floppies?

      Obviously, they're trying to create a high level of hassle to get the code. They assume people won't want to go through the PITA that mailing a floppy represents.

      I propose we kick their ass at this game. Here's the procedure:

      Everyone reading this, go grab a 3.5" floppy from your old disk box or the supply room or whatever. Mail it to the address below along with a note requesting a copy of their GPL'ed source code:

      The Managing Director
      Castle Technology Ltd
      Ore Trading Estate
      Woodbridge Road
      Framlingham
      Suffolk
      IP13 9LL

      Let's see how they like making 50,000 copies onto floppies...

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    2. Re:If they want it over with... by teamhasnoi · · Score: 1

      Let's see how they like making 50,000 copies onto floppies...And only old 800k Single sided AOL floppies with errors on the last track... ;)

    3. Re:If they want it over with... by Anonymous Coward · · Score: 0

      uh, why is this modded troll?

    4. Re:If they want it over with... by will_die · · Score: 2, Insightful

      This does strike me like they are getting PR information from the person who told Intel not to offer replacements CPUs when they had that math problem.
      The first person who gets thier disk back is going to post it to the internet however people are still going to send them floppies just because the company is acting stupid. They could of just posted the code, taken a hit on thier server from the few who would actually download it, and be done. I would guess the actual reason for the disc request is that they don't have the code ready and are using the mail and processing time as a delay tactic.

    5. Re:If they want it over with... by SunPin · · Score: 1

      My vote goes with 360K 5.25" floppies. Show them genuine old skool.

      --
      Laws are for people with no friends.
    6. Re:If they want it over with... by r00zky · · Score: 2, Funny

      > I propose we kick their ass at this game.
      I have another idea: STORM THE CASTLE!!!

      --
      I'm a chainsmokin' alcoholic sociopath, so-ci-o-path
    7. Re:If they want it over with... by Anonymous Coward · · Score: 0

      "...and I would've gotten away with it too, if it wasn't for you meddling kids!"

    8. Re:If they want it over with... by atomm1024 · · Score: 1

      I have a better idea, how about tapes? RMS used to distribute GNU Emacs to people without internet access via tapes. Let's ask them for the sources on good ol' tapes to bring back some of the past, and at the same time, annoy the hell out of them while they're still legally obligated to fulfill our requests.

      But sure, I guess 5.25" floppies and 400k and 800k 3.5" floppies are fine for those of you who don't have any tapes lying around...

      --
      Signature.
    9. Re:If they want it over with... by Orne · · Score: 2, Funny

      I knew there was a reason I kept all of those AOL floppies...

    10. Re:If they want it over with... by SunPin · · Score: 1

      I wish I had tapes... the thing I really, really, really want to send is an old mainframe reel or a giant laserdisc...

      --
      Laws are for people with no friends.
    11. Re:If they want it over with... by morcheeba · · Score: 1

      >Let's see how they like making 50,000 copies onto floppies...And only old 800k Single sided AOL floppies with errors on the last track... ;)

      Can we make those errors on the last track due to some sand we superglued onto the surface of the disk?

    12. Re:If they want it over with... by gristlebud · · Score: 1

      Even if 50,000 people sent in a disk, they still wouldn't have to send out the source. The GPL doesn't require the source to be sent to everyone that asks; it only requires that you provide the source to people that: 1) you've distributed the software to, and 2) ask for it. Since the GPL has been used to distribute popular "Free Beer" software (i.e. GNU/Linux) it has been seen as requiring free distribution. Castle is perfectly within their rights to distribute the source cose in this manner. Again the GPL only requires the source be electronic and machine readable.

      --
      OK...
      I can do this. I am, after all,
      a superhero!
    13. Re:If they want it over with... by AlgUSF · · Score: 1

      Yeah, old fashoned 9 track tapes, not these new fangled 8mm data tapes. :-)

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    14. Re:If they want it over with... by mikeee · · Score: 1

      And we would have gotten away with it, too, if it weren't for those meddling kids!

    15. Re:If they want it over with... by Anonymous Coward · · Score: 0

      Somebody posted the "GPL Quiz" above.

      The GPL actually says "to any third party." Hence, everybody, not just those who purchased it.

    16. Re:If they want it over with... by Doug+Neal · · Score: 1

      Or just put it up on a website for download, once they've sent the floppies, perhaps...

      Sure, they are being shitty about it, but they aren't technically violating the GPL or copyright law, so bombarding them and stopping them getting their work done is only going to give the free software community a reputation for being childish and silly...

    17. Re:If they want it over with... by marga · · Score: 1

      It's not just the floppy thing that bothers me, it's the stamps!

      I live in Argentina, I have plenty of floppies, but I have no British stamps to send them. And even if they mention the coupons for International post, I have none of those in my post offices.

      So, I have no access to the code... Unless I travel to the UK to get those stamps, which is, of course, something I can't afford.

      --
      Margarita Manterola.
    18. Re:If they want it over with... by ChrisJones · · Score: 2, Interesting

      Don't be a bozo, that's a spiteful and stupid thing to do. Why not do what you should be doing, shut the fuck up and leave this to the people who's Copyright is alleged to have been infringed. Spamming the crap out of some poor little company is pathetic.
      If they have infringed, they can either fix it or hope the copyright owners don't sue them.

      --
      Chris "Ng" Jones
      cmsj@tenshu.net
      www.tenshu.net
    19. Re:If they want it over with... by gristlebud · · Score: 1

      You're exactly right, A.C., I was wrong.

      The GPL DOES say that the offer must be to any 3rd party that asks.

      However, that same paragraph of the GPL also says: "...for a charge no more than your cost of physically performing source distribution"

      Castle is actually being generous here. If this was my company, I'd be charging you for my actual costs incurred. What does this mean?

      I'd charge you 2 hours of a mid-level engineer to grab all the source code, error check it, make sure all the libraries are present, everything you'd need to fully evaluate the source code. I'd also charge 15 minutes of an admin person to copy the information to the disk, put it into a envelope, and mail it out. I'd also send it insured, to make sure it got to you.

      My actual cost for performing this service would be between $90 and $100. I'm a US Govt. contractor, so my rates are audited every year, and are reasonable and customary.

      How would this requirement temper the slashdot communities' "Let's flood him with disks!" mentality?

      --
      OK...
      I can do this. I am, after all,
      a superhero!
    20. Re:If they want it over with... by Sri+Lumpa · · Score: 1


      Anybody might be able to find a few blank punch cards for them?

      --
      "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
    21. Re:If they want it over with... by AndrewRUK · · Score: 1

      The Royal Mail sell stamps by mail order, and they will deliver abroad. So, find out how much postage will cost on their Airmail price list (Argentina is zone 1 for their pricing system) and then buy the stamps necessary online. They'll even throw in the airmail stickers for free ;-)

    22. Re:If they want it over with... by linoleumcp · · Score: 1

      And I suggest everyone request them to be mailed to your address for being a needless prick.

    23. Re:If they want it over with... by marga · · Score: 1

      Uhm, well, I did have a look. Thanks for the link. But it seems, unfortunately, that they only deliver their stamps to Europe and the USA.

      Anyway, as I was commenting elsewhere, even if I could buy the stamps and then sent them with the floppy to the UK, I'd never expect them to come back. My mailing company is anything but reliable.

      I'm used to being left out. All the Third World is. And yet, it still makes me sad. It's worse when it's the terms of the GPL that are leaving me out.

      --
      Margarita Manterola.
    24. Re:If they want it over with... by Anonymous Coward · · Score: 0

      Make sure you format the disc to the Acorn E+ format OK? ;-) What do you mean you can't format a disc to that type? ;-)

    25. Re:If they want it over with... by civilizedINTENSITY · · Score: 1

      "The first person who gets thier disk back is going to post it to the internet..."

      Better be careful. I don't think Castle is granting you any right to post that code, and by denying the GPL, then either it belongs to Castle completely (and you'd need permission to distribute) or it is a GPL violation (and Castle doesn't have the right to give you permission to redistribute, since they violated the GPL and lost distribution rights to that code). Either way, I don't see how you can legally post the code.

    26. Re:If they want it over with... by civilizedINTENSITY · · Score: 1

      Who died and gave you the power to determine whether someone else should accept "some poor little company"'s offer? It is totally in denial of the concept of good will to suggest, as you do, that "If they have infringed, they can either fix it or hope the copyright owners don't sue them." Obviously its not enough to say, "Lets speed through this redlight, if you hit anyone, I'll pay your fine." There is more to it than just a dispute between Castle and the copyright owners. Action such as this is an attack on pedestrians everywhere, and should result in a few flipped fingers by the townsfolk who sight the offender.

    27. Re:If they want it over with... by ChrisJones · · Score: 1

      No one died and gave me anything, it's not like I can forcibly beat the stupidity out of people ;)

      The original post's clear intention was not to accept the offer for the purpose it is intended, but to deliberately overburden a small company. If people legitimately want to examine the source, or are interested in it, they should of course ask for a copy, but to do so simply to abuse a small company before anyone with any actual authority has even ruled them guilty, seems childish and stupid. Maybe that kind of thing is acceptable behaviour for you, I don't know.

      You wrote: "There is more to it than just a dispute between Castle and the copyright owners"

      I say: Let's keep an open mind and wait until a definitive conclusion can be reached.

      I'm not sure what you mean about the concept of good will. If they have infringed, they can either fix it (ie buy a licence from the appropriate kernel developers (unlikely, obviously), free their code, remove the infringing code, etc.) or (do nothing and) hope they don't get sued (which they probably would). I don't see how that's anything other than a description of reality here. Getting a few angry requests for floppy disks is hardly going to suddenly make them go "hey, these guys are right, let's do X", is it.

      (I have ignored your totally irrelevant traffic offence analogy)

      --
      Chris "Ng" Jones
      cmsj@tenshu.net
      www.tenshu.net
    28. Re:If they want it over with... by l0st3d · · Score: 1

      Don't you think that they might just want the names and addresses of everyone they send their code to, so when we all realise it's not GPL derived work, it's not been posted on the web and they have a controled list of people with acces to parts of their os ... ?

      --
      Liquid oxygen is more dangerous than liquid nitrogen. Put a hand in N2 it falls off, in O2 it falls off and catches fire
    29. Re:If they want it over with... by Scorchio · · Score: 1

      How the hell did this idiotic post get modded up to the level it did?

      Castle are not some huge corporation like Microsoft or Intel. They're a small and I imagine not too financially well-off company helping to keep the RISC OS/Acorn platform alive. I'd imagine it's done more for love than money.. Attempting to produce your own computing platform and OS in the face of the Microsoft/Linux/Apple competition is a brave move and hardly a get-rich-quick scheme.

      How proud would the Linux/OSS community be if they managed to beat down a much smaller alternative computer/OS developer out of existance?

      I'm sure they're releasing the code on floppy disk, so they only have to deal with the few hundred people (if even that many!) who are really interested, rather than have their net connection hammered by 200,000 people attempting to download the source out of idle curiousity.

      Keep your stupid childish DoS-like tactics for spammers or those who might deserve it more.

    30. Re:If they want it over with... by Anonymous Coward · · Score: 0

      This does strike me like they are getting PR information from the person who told Intel not to offer replacements CPUs when they had that math problem.

      On the contrary - think about it this way...

      Castle have a product which sells to a relatively small number (a few thousand) computer 'enthusiasts' and want to widen their exposure in that market. What better way than to get a few tens of thousands of Slashdot users to provide them with postage paid self addressed envelopes to stuff full of shiny promotional material extolling the virtues of their product. Sheer Genius!

  6. Seems reasonable by Alan+Cox · · Score: 5, Interesting

    They say its not used GPL code in some old editions, and they wont be doing so in future. Its not clear if there is some release they did. They don't say they havem't done it with current code. Since they are making a floppy of the relevant code available that is a good step and means someone can check nicely and settle the question for good.

    1. Re:Seems reasonable by robbo · · Score: 1

      No, the press release says there's no "Linux" code and "Linux-ARM" code in older releases. They have yet to indicate whether there's any GPL'ed code in older releases.

      --
      So long, and thanks for all the Phish
    2. Re:Seems reasonable by Anonymous Coward · · Score: 1, Informative

      "They say its not used GPL code in some old editions" - They say GPL code has not been used in RISC OS 5.00, 5.01 or 5.02. Those are the only versions of RISC OS where this GPL code could possibly have been used because there are no other versions of RISC OS which include the PCI manager (and it is the PCI manager which was alleged to contain GPL code).

      "Its not clear if there is some release they did." Yes it is. They mention all the releases in question and clearly state that GPL code has been used in none of them.

      "They don't say they havem't done it with current code." Yes they do. RISC OS 5.02 is the current code and they say they have not used GPL code in it.

    3. Re:Seems reasonable by platypus · · Score: 1
      Their response is fishy. A possible interpretation of the press release might be:
      1. They are disturbingly specific in the kernel versions they cite.
      2. They have taken the stance that the HAL is not a subset of the kernel.
      3. They say that some functions from the HAL are "based in part" on some linux functions.
      4. They offer the source of the HAL ("this component").


      Add to that that R.King offer very convincing hints for a copy&paste job:
      I have a detailed description which shows how the Linux source code can be slightly modified to produce the disputed code, with reasons [for] each modification.

      Also, if 4. is true, I don't understand why they offer this sourcecode to everyone interested (poor man's attempt at gpl compliance anyone?) - normally closed-source companies try to protect the source to components of their software like mad. Castle easily could have just offered to let some choosen kernel developers look at the source under NDA, why offer to mail it out to every Tom, Dick and Harry on the big internet?

      I see them using two lines of defense, first "copyright isn't relevant here, so the GPL is not relevant", i.e. ain't no copy&paste job.
      And "HAL is not part of the kernel, so the kernel is not in GPL violation" as a second line defense.

      Certainly this is pure speculation, but it's interesting nonetheless to really read this letter and try to figure out what the hell they have in mind.

  7. GPL by AlgUSF · · Score: 1, Interesting

    Why don't they just encrypt it, and print out the encrypted source in hex. Then anyone who wants it can send a SASE to get it. :-) Does the GPL have any provision against encrypting the source before distributing it?

    --


    I want my rights back. I was actually using them when our government stole them after 9/11.
    1. Re:GPL by Second_Derivative · · Score: 5, Insightful

      GPL defines the source code as "the preferred form for making modifications to the work". So unless their engineers are way way way way better at doing hex arithmetic and mental cryptography than most of us are, yes the GPL does have a provision against it.

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

      > Does the GPL have any provision against encrypting the source before distributing it?

      Yes, it has to be in a commonly used, readable format.

    3. Re:GPL by Dan+Ost · · Score: 1

      If I remember correctly, the GPL stipulates that
      the source must be distributed in the form that
      is was developed in.

      Can anybody back this up with more specific information?

      --

      *sigh* back to work...
    4. Re:GPL by arose · · Score: 1

      Yes.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    5. Re:GPL by Anonymous Coward · · Score: 0

      psst, Castle... punch cards.

    6. Re:GPL by SN74S181 · · Score: 1

      So unless their engineers are way way way way better at doing hex arithmetic and mental cryptography than most of us are

      They probably are.

      This is Slashdot. Castle Computer is not Slashdot.

      'Nuff said?

    7. Re:GPL by Anonymous Coward · · Score: 0

      People like you are why we spend 5% of our GNP on lawyers to try to close any possible loophole.

    8. Re:GPL by Spazmania · · Score: 1

      GPL defines the source code as "the preferred form for making modifications to the work".

      There is an obvious way around this in the build process. Obvious to me anyway.

      Step 1: Segregate the sources. GPL part not allowed to contaminate the non-GPL part.

      Step 2: Build the non-GPL part to a secondary source form (e.g. uncommented assembly with generic variable names). Be especially nasty by renaming the files to "a, b, c," etc and collapsing the source tree to a single directory. Or, hey, just lump it all into one big file.

      Label this new work, "Derivative work A." License this new source code under the GPL.

      Step 3: Combine "Derivative work A" with the GPL part and compile to object code.

      Is "Derivative Work A" licensed under the GPL? Absolutely. If it wasn't, it wouldn't be legal to distribute it linked with other GPL code. The original? No! The original work is not distributed in any form, and is not contaminated by the GPL's requirements. But what about this "preferred source code" stuff? Derivative work A is the preferred source code because its the only source code. The predecessor work was not combined with any GPL materials or distributed in object form with GPL materials. As long as Derivative work A is actually source code of some form (not object code) you're golden. If you're still not sure, make one or two by-hand changes to Derivative work A before compiling.

      Presto. You have now released what might as well be object code, closed the "true" source, and still complied with the GPL.

      Of course, its also helpful if the original source form compiles to something useful with or without the GPL code. Judges aren't computers after all; they'll see exactly what you're pulling and if you leave an opening to call the works identical, they'll bust you for trying to throw a curve ball.

      Rigging all of this in a form that the object code can't be redistributed without paying is an excercise left to the reader. Strong hints to the division between data and code, and the usefulness of code without a basic set of data.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    9. Re:GPL by catenos · · Score: 1

      There is an obvious way around this in the build process. Obvious to me anyway.

      Step 1: Segregate the sources. GPL part not allowed to contaminate the non-GPL part.

      Step 2: Build the non-GPL part to a secondary source form (e.g. uncommented assembly with generic variable names). Be especially nasty by renaming the files to "a, b, c," etc and collapsing the source tree to a single directory. Or, hey, just lump it all into one big file.

      Label this new work, "Derivative work A." License this new source code under the GPL.

      Step 3: Combine "Derivative work A" with the GPL part and compile to object code.

      Is "Derivative Work A" licensed under the GPL? Absolutely. If it wasn't, it wouldn't be legal to distribute it linked with other GPL code. The original? No!


      Wrong. See below.

      (More precisely: Right, there is nothing "forcing" it under GPL, but if it is not GPL'ed, you violate the copyright).

      The original work is not distributed in any form, and is not contaminated by the GPL's requirements. But what about this "preferred source code" stuff? Derivative work A is the preferred source code because its the only source code.

      And, of course, this is where you are wrong. You just explained that in Step2, you are creating a secondary form. Well, then the primary form, the one you created the obfuscated assembly from, is the source, defined by the GPL as the "preferred form for making modifications to the work".

      The predecessor work was not combined with any GPL materials or distributed in object form with GPL materials.

      That does not matter. The GPL simply says, you have to give me the files which you use for making modifications, or you violate it. And I am sure you aren't using the assembly to do so. If you have 20 steps in-between before you get the end result is irrelevant. If you do not give me the what you use to make changes, you may not distribute it with GPL stuff. Full stop.

      As long as Derivative work A is actually source code of some form (not object code) you're golden.

      Also wrong. The GPL does not talk about "some source code", but the source code aka the preferred ... (you know this by know).

      For example, if you use docbook to generate HTML, the HTML is a kind of source (in the sense of being able to modify it easily), but the source in the sense of the GPL is of course the docbook format.

      If you're still not sure, make one or two by-hand changes to Derivative work A before compiling.

      Also irrelevant. The question is, what do use to write the next major feature, the preferred form.

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
    10. Re:GPL by Spazmania · · Score: 1

      And, of course, this is where you are wrong. You just explained that in Step2, you are creating a secondary form. Well, then the primary form, the one you created the obfuscated assembly from, is the source, defined by the GPL as the "preferred form for making modifications to the work".

      Thing is, that interpretation is counter to copyright law. According to the law, the derivative work is an entirely new work. It inherits restrictions from the original based on any license (or lack of license) received by whoever makes the changes, but the reverse is not true. For the GPL to apply to the predecessor work, the GPL would have to explicitly state that it applies to the predecessor work.

      More correctly, the GPL would have to state that in order to accept the license the distributor would have to offer the linked works and all portions of all predecessor works that the linked work was derived from under the GPL. It doesn't.

      What it does do is talk about the "preferred" source form. The intent is seemingly straightforward, but that's a nastily vague way of saying it. Two things about that clause are, however, clear:
      1) It must be a form generally considered to be source code.
      2) It can't be a form which was not available to the entity which first distributed the combined software.

      So, if you want to be doubly sure, you add one layer to my example. Create a corporate entity B whose sole purpose is to receive derivative work A (but not the original work!) from the owner of the original work, compile and link it to the GPL code, and then release it.

      Derivative work A is the preferred source because:
      1) It is in fact a generally accepted form of source code.
      2) Its the only source code available to corporate entity B when they combined it with the GPL part.

      There are other ways to deal with the GPL contamination too. For example, you can distribute two seperate media which the customer is instructed to combine and cautioned that the thus combined work can not be legally redistributed. One media contains the proprietary work and the other contains the GPL work. Since they're never actually distributed in a combined form, license is granted under the GPL for the GPL part without impacting the stuff on the non-GPL media.

      An example of this would be a handheld using Linux code which required you to plug in a flash card containing the GPL part of the software before your first use.

      It would be interesting to see what effect that would have on the first sale doctrine. Is the customer deemed an owner of one copy of the combined code which can be sold to another entity regardless of license encumberance? That doesn't seem right, since that would blow another huge hole in the GPL.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    11. Re:GPL by catenos · · Score: 1
      And, of course, this is where you are wrong. You just explained that in Step2, you are creating a secondary form. Well, then the primary form, the one you created the obfuscated assembly from, is the source, defined by the GPL as the "preferred form for making modifications to the work".
      Thing is, that interpretation is counter to copyright law. According to the law, the derivative work is an entirely new work. It inherits restrictions from the original based on any license (or lack of license) received by whoever makes the changes, but the reverse is not true. For the GPL to apply to the predecessor work, the GPL would have to explicitly state that it applies to the predecessor work.

      More correctly, the GPL would have to state that in order to accept the license the distributor would have to offer the linked works and all portions of all predecessor works that the linked work was derived from under the GPL. It doesn't.

      That's not my point. This has nothing to do with what parts are considered derivative work.

      I could write a license that allows you distributing my software only if you put the source code of software you own and all code you ever wrote with it. It is irrelevant whether any of your work is related to mine or not, or whether you have the source of the proprietary software, not to mention whether you are allowed to give it away. It is simply the condition of the license. Accept it or not. But if you do not, you may not redistribute my stuff.

      The same way works the GPL. It says, in order to be allowed to redistribute anything based on my work, you have to put the source code[1] with it, whether you have it or not.

      What it does do is talk about the "preferred" source form. The intent is seemingly straightforward, but that's a nastily vague way of saying it.

      I consider it quite clear. If I can show reasonably or even prove that you are using something else than the obfuscated assembler code for making changes...

      So, if you want to be doubly sure, you add one layer to my example. Create a corporate entity B whose sole purpose is to receive derivative work A (but not the original work!) from the owner of the original work, compile and link it to the GPL code, and then release it.

      Derivative work A is the preferred source because:
      1) It is in fact a generally accepted form of source code.
      2) Its the only source code available to corporate entity B when they combined it with the GPL part.

      And with 2) you are wrong, IMHO. It is not my problem whether you have access to the source[1] or not. If entity B need a new feature, do they change the source of Derivative work A, or do they tell order the other company to change A? In your example, they will do the latter (because the reason of the example is to make the source[1] of Derivative work A unusable). Therefore the source[1] of A is also the source[1] of Derivative work A.

      ... One media contains the proprietary work and the other contains the GPL work. Since they're never actually distributed in a combined form, license is granted under the GPL for the GPL part without impacting the stuff on the non-GPL media.

      Depends, that is only true, if the proprietary stuff is not a derivative work of the GPL stuff. Simply distributing them seperately does not make a derived work not derived any more. But yes, that scheme works, if you have a sufficiently seperate program that can simply make use of the GPL'ed work.

      [1] meaning the preferred form for making changes.
      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
    12. Re:GPL by catenos · · Score: 1

      Ah, what I forget... when your main point is that there are ways to circumvent the GPL, you are right. There are (but they are complicated and inconvenient). And we can stop that argument.

      But that cannot be done by simply putting a third party in-between or by obfuscating code. It's not that easy. And that was my main point. And the only one I am going to discuss here, because I leave discussing the whole GPL to the lawyers - I only wanted to prevent a misconception one could get by reading your original post.

      Putting "the preferred form for making changes" in the GPL was a very smart move and it will need more than a bit effort for bypassing that.

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
    13. Re:GPL by Spazmania · · Score: 1

      The source code for a work means the preferred form of the work for making modifications to it.

      I think you're missing one key point: WHOSE preferred form for making modifications. Your preferred form? My Preferred form? Richard Stallman's preferred form?

      None of the above. The form in question is the copying entity's preferred form for making modifications. There may be dozens of predecessor works posessed by other entities but none of them matter. What matters is the "preferred form" of the work actually posessed by the copying entity.

      In my second example, the only source code possessed by the copying entity is the assembly language source. Thus, if it is in fact source code then it is the "preferred form."

      Truth is, the way the GPL is written you could almost get away with making that "preferred form" straight object code. A reasonable argument could be made that the "preferred form for making changes" redefined the term "source code" to have only that meaning in this contract. You'd just have to document that the entity posessed no superior form and that the entitity made actual changes to that form.

      I don't know that I'd call that method easy since there is more than one way that the unwary could shoot themselves in the foot and end up infringing. It is, however, obvious and quite doable.

      That is only true, if the proprietary stuff is not a derivative work of the GPL stuff.

      No argument there. I have yet to spy a hole where you can get away with not releasing the source to portions that aren't severable from the GPL part of the code. So, you're compelled to release your API code and your tweaks. <sarcasm>Darn.</sarcasm>

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    14. Re:GPL by catenos · · Score: 1

      Well, we can stop the discussion here by agreeing to disagree:

      I do not think that you could get away with your argument ("but I have only obfuscated code") when you are facing a judge. You may have a chance when the source code can be edited with reasonable effort.

      But IMHO there is no chance if you have obfuscated code, which this discussion is all about. And regarding object code... I want to see you convince the judge how you are used to editing this. Ridiculous.

      The fact that no company has dared to test this in court yet should be convincing enough that lawyers don't see it this way.

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
    15. Re:GPL by Spazmania · · Score: 1

      The fact that no company has dared to test this in court yet should be convincing enough that lawyers don't see it this way.

      Nonsense. At this point, the GPL itself has only been tried in the court of public opinion. To the best of my knowledge, not one of the numerous small companies that has refused to release code they allegedly should have under the GPL has been successfully sued, either by winning in court or by getting action after filing suit. In every case where code was subsequently released it was in response to the hate mail, not any legal threat.

      No company has tried something like the method I posted because there is no point in jumping through hoops until the easier methods are proven not to work.

      The GPL's hardest problem in court is one of standing to sue. Unless the copier offers the GPL license to the recipient, the recipient has no standing to sue over it. Whoever the copier got it from might have standing (as one party to that instance of the GPL contract), but how could you prove where they got it? You can't. As a result, only the documented authors would have provable standing as an injured party to file a lawsuit for infringement and/or breach of contract. Since these authors are generally dispersed and disorganized (the bazaar, not the cathedral) its a huge burden on them to try to file suit.

      Even if you get past that hurdle, the GPL is a shrink-wrap license. That makes successful suit for infringement vastly more likely than successful suit for breach of contract. Compelled compliance is only a remedy for breach, not for infringement. What remedy is imposed for infringement? Unless the specific work is under a registered copyright there are no punitive damages. Few GPL works are registered and the relative anonymity of the various authors would make registration difficult. Real damages? Showing real damages for free anything is exceptionally hard. The best the authors could realistically hope for after spending money and time in court is an injunction preventing further infringement.

      So, after burning all that time and money the authors theoretically get an injunction against the company. I say theoretically because no one has gotten that far yet. How do you think the company responds? They switch to something like my method in the previous posts of course. No point in doing so sooner.

      No, I'd argue the opposite of your statement. The fact that no authors have successfully sued under the terms of the GPL is convincing evidence of the futility in doing so.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  8. Confusing release by binaryDigit · · Score: 5, Insightful

    At one point they say:

    "The RISC OS 5.00 kernel did not contain work taken from or derived from the ARM-Linux or Linux kernel

    then they say:

    has it's PCI allocation and bridge setup based in part on the following functions from the Linux kernel sources:

    So they say "based in part on the following functions", so are they saying that they have literally taken no CODE but were BASING their code on some Linux kernel code? So are they then saying that perhaps they just took the api from the LK but the code itself is new? If this is the case, then I could see how there would be a lot of confusion and that they have done nothing wrong. If not, then I'm not sure what they're trying to say?

    1. Re:Confusing release by Eric+Seppanen · · Score: 4, Interesting

      They're saying that their kernel does not include GPLed code, but another program of theirs (called the HAL), a separate piece of software, DOES include GPLed code and source will be available for this program. I'm not sure I believe them; hiding the function names after a complaint sure does seem like they know they're doing something wrong. But that's what they're saying. Remember, too, that just offering source isn't the only requirement of the GPL. You're also required to notify users that the code is GPLed and tell them source is available. If they haven't done this part then they're also in violation.

      --
      314-15-9265
    2. Re:Confusing release by langed · · Score: 1
      Hmm. Well, when space is an issue (ever try building your own linux-on-one-floppy distribution?) you'll find that good ol' strip is your friend. :)

      Now, in their situation I'd say that space is certainly an issue (With the tough goal of fitting all of the supporting software and applications for the IYONIX computer into just 4Mbytes of ROM, from the press release), so it's not worth jumping to the conclusion that they're hiding something.

      Further, I note that the press release mentions specific, new versions, and that the email to LKML never stated which version was checked for the match.

      Further, how was it found, in absence of the source, that it still contained the actual working code? I'd like to know that, because many compilers commonly spit out some boiler-plate binary code.

      Now, your comment indicates a slight misconception (but another program of theirs (called the HAL)) about kernels. 'HAL' stands for "Hardware Abstraction Layer", and is an integral part in modern kernels. For most operating systems less primitive than *cough* DOS *cough cough*, the HAL provides functions for device drivers and software applications, such that the kernel is the only software that directly manipulates the hardware. That said, these functions are an integral part of the kernel (without regard to where it's a microkernel, exokernel, or monolithic), not things which can be considered a separate work and put into public view by itself. In fact, this is the section of the GPL that M$ likes to FUD about regularly: the "viral" part of the license. It indicates explicitly that if you use ANY GPL'd code in your project, the whole thing inherits the GNU License (and thus, must be distributed with source.) After all, by the terms of the GPL, the RiscOS kernel can be considered a derivative work, under the admission of the PCI and bridge setup functions.

      Thus, as best as I can determine, the press release seems quite self-contradictory. I suppose that's why they used the wording "should like to respond" instead of the more common "would like to respond". In so doing, it could be construed that the statements about versions 5.x are, indeed, false, and that the truth in the release comes after the phrase "For the avoidance of doubt".

      To place the separation there, though, also leaves the line above it (There are no plans to use GPL derived code...) in question, and can thus be interpreted as "hey, we violated the GPL in our RiscOS. And we reserve the right to do it again..."

      On the other hand, perhaps the announcement that the code is available and conforms to the license, in their minds, is to be inferred by the press release...

      Now for the good ol' disclaimer: IANAL. I don't even try to be. :)

    3. Re:Confusing release by horza · · Score: 1

      They're saying that their kernel does not include GPLed code, but another program of theirs (called the HAL), a separate piece of software, DOES include GPLed code and source will be available for this program. I'm not sure I believe them; hiding the function names after a complaint sure does seem like they know they're doing something wrong.

      Their kernel does not contain GPL code, it's all written in-house. RISCOS has been around for over a decade and until recently ran on proprietry hardware using expansion cards called "podules" (real plug-and-play with drivers on-board in firmware). Castle have recently developed an additional module that plugs into RISCOS that allows it to talk to standard PC expansion cards. This their module which is an extension to the OS that they license from a 3rd party. Hope that clears it up a bit.

      Phillip.
      (disclaimer: I've previously worked for Acorn, creator of RISCOS)

  9. Perfect test Case by bstadil · · Score: 1
    This could be the perfect test case for GPL.

    You want a company with VERY shallow pockets and when they hopefully loses the case at the trial level, You want to buy the right for appeal from them for peanuts. INclude a few insignificant errors as reason for appeal, and thereby making sure the ruling will be confirmed. Then ask the supreme court to look at this and get denied.

    Presto, it is now current law until thrown in doubt by another case that GPL lost. At which point we have two competing interpretations.

    --
    Help fight continental drift.
  10. That'll never work by beavis88 · · Score: 1

    I can't imagine even one out of 50,000 floppies will make that round trip both with the data and error-free...this method has pretty much ensured that they'll NEVER have to give up the source.

  11. Salem.. no wait, mccarthyism by digitalsushi · · Score: 4, Funny

    Some day when opensource is big enough, we'll be able to take down companies just by accusing them that they stole open source code. "We won't shut ya down if you tell us where the other Cappie bastards are! Admit it, they're all stealing source!"

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:Salem.. no wait, mccarthyism by Xerithane · · Score: 2

      Some day when opensource is big enough, we'll be able to take down companies just by accusing them that they stole open source code. "We won't shut ya down if you tell us where the other Cappie bastards are! Admit it, they're all stealing source!"

      Makes sense, it's the natural evolution of the BSA.

      --
      Dacels Jewelers can't be trusted.
    2. Re:Salem.. no wait, mccarthyism by Anonymous Coward · · Score: 0

      Wrong.
      No matter how big open source gets these allegations have to be proven in a court of law.

    3. Re:Salem.. no wait, mccarthyism by GregGardner · · Score: 1

      Of course the irony being that Open Source is often described as "communist" because it's by the people based on mutual cooperation, for the good of the people, often not for profit, etc. But here you aren't tracking down communists, as McCarthy was, you would be tracking down people violating this "communist" way of doing things.

    4. Re:Salem.. no wait, mccarthyism by SN74S181 · · Score: 1

      There is a long recorded history during the early years during the early years of the Soviet Union of the government executing people for being speculators.

      Tracking people down for 'violating the communist way of doing things' has a long tradition.

    5. Re:Salem.. no wait, mccarthyism by God!+Awful+2 · · Score: 1


      Wrong.
      No matter how big open source gets these allegations have to be proven in a court of law.

      Interesting how the "chilling effect" of record companies suing users who are "merely suspected" of copyright violations is a big issue in the P2P discussions, but it's not so important when the shoe is on the other foot.

      Internal consistency not required.

      -a

  12. Let's take them up on it by sydlexic · · Score: 0, Troll

    Castle state that "any company or individual wishing to recieve 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 You will also need to enclose a formatted 3.5" floppy diskette and return postage stamps (or international reply coupons if you are outside the UK)

    While I agree that this is a shameful tactic, it's also an opportunity to inflict a little pain on them. Since they can't see fit to post the code on the net, let's start sending them tons of floppies. They have to honour the request to send the code back on the floppies (or a real GPL breach) and this will be a devastating work load.

    1. Re:Let's take them up on it by Pulzar · · Score: 1

      Why would you want to inflict pain on them before you even know if they did violate GPL or not?

      --
      Never underestimate the bandwidth of a 747 filled with CD-ROMs.
    2. Re:Let's take them up on it by gimpboy · · Score: 1

      actually they only have to honor that to people who have the software they produced in which the gpl'ed software was used to make. so if you dont have a copy of their software, you dont have the right to ask for them to make you a copy. now if you buy a copy of their software, download it off their site (i dont know if they offer free downloads), etc. then you have the right to ask for a copy.

      so everyone with a copy of their software that was compiled with source that contained gpled code should feel free to ask for a copy of the source.

      --
      -- john
    3. Re:Let's take them up on it by sydlexic · · Score: 1

      Why would you want to inflict pain on them before you even know if they did violate GPL or not?

      first, they do not have to provide the source if they did not use GPL'd software. so the offer and the website basically concede this point.

      second, it's obvious they're trying to make it as difficult as possible to obtain what rightlyfully belongs to the public under the GPL. it's not like the don't have a web site that could be used as a distribution mechanism. and it's also not a great deal of code (floppies!? hello!).

      in conclusion, they're being dicks and deserve a little pain.

    4. Re:Let's take them up on it by SN74S181 · · Score: 1

      There is no, zippo, absolutely none, requirement for them to distribute the source code widely to non-customers. They're required by the GPL to distribute the source to paying customers and/or anybody else who they give binaries to. Paying customers and/or anybody else who they give binaries to are permitted to redistribute it as they wish. They're not allowed to restrict their customers from this redistribution.

      Are YOU a paying customer? Did they give you a copy of the binaries? If not, don't waste your time and money sending them a floppy.

  13. next time we'll strip our binaries.. by robbo · · Score: 4, Insightful

    later issues of the supporting software have had to have function names removed (along with a strategy of tokenising textual messages and compressing binaries)

    In other words, that's the last time we're stupid enough to ship unstripped binaries!

    The PR also explicitly denies using Linux source, rather than GPL'ed source. Reading between the lines, these guys know full well that they're in breach and they're trying to finesse the situation.

    --
    So long, and thanks for all the Phish
    1. Re:next time we'll strip our binaries.. by Anonymous Coward · · Score: 0

      Bear in mind that RISC OS 5.xx is run from flash ROM, Castle do not have the luxury of several gigabytes of space to play with.

      They might be covering something up by tokenising text and compressing binaries, but perhaps their latest build exceeded their flash ROM storage limits and they had to make the image smaller.

  14. COULD HAVE by Anonymous Coward · · Score: 0

    not 'could of'

    1. Re:COULD HAVE by orkysoft · · Score: 1

      Relax, he must be British, just like those guys from Castle Software ;-)

      --

      I suffer from attention surplus disorder.
  15. Liars. Google cache proof. by Anonymous Coward · · Score: 5, Informative
    The Google cache of the (now removed) page http://www.iyonix.com/32bit/PCI_API.shtml
    is at http://216.239.53.100/search?q=cache:mf1nlduliL4C: www.iyonix.com/32bit/PCI_API.shtml+&hl=no&ie=UTF-8


    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.


    So, if they had clean conscious, why would they remove that page?

    I don't buy into this.
  16. Castle Denies GPL Breach by Anonymous Coward · · Score: 0

    Castle Denies GPL Breach!!! more like celda

  17. Re:Will this be the first GPL test case? -OT by Anonymous Coward · · Score: 0

    parenthetic

    I just came across this word today. Is your desk calender 'The Office'?

  18. An obvious scam by dan+g · · Score: 2, Funny

    Clearly this is just the endgame of a clever get rich scheme. They anticipate that a butt load of /.ers will contact them looking for the source code. In a few weeks they'll stop answering their phones, their website will go defunct, and Castle will for all purposes seem to have disappeared. Coincidentally, in a few days after that the number of ebay auctions for blank floppies will go through the roof.

  19. Calm down... by zjbs14 · · Score: 5, Informative
    They're not releasing that piece of source as part of some GPL requirements, they're releasing to show that it's not covered by the GPL. From the press release (empahsis mine):

    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

    I admit that it could probably be worded better, but it sounds like they could have took the function names/possibly signatures and wrote their own code. Get the source and find out. However, if the experts in this matter can still show that the object form is too close to the GPL output, then there may be something to worry about.

    --
    No sig, sorry.
    1. Re:Calm down... by stratjakt · · Score: 4, Interesting

      Thing is, if you consider that both implementations are done "correctly", the object form will be very close, if not identical.

      Hence is the inherent flaw in software liscensing/patenting. Often in programming, there's one "right way" to do things.

      Assume for the sake of argument, that both linux and riscos did this the same 'right way' in completely different voids unaware of each other. Or even say that the RisOS design team studies linux and implemented their own take on the routines in question (which is what I gather they are saying)

      Computers know 1's and 0's, and HAL implementations are as low-level as it gets.

      Just because company/group A manages to publish their implementation of the "right way" first, all subsequent efforts must do things the "wrong way"?

      If this is true, it behooves everyone interested in programming as a profession to never, ever come within 100 miles of a piece of GPL'd code. Because if you learn something, everything you write from that point on could be corrupted.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:Calm down... by zjbs14 · · Score: 1
      Exactly. I'm no expert on PCI bus operations but if they aren't that complex, then the binaries won't differ much.

      How far should this go? I mean if there's a common function (say swap(x, y) for a overy simple example) in a piece of GPL code, am I not allowed to write my own swap function with the same name and signature? And considering that there aren't that many ways to implement it, am I obligated to avoid an implementation that produces the same object code?

      --
      No sig, sorry.
    3. Re:Calm down... by praksys · · Score: 1

      Just because company/group A manages to publish their implementation of the "right way" first, all subsequent efforts must do things the "wrong way"?

      No, they can all do it the right way, but they have to be able to prove that they did not find out what the right way was by looking at the original.

      One way for this to work would be to have one group of people look at the original code, figure out how it works, and then explain that (at some suitably abstract level), to another group that actually writes the code.

      If you turn out code that looks the same, and does the same thing, and you admit that you have seen the original code, then you will be found guilty of copying the original code. It is up to you to ensure that you have proof that your code was actually developed by you.

    4. Re:Calm down... by platypus · · Score: 1

      If you turn out code that looks the same, and does the same thing, and you admit that you have seen the original code, then you will be found guilty of copying the original code.

      It's much easier, the post on lkml stated, as I understood it, that he knows how to change the linux kernel (in a "deterministic" manner) to produce the same _binary_ code!
      I bet you would have a hard time finding two different implementations of anything non-trivial which produce the same binary.

    5. Re:Calm down... by sepluv · · Score: 1
      They're not releasing that piece of source as part of some GPL requirements, they're releasing to show that it's not covered by the GPL.
      (My emaphasis)

      It may be the case that they claim that it was not released as part of some GPL requirements, but, nonetheless, they themeselves are releasing the HAL source code under the GNU GPL. The floppy disk I received from CTL includes a copy of the GPL and says on the label "Issued under the GPL". AFAICC, that could not be clearer.

      This is interesting, because if they are still claiming that they have not infringed copyright, why release it under the GPL? Also, there is no indication that it is a derived work - is this not a requirement of the GPL?

      If they issue an apology and make that it is a derived work then I'm sure that no one would sue them for damages. However, even then, would they have to issue their entire source or can the HAL (which they have now issued under the GPL) be considered a seperate work from the rest of their OS?

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  20. Hypothetical Question! by vandel405 · · Score: 2, Interesting

    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

    1. Re:Hypothetical Question! by NamShubCMX · · Score: 1

      The code doesnt belong to the employee. It belongs to the company. It is of their duties to make sure everything found in the code is legal etc... Of course, they could fire the guy, but the illegal s still their property. Their QA department should have noticed the bad code... (Of course, no company does that...)

      --
      We've always been at war with Eurasia.
    2. Re:Hypothetical Question! by infolib · · Score: 1

      Should the rest of the OS have to be GPLed? I would hope not!

      Even if they're found guilty of copyright infringement most infringements are punished by fines. In that case Castle would need to pay up and stop distributing software with GPL code in it. For future releases they'd need to replace GPL'd parts with their own code.

      That's if they're found guilty. Let's not pass judgement too fast.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    3. Re:Hypothetical Question! by John+Hasler · · Score: 1

      > 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.

      It's the execs job to know what is going on and take responsibility. If they didn't they were negligent.

      > Should the rest of the OS have to be GPLed?

      Anything they shipped that was a derivative of GPLd material should either be GPLd or all copies recalled and destroyed (unless they can purchase a license from the copyright owners).

      > I would hope not!

      What do you think would happen if the code in question belonged to Sun or Microsoft?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:Hypothetical Question! by Xtifr · · Score: 2, Insightful

      No, acceptance of the GPL is completely voluntary. If they don't want to publish their code, then it's a simple copyright violation case, no different than if they'd stolen the code from someone's copyrighted book, or used someone's copyrighted image in their work without permission.

    5. Re:Hypothetical Question! by dmaxwell · · Score: 1

      GPLing the whole thing is only one possible remedy. To a judge, a GPL violation is only going to appear to be a copyright violation. Any number of things could happen like an injunction not to distribute the work at all. Basically, the violator has to make things right with the plaintiff. If he can't then the judge will impose a remedy of some sort. That remedy will largely be at the judge's discretion and need not be GPLing the source. A more likely outcome would be negigible compensatory damages since GPL code can be distributed for free but the PUNITIVE damages could be considerable. They would probably have to rip out the GPLed code and replace it with their own stuff. They would probably have to not support the tainted code and require non tainted upgrades for their customers.

      The outcome could be very ugly for a GPL violator but it is not mandated that GPLing a violating work is the remedy. Sometimes that remedy is arrived at after arbitration of some sort but isn't necessarily the only remedy. Another remedy may be an alternative license from the copyright holder(s).

    6. Re:Hypothetical Question! by shepd · · Score: 2, Insightful

      And this, my friends, is exactly why only stupid companies write into your contract that any work you do is instantly owned by the company, and that your rights to it are immediately removed.

      If they do that, then yes, the company is liable. Their choice would likely be to redevelop on the 18-month old system and stop all development on the current version while lawyers fight it out.

      If the company is smart and doesn't claim to instantly own a worker's code, they can simply disclaim responsibility by saying that they didn't write it, and that they don't want it.

      But, IANAL, so ask yours if that's the case.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:Hypothetical Question! by titzandkunt · · Score: 0


      "...It's the execs job to know what is going on and take responsibility. If they didn't they were negligent..."

      It's the exec's job to set the strategic targets and monitor progress against these targets. The strategic aims are percolated down the chain, through team leads to the guys at the rock face. If anybody should have rung the alarm bell (if Castle are indeed in breach of GPL) it's the immediate supervisory level - the guys who have responsibility for HOW things get done, and who still get their hands dirty.

      T&K.

      --
      Political language ... is designed to make lies sound truthful and murder respectable...
    8. Re:Hypothetical Question! by Anonymous Coward · · Score: 0

      But this would make no sense, as NetBSD runs fine on ARM: they could've used BSD-licenced code. Why use Linux GPLed code then? Naivity?

  21. Nothing will happen by Anonymous Coward · · Score: 5, Interesting

    Look at what little happened over the Virgin Webplayer.

    It used a Linux kernel, some libc parts and shipped with this clause in the EULA
    Section 2.2 of the member agreements reads as follows:

    2.2 Webplayer Software License. Subject to the
    provisions of this Agreement, we grant to you a
    limited, non-exclusive, personal, non-transferable license to use and display the Webplayer Software in object code form only, solely as part of and as necessary to use the Webplayer and the Virginconnect Services. Except for the license granted to you above, we (or our licensors) retain all right, title and
    interest, including all intellectual property rights, in and to the Webplayer Software. You may not attempt (or authorize any attempt) to defeat, obstruct or
    block any or all of the Webplayer Software functionality, or to decompile, reverse engineer or disassemble the Webplayer or the Webplayer Software.

    Nothing happened to them, and unless the people who actually OWN the copyright grow a backbone and take it to court, nothing else will happen.

  22. Re:Liars. Google cache proof. by zjbs14 · · Score: 1
    Nice try with the conspiracy theory, but that page is still there.

    Or, maybe, they saw your post and then quickly put it back...

    --
    No sig, sorry.
  23. Confusion Confused by XaXXon · · Score: 4, Insightful

    Short response: D.U.M.B. A.S.S.

    Long response: You're still dumb, but here's why. First, making the source available for download does NOT cover the source redistribution part of the GPL, so the whole "not having an FTP server" doesn't matter. You have no responsibility to make copies of GPL software available to others for free or for cost. See the first question on the GPL quiz for more details on this.

    Second, he can charge whatever he wants for sending you a copy of the program. $0, $1, $100, or $1,000. As long as he makes the source available with it, or at the cost of redistribution, everything is fine.

    I really really REALLY wish people wouldn't randomly throw RMS bashes into other good articles. "Oooh, it's a GPL-related article, let's bash RMS." I'm not a huge fan of RMS, and I still call it "Linux", but I hate it when people just go off on the guy. I hate it even more that I have to go and write a response to something this stupid and waste my time. How this got modded up to 4 (oh.. it's 5 now), I don't know..

    Bah!

    1. Re:Confusion Confused by Cyno · · Score: 1

      No shit!

      Like I'm sure AT&T was selling broadband at $50/month back when RMS was charging for tape, which I'm also sure he must have been getting for free, cuz he's so evil and wants to charge you for every little thing.

      Browsing gnu.org I find links to millions of lines of FREE code because of the concerted efforts of some Richard M. Stallman. And I thank him dearly.

    2. Re:Confusion Confused by zcat_NZ · · Score: 1

      Sarcasm's a new concept to you, isn't it?

      --
      455fe10422ca29c4933f95052b792ab2
    3. Re:Confusion Confused by zcat_NZ · · Score: 1

      Sheesh!!

      I was trying to use sarcasm to make a point; the idea that GPL forces you to make your source downloadable for free and flatly prohibits any commercial use is something Microsoft has been pushing, and it's just plain wrong. It might be a little archaic, but Castle distributing the source on floppies is little different from RMS distributing his source on tapes, and it's a fairly safe bet that if Richard was doing it, it's not prohibited by the GPL.

      You're perfectly entitled to sell CD's of GPL'd software are whatever price you like. There's not a lot of room for profit however since everyone else is perfectly welcome to sell them cheaper or give them away if they wish. And you must let anyone who buys the CD know that they have this right, traditionally by the "COPYING" file in the root or /docs directory of the CD/archive.

      Nobody ever said the source code had to be freely downloadable. It only has to be readily available. If you don't include the source with the compiled program you must provide the end user with some way of getting the source. Limited to at least three years, and I think there might also be some clause about 'reasonable cost'. Free copying to floppies would comply with this. Richard's tapes did; the cost was perfectly reasonable at the time and not everyone had internet access.

      Gimmie a break. I'm not trying to bash Richard at all!

      --
      455fe10422ca29c4933f95052b792ab2
    4. Re:Confusion Confused by gimpboy · · Score: 1

      i got your point, and i thought it was funny...

      perhaps you could inform this poor soul also.

      --
      -- john
    5. Re:Confusion Confused by eht · · Score: 1

      actually it only has to be readily available to the person you made the binaries available to, if you sell a product for 10,000,000$ and some yahoo off the street demands to see the source you can tell them to go play with themselves, only the person paying the 10,000,000$ has the right to have access to the code from you, of course they could then make it freely available to anyone they wish, but you're still not required to give source to a person buying it from anyone buy you

    6. Re:Confusion Confused by Anonymous Coward · · Score: 0

      That depends one whether you chose (3)(a) or (3)(b).

    7. Re:Confusion Confused by sir99 · · Score: 1
      Read the damn GPL before spouting off please. More info on what the AC said: If binaries are already accompanied by source, the distributor has to do nothing further. If source is available by a "written offer," then you must make it available to any third party who asks for it. GPL 3a,3b:
      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      --
      The ocean parts and the meteors come down
      Laid out in amber, baby.
  24. Re:Liars. Google cache proof. by Anonymous Coward · · Score: 0

    I tried the original URL, it's still visible on the good old internet (I didn't try google, but why go indirect when you can go direct ?)

  25. Re:Liars. Google cache proof. by Anonymous Coward · · Score: 1, Informative

    Check again - it's still there, including the legitimate line about using Linux driver sources to develop RISC OS drivers (which may be separate components and may be GPL'd):

    http://www.iyonix.com/32bit/PCI_API.shtml

  26. Come on mods... by zjbs14 · · Score: 1, Flamebait

    Parent is score 3, Informative when it's completely false? It's not that hard to paste the link and try it!

    --
    No sig, sorry.
    1. Re:Come on mods... by CoughDropAddict · · Score: 1

      Parent is score 3, Informative when it's completely false? It's not that hard to paste the link and try it!

      Umm, I did and it checked out. Try clicking on this. It contains exactly the quote that the parent says it does.

    2. Re:Come on mods... by zjbs14 · · Score: 2, Informative
      Yes, and so does the page which is still at http://www.iyonix.com/32bit/PCI_API.shtml

      The point is that the page has not been removed/altered/etc. and that before modding accusatory messages up, people should take 5 seconds and check the link.

      --
      No sig, sorry.
    3. Re:Come on mods... by Anonymous Coward · · Score: 0

      Not "still" but "again"

      I checked this out a few days back when it was posted to lkml and the original announcement was posted to slash - and in deed that page had been pulled. They pobably pulled any page getting a significant increase in traffic back then to be "safe" and then after deciding it wasn't particularly incriminating, they put it (and any othes) back.

    4. Re:Come on mods... by zjbs14 · · Score: 1
      Actually, the post on lkml (http://lkml.org/archive/2003/2/7/59/index.html) has a bad url in the href, so that's probably what you (and others) saw as a missing page.

      I still don't think we've got a conspiracy here.

      --
      No sig, sorry.
  27. bzzt. wrong. by sydlexic · · Score: 1

    A GPL violation is a GPL violation. If you use GPL code in your product, the modified code and anything it touches must be made freely available to *anyone* who asks.

  28. Write some code by Teckla · · Score: 0, Troll

    I've got an idea.

    How about, instead of developers playing amateur lawyers, and worrying about their precious "free-but-not-REALLY-free" code being stolen, you...

    WRITE SOME CODE?

    What a waste of time this is. What a waste of time the GPL is. I shudder to think of the wasted hours of development because someone decided to push a political agenda by writing this stupid license (the GPL) and brainwashing-- err, convincing everyone they had to GPL their code, because otherwise, The Big Bad Monster Under The Bed was going to steal it! (OMG! OMFG!)

    -Teckla

    P.S. Mod me as a troll if you want, but god damnit, rocket scientists don't pretend to be biologists, and architects don't pretend to be chemical engineers. Can all the armchair lawyers please go home? And take their stupid GPL with them? Thanks.

    1. Re:Write some code by Eric+Damron · · Score: 1

      Come on, let it out... How do you really feel about GPL'd code?

      Do you work for Microsoft or something??
      "I shudder to think of the wasted hours of development because someone decided to push a political agenda by writing this stupid license (the GPL) and brainwashing-- err, convincing everyone they had to GPL their code, because otherwise, The Big Bad Monster Under The Bed was going to steal it!"

      What a bunch of crap. The GPL is a stupid license?? As opposed to Microsoft's? Convince people the put their code under the GPL to prevent people from stealing it?? Your lips are moving buy you're not saying anything!

      --
      The race isn't always to the swift... but that's the way to bet!
    2. Re:Write some code by _bug_ · · Score: 1

      How about, instead of developers playing amateur lawyers, and worrying about their precious "free-but-not-REALLY-free" code being stolen, you...

      You appear to be saying that programmers should just stick to programming and forget about any laws or rights that might apply to their work? To give up any and all rights to a piece of work they put their hard time and effort into?

      That's the equivalent of me telling you to stop wasting time spending money and just give me access to your bank account.

      It's absolutely ridiculous.

      The GPL exists so that you can't take my work and claim it as your own. So that, at the very least, I will be given due credit for the work I've done, the code I've created. It also keeps you from selling my work to make a profit.

      Lets go back 20 years in time. You just wrote a nifty little windows-based version of a solitare game. It's fun and a time waster and you put it out there for all to download and use. Then some guy comes along and thinks it's a pretty nifty little piece of fluff and tosses into his operating system.

      Now back in the present, we have millions of Windows users spending hours out of their work week wasted on the game you built. A game that becomes the punch line for many jokes and a stable background fixture on television.

      And you get jack squat for your work.

      It's Bill Gates and the Windows team that gets the credit. Everytime that solitare game makes an appearence on television it's Windows that people associate with it and it becomes a very valuable commercial.

      It's product placement at its best.

      Even if it helps bring in even a fraction of a percentage of the money that Microsoft hauls in and we're talking millions a year.

      And you get jack squat. Thanks for playing.

      All because you decided to not worry about enforcing your rights as a programmer because a simple cut n paste is wasting your precious development time.

      Baka.

    3. Re:Write some code by fault0 · · Score: 1

      The difference with the GPL (and other Open Source licences), is that it lets coders make modifications of other people's work, which coders like to do (as well as seeing how code works, and basing code off of other's code.)

    4. Re:Write some code by Teckla · · Score: 1

      Come on, let it out... How do you really feel about GPL'd code?

      I have nothing against GPL'd code. I do, however, think the GPL is a misguided license used by misguided developers.

      Do you work for Microsoft or something??

      No, I don't.

      What a bunch of crap. The GPL is a stupid license?? As opposed to Microsoft's?

      Oh, please. I don't like the GPL, so I must like Microsoft's licensing practices, right? You maroon.

      Convince people the put their code under the GPL to prevent people from stealing it?? Your lips are moving buy you're not saying anything!

      How can something that is supposedly free be stolen?

      -Teckla

    5. Re:Write some code by Teckla · · Score: 1

      You appear to be saying that programmers should just stick to programming and forget about any laws or rights that might apply to their work? To give up any and all rights to a piece of work they put their hard time and effort into?

      What I'm trying to say is programmers are overly concerned with protecting their source from the Big Bad Wolf.

      That's the equivalent of me telling you to stop wasting time spending money and just give me access to your bank account.

      No, it's not.

      The GPL exists so that you can't take my work and claim it as your own. So that, at the very least, I will be given due credit for the work I've done, the code I've created.

      Other licenses exist that help ensure you get credit for the work you've done.

      It also keeps you from selling my work to make a profit.

      There's that Big Bad Wolf again.

      So what if a company takes your code, incorporates it into their product, and makes a profit? How does that hurt you?

      -Teckla

    6. Re:Write some code by Eric+Damron · · Score: 1

      The GPL license made Linux, possibly the greatest open source project ever, possible. You marron.

      --
      The race isn't always to the swift... but that's the way to bet!
    7. Re:Write some code by Teckla · · Score: 1

      The GPL license made Linux, possibly the greatest open source project ever, possible.

      Linux is licensed under the GPL, so its success is due to the GPL? What a ridiculous conclusion. Perhaps you'd like to explain why the BSDs are successful despite not being GPL'd?

      -Teckla

    8. Re:Write some code by Eric+Damron · · Score: 1

      Maybe you can explain why the BSD license is better that the GPL? Is it because it allows companies like Microsoft to take the code, modify it in a way that makes it incompatible then release it again as closed source?

      This is what they did with Kerboros. By using their Monopoly power they basically stole the technology by introducing incompatibilities by design.

      Projects that are truly great that are under the BSD are great because the authors choose to keep their source open. It is the openness of the source that is the root of the success and is what makes the projects most valuable to other developers. If these BSD projects had been closed source from the beginning they would not be great.

      GPL forces the source to be open and that is why it is superior to BSD for the open source community. That being said, I do believe that the GPL should allow closed source code to link to it. This would facilitate hardware drivers, etc.

      --
      The race isn't always to the swift... but that's the way to bet!
  29. time for BSD license by Anonymous Coward · · Score: 0

    This fiasco just points out the need for more BSD licensed software so this does not happen in the future. The company has invested a lot into their software and should not have to give all that work away for nothing. If they used BSD, they would not have this problem (nor many others too).

    1. Re:time for BSD license by Eric+Damron · · Score: 1

      "The company has invested a lot into their software and should not have to give all that work away for nothing."

      If a company chooses to base a work on GPL'd code that is their choice and they must follow the agreement. If they don't want to give the code to the community that's okay but they'll need to start from scratch and not base thier work on the hard work of other's.

      --
      The race isn't always to the swift... but that's the way to bet!
    2. Re:time for BSD license by Anonymous Coward · · Score: 0

      No, this points out the need for people who are not morons working at Castle, so they can get rid of their Linux code and use NetBSD's equally robust ARM port instead.

  30. Castle may not be in violation of the GPL by Eric+Damron · · Score: 4, Insightful

    This may not be a breach of the GPL. What Castle has said is that the hardware abstraction layer was based on the Linux kernel sources. They have made that code available.

    What will determine if the remaining code is also under the GPL is how closely it integrates with the abstraction layer. Castle maintains that this abstraction layer is "roughly" analogous to a PC's BIOS.

    For those of you who don't know what the BIOS is, it is the initial code which resides on a microchip that runs when you first boot your computer. It has, among other things, the very low level I/O routines that allow your computer to read enough of your hard drive to allow your operating system to boot.

    It would be possible to write a BIOS and then put the code under the GPL. Would that mean that any OS that gets booted by these BIOS would suddenly be in violation of GPL? I don't think so.

    The two questions that need to be answered are:

    1. How analogous to a PC's BIOS is this abstraction layer? (This may be a subjective assessment and therefore open to litigation.)
    2. Is there any more GPL'd code contained in the Castle product?

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Castle may not be in violation of the GPL by Senjutsu · · Score: 1

      1. How analogous to a PC's BIOS is this abstraction layer? (This may be a subjective assessment and therefore open to litigation.)

      I wouldn't think that it was subjective at all. An OS does not link against a BIOS. If Castle's product links against the abstraction layer (which it all most certainly would have to), then it violates the GPL. It's very cut and dried to determine this kind of violation, no matter what Castle feels the layer is "analogous" to.

    2. Re:Castle may not be in violation of the GPL by Eric+Damron · · Score: 1

      This is how it would seem to me also. Everything that I know about abstraction layers tell me that they link to other code. But I haven't taken the time to review the code.

      Never under estimate the ability of a lawer to make something cut and dried into something subjective.

      --
      The race isn't always to the swift... but that's the way to bet!
    3. Re:Castle may not be in violation of the GPL by Jimithing+DMB · · Score: 2, Interesting

      I don't understand how you can make a cut and dried statement such as "if they link it's a violation, plain and simple." Could you please define linking? How is it different from calling routines in a BIOS?

      I'll give you a hint. There is little to no technical difference. Either way you're going to be pushing some arguments on the stack or placing them in registers and calling a routine and possibly receiving a return value from that routine. There really is no technical difference between these activities.

      So what makes running DOS on top of LinuxBIOS okay, but running RiscOS on top of a Linux-based HAL not okay? Unfortunately, I can't come up with an answer to this question. The only thing I can say with absolute certainty is that it will be a non-technical one.

    4. Re:Castle may not be in violation of the GPL by melonman · · Score: 1

      It's wierder than that. You are talking about an OS that has been ploughing it's own furrow on custom hardware since before Linux was a twinkle in Linus' eye, so trying to understand it in terms of standard PC hardware is not going to be very useful. As I have explained elsewhere, the whole OS is in the ROM, possibly including the fonts and some applications. So the 'analagous to BIOS' bit of the statement is just not true, IMHO.

      --
      Virtually serving coffee
  31. Microsoft's EULAs limit you in other ways by Mr+Z · · Score: 1

    Microsoft licenses also limit the things you can do around the code, such as (in various EULAs) report benchmark numbers, write reviews, etc.

    --Joe
  32. Copywrite? by Anonymous Coward · · Score: 0

    So what is this "copywrite" thing people keep mentioning? Does it have anything to do with copyright ?

  33. This is only if they are using the GPL by BoomerSooner · · Score: 1

    since it's their contention that they are using no GPL'ed code they can tell you to go fuck yourself and hire a lawyer (we'll see you in court).

    And if you're not aware Judges, Juries, and Lawyers are technical dipshits (note the M$ trial).

    If you are putting your faith in a legal system that is presided over by friends of politicians and juries of the lowest common denominator, you're a fool.

  34. Hold On. by bwt · · Score: 4, Insightful

    It seems that people have already judged them guilty of violating the GPL. I think people need to take a deep breath and answer: What exactly is the evidence that they have incorporated GPL code into their product?

    A few functions named the same as their linux counter-parts seems like rather weak evidence of a breach. Copyright does not protect ideas, so if they examined the GPL code, understood how it worked, and then re-implemented it with their own code, then this is a garden variety reverse engineering.

    On the other hand, if they actually did lift code, then it should be pretty easy to verify with or without their source code. So before anybody continues on with blabbering about how terrible Castle is, can somebody just say what the evidence is?

    1. Re:Hold On. by Wumpus · · Score: 1

      They admitted to it. Their hardware abstraction layer is derived from Linux's PCI code, and is linked against the OS. They're willing to give you the code to the HAL, but that wouldn't get them out of legal trouble - the OS itself can be argued to be a derived work of code released under the GPL, and therefore they must either stop distributing the OS with the GPL components, or release the whole thing under the GPL.

      Since their product is distributed as a monolithic PROM image, it would appear that they're linking GPL code into proprietary code, creating a work that's clearly derived from GPL code. They can go to court to try to prove otherwise, but they probably can't afford to. They're hosed.

    2. Re:Hold On. by Corydon76 · · Score: 2, Informative
      can somebody just say what the evidence is?

      You missed the second part of the allegation. Not only were Linux kernel function names found in the binary, but after making several insignificant changes to the Linux source, the resulting binaries were identical to Castle's ROM code.

      There's more than one way to skin a cat, but when you get binary-equal results, it's highly likely that somebody copied.

  35. exactly. by caino59 · · Score: 1

    Exactly...if you don't agree to the license, you don't get permission to use/modify the code.....nuff said

  36. Re:bzzt. wrong. ditto by gimpboy · · Score: 1


    A GPL violation is a GPL violation. If you use GPL code in your product, the modified code and anything it touches must be made freely available to *anyone* who asks.


    if i take gpl'ed code and modify it for internal use do i have to release the code to any person who asks for it?

    your comment would suggest yes, but that is not the case here.

    from the gpl
    "
    For example, if you distribute copies of such a program, whether
    gratis or for a fee, you must give the recipients all the rights that
    you have. You must make sure that they, too, receive or can get the
    source code. And you must show them these terms so they know their
    rights.
    "
    so if i have not recieved the software, then i'm not entitiled to the source. this entitlement comes with the software and not by the action of modification. in other words you must have the product in order to have the rights associated with that software.

    --
    -- john
  37. Again, can someone by hrieke · · Score: 1


    tell me if their platform is just a copy of the LART project?

    --
    III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    1. Re:Again, can someone by wzm · · Score: 1

      No, it isn't. Lots of companies make ARM based stuff. Acorn, the original owner of RISC/OS, designed and produced the original chips. Saying that they are stealing someone elses ARM based designs is rather funny, although Castle could very well be working off of the XScale and StrongARM reference designs, like most companies do.

    2. Re:Again, can someone by Tribbles · · Score: 1

      Other way around, and also incorrect.

      1) The Castle RiscPC predates the LART project by a few years (the RiscPC came out in '93 FWICR, the earliest bit of news on the LART is '99). This /does not/ run RISC OS 5 (it runs RISC OS 4).

      2) The Iyonix uses the XScale processor, whilst the LART uses the StrongARM - the XScale's predecessor.

      So to say it's a ripoff of the LART is incorrect.

    3. Re:Again, can someone by hrieke · · Score: 1

      Thanks for clearing that up.

      --
      III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
  38. the GPL might well be at risk by g4dget · · Score: 1
    Without a license, you cannot use copyrighted material.

    That's nonsense. Copyright restricts copying, not use. What companies attempt to do with software licenses is to get you to agree to certain conditions in exchange for being permitted to obtain the software. But the restrictions arise from the license, not copyright. Furthermore, the ability of publishers to impose such licenses has traditionally been rather limited: publishers may force you to agree to a license saying that you can't resell a book, but you can resell it anyway no matter what the license says and there is nothing they can do about it.

    And the GPL is at risk, in multiple ways. A court might say that there is no "valuable consideration" involved in the GPL licensing, and hence no contract exists for someone receiving GPL'ed software. As a result, the recipient can either not redistribute the software at all, or the court may decide that GPL'ed software is, for practical purposes, in the public domain. Either of those outcomes would not be very good for the GPL.

    I'm not saying that I agree with that reasoning, I'm just saying that there are plenty of ways in which a court (in particular, a court biased in favor of Microsoft and commercialism) could draw a line between the GPL and commercial licenses and do grave harm to open source software. So, don't become complacent.

    Ideally, we would get a legislative clarification of copyright law that explicitly provides for open source and free software licenses.

  39. HUGE difference... by sterno · · Score: 1

    The thign with the GPL is that it is assigning rights to you that you would otherwise not have. Notably these rights include redistribution, modification, etc. Microsoft licenses take your basic rights under copyright and restrict them further. So the GPL is granting you rights you'd otherwise not have, not restricting rights you otherwise should have.

    --
    This sig has been temporarily disconnected or is no longer in service
  40. GPL is unenforceable anyway. by glrotate · · Score: 1

    IANALBMSI (I am not a lawyer but my spouse is)

    Because it lacks consideration the GPL will not hold up in court.

    to quote:

    "3. Some CONSIDERATION must pass between the offeree and the offeror. ... The reason this is unenforceable is that there was no *exchange* between you, no quid pro quo; Alice didn't give *you* anything of value in exchange for your promise. Without that -- without what the law calls "consideration" for your promise -- your promise is not enforceable in court."

    The GPL will in all likelyhood is worthless.

    1. Re:GPL is unenforceable anyway. by EllisDees · · Score: 1

      If that is the case, then no commercial EULA will hold up either. After all, I've already paid for the software and I'm not getting anything in addition to what I've already bought by clicking 'agree'.

      --
      -- Give me ambiguity or give me something else!
    2. Re:GPL is unenforceable anyway. by David+Price · · Score: 2, Insightful

      The GPL is not a contract: "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."

      It is simply a grant of rights conditional on a particular set of actions being taken.

      But if you want to think of it in the consideration framework, the licensee receives the right to distribute GPL'd code in ways not normally permitted by copyright law, and the licensor receives the fulfillment of his or her desire that the software be redistributed according to the terms of the GPL.

    3. Re:GPL is unenforceable anyway. by ChaosDiscord · · Score: 1
      The GPL is not a contract: "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."

      I love the GNU Public License. That's such gloriously plain language. It's really the meat of the GPL. It's a bit formal, but plenty readable by the majority of people literate in english. (Don't read english? try a translation.) It's a darn shame it's buried halfway through the document.

    4. Re:GPL is unenforceable anyway. by bnenning · · Score: 1

      Exactly. The GPL is a "license" in the true sense of the word; it's a grant of permission to do something that you otherwise couldn't. No consideration is required because there is nothing taken from the user of GPL software. The consideration argument *should* apply to the typical commercial EULA which attempts to remove your rights in exchange for nothing, and thus those should be struck down.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    5. Re:GPL is unenforceable anyway. by Grayputer · · Score: 1

      Aaahhhh, IANAL but ... I believe consideration HAS taken place. I create a program under GPL. Under copyright you may NOT copy and redistribute it. Under GPL I have granted you a right to redistribute it. For that right, you must agree to grant me a consideration of distributing your source under the same license. What's the issue? Consideration isn't always money, if it was barter wouldn't be contractually enforceable or taxable.

  41. Misconceptions? by Anonymous Coward · · Score: 1, Insightful

    a few remarks:
    - it's fun to cite US law... but Castle is a Brittish company and the alleged infringment was in the UK!
    - you keep copyright over your original sources, even if you link them with GPL-ware.
    - a derived work has shared copyright by both the original author and the editor.
    - If you want Castle's source on floppy: are you capable of reading ADFS formatted floppies?
    - last time I looked at RISC OS (v3.10) it was a very modular operating system.
    - Castle will likely have licenced the major part of RISC OS from RISCOS Ltd, they don't own the source!

    Castle (likely) can only legally share the code they own. If they provide the contested source on floppy then that would be (minimal) conformance to the GPL, assuming the sources are really derived from Linux sources. If those sources aren't derived from Linux sources, Castle has the right to distribute them as they seem fit.
    The receivers of the floppy have to note that there can be significant consequences for them when they redistribute code where Castle has the copyright.

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

      Pace in the UK owns the source of RISC OS. Risc Os ltd is just one of the license holders like Castle is. Risc Os Ltd wasn't involved in Castle's developments AFAIK, while several people were working for both companies. The podule to PCI driver conversion was seen as the main obstacle to get RISC OS on PC like hardware. I wonder what Microdigital uses to get RISC OS working on the Omega. There are PCI slots in that computer as well. They certainly are not cooperating with Castle. If there's a real GPL problem then Pace is the only company that can make RISC OS an open source OS but I bet they will not do that and even can't do it as they sell RISC OS derivatives to big companies for setop boxes etc.

      BTW RISC OS had from the start DOS and Atari floppy formatting included next to ADFS so making a DOS flop isn't a problem.

  42. Comparison to bnetd / vivendi complaint? by Anonymous Coward · · Score: 2, Interesting

    Do you remember the bnetd / vivendi complaint? I'll recap here briefly:

    Vivendi: You stole our code. There was a bug in one of our subroutines, and your implementation included the bug. Also, some of our subroutines look identical.

    Bnetd: Of course! Since the bnetd project was basing its code on the unprotected network traffic between client and server, the code would contain the bug because it was observed in said traffic.

    Furthermore, If the two programs do the same thing, it makes sense that some of the code will be the same, simply because its the easiest / best way to implement it.

    Is it possible that something similar is occuring here?

  43. For goodness sake, read the article by Anonymous Coward · · Score: 4, Insightful

    Here's what they say

    The press release goes on to state that "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:"[snip functions]

    Castle state that "any company or individual wishing to recieve a copy of the source code to this component should apply in writing to:" [snip address]You will also need to enclose a formatted 3.5" floppy diskette and return postage stamps (or international reply coupons if you are outside the UK)

    So, the title "Castle deny GPL breach" is wrong. Castle have (somewhat grudginly) admitted using GPLed source and announced their intention to comply with the terms of the GPL. They emphasised that the Linux code they used is in their HAL and not the RISC OS kernel to explain why they will not provide the source to RISC OS.

    So, IconBar titled their article "Castle Technology deny GPL breach" because they had not fully understood the press release they were quoting. The submitter submitted it with a similar title because he hadn't understood it either or because he hadn't read as far as the third paragraph. Chris DiBona posts it and says "Looks like this one isn't going away quietly" presumably because he hadn't read the third paragraph. There are as I write this 207 posts on this topic, most of them overexcited and almost all of them from people who didn't read as far as the third paragraph. I find this all hilarious.

    1. Re:For goodness sake, read the article by sitedrm · · Score: 1

      It appears that you are the one who can't read. It says "based on the following functions from the Linux kernel sources" and not "using GPL code from Linux". They had a look at the code in Linux to get ideas about how to implement PCI. That's quite different to using the actual code.

    2. Re:For goodness sake, read the article by Anonymous Coward · · Score: 2, Insightful

      (the same anon coward here, not that it really matters)

      It appears that you are the one who can't read. It says "based on the following functions from the Linux kernel sources" and not "using GPL code from Linux". They had a look at the code in Linux to get ideas about how to implement PCI.

      No. They duplicated Linux source. See Russell King's lkml post. I suppose I can't blame you for not having researched this in depth, but I think I can blame you for faulty reasoning. "Based on" could mean their source was based on the Linux source or, as you suggest, based on some of the ideas in the Linux source, but if so it would (almost certainly) not infringe the Linux authors' copyrights and so:

      a) why would Linux hackers have complained?

      b) how could they even know that Castle had done this? (in fact it first got noticed because the function names were there in the binary, and after Castle removed them it was still verifiable that object code produced from those functions was still in there)

      c) why would Castle now be providing their source if they hadn't infringed the GPL?

      In summary, please engage brain before posting. (ooh, I am enjoying this rude anonymous coward lark).

  44. Bushism by KnightStalker · · Score: 1

    Perhaps we could send inspectors to investigate the company and require them to prove they destroyed all the unlawful code that we had previously given them.

    --
    * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
  45. No, actually you missed it... by Kjella · · Score: 1
    This is important and many people seem to have missed it: You do not need a license to personally use (read, watch, run, listen to, whatever) a copyrighted work you purchased.
    Oh but you do, because of the DMCA you must have a licenced device to watch a DVD. And they could very well make a non-transferable device licence, and deny you from getting one. "You will not get a licenced device from us until you [insert demands here], you can buy shiny discs all you want but you'll have no legal way to play them." Of course they haven't done it, as it would be political suicide, but legally they could. Nothing can force them into giving you a licence, and the DMCA requires you to have one. Of course not for me, because I don't live in the land of the free...

    Kjella
    --
    Live today, because you never know what tomorrow brings
  46. MOD parent up by Anonymous Coward · · Score: 0

    It's a shame I had to read through 8 other replies to finally find one that makes sense.

    Not only is it important to make sure the legitimacy of the GPL stands up, but it's also important to represent it positively. If every time, a person or company is accused of violation, a bunch of rabid slashdotters harras and spam them, no company is gonna want to go near it.

    You're right, I didn't use the code so it's not my fight. If the authors do want help, I have no problem making a donation but it's there call.

  47. Fuckin hell. that's some shit by Anonymous Coward · · Score: 0

    How come i've never heard of this?

    1. Re:Fuckin hell. that's some shit by Anonymous Coward · · Score: 0

      I have no idea why you had not heard about it.

      I know about it because I have one of the original units, with EULA.

      I'm guessing no one took action who could (people who contributed to the Kernel and whatever other parts) because they didn't want to actually spend the money on a lawyer VS a company that HAS lawyers like Virgin. Remember too that Linus is employed by an embedded processor company and this application is an embedded application.

      Now, if it had been Microsoft, yes, then some of these same people would have done something because it was Microsoft. But other moneyed interests...nope.

    2. Re:Fuckin hell. that's some shit by Anonymous Coward · · Score: 0

      because absent a link it is the insane ramblings of a ./ troll

    3. Re:Fuckin hell. that's some shit by Anonymous Coward · · Score: 1, Informative

      Why not actually RESEARCH the claim? Oh, wait, you arn't too bright are ya?

      http://216.239.37.100/search?q=cache:618Ah-5N0gk C: web.gnu.walfield.org/mail-archive/linux-kernel-dig est/2000-July/0112.html+gpl+violation+webplayer&hl =en&ie=UTF-8

      Thanks for showing you are clueless.

  48. Re:Liars. Google cache proof. by TheRaven64 · · Score: 1

    Maybe to stop rabid GPL barack room lawyers hounding them because they mentioned the word 'Linux' but aren't one of the open source elite? It sounds as if they just made their API look like a Linux one to make porting easier, and then got flamed to death by the GPL Thought Police. I guess that'll teach other companies to try to integrate with Linux...

    --
    I am TheRaven on Soylent News
  49. In short, no by Kjella · · Score: 2, Informative

    The people trying to enforce the GPL are in fact very kind. They usually leave you two choices

    1) Release it under GPL
    2) Admit to breaching it (by accident or intentional), settle for a full press release and removal of the infringing source code

    If they really wanted to be assholes, they could simply file charges for copyright infringement, Usually, if they not only copied the code, but presented it as their own work they could be sued with fraud too. And (if found guilty) the company would have to pay damages. Complying with the licence after the crime would not free them from any liability.

    So you see, releasing it under GPL is a settlement offer from the copyright holders. They don't have to make the offer, and the company doesn't have to accept.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  50. Wrong. by Pheersum · · Score: 1

    They put the code in the HAL. They are offering the source to the HAL ("this component") It's safe to assume that, from the information the article gives (the HAL is comparable to a PC BIOS), the HAL is not linked to the kernel.

    1. Re:Wrong. by aqua · · Score: 2, Interesting
      It's not safe to assume that at all. You can implement a HAL a number of ways, but one of the simpler, lighter-weight ones is just to use a layer of interface abstraction code in a kernel through which lowlevel driver code serves up the interface to a device through a common API -- for example, a common timer interface applied to a CPU's clock. There don't need to be any process space boundaries or linker divisions at all. There's at least one major OS using a HAL layer in this fashion -- it's a separate "component," but only to the same degree that the Linux kernel's IDE and block-layer subsystems are separate components.

      Link-based licensing (compile-time or runtime) tends to get compilicated (or complicate things) in the embedded world, where many devices use single statically-linked system images. The conventional linking-based interpretation of the GPL's standalone-works stipulation (GPL section 2) is a bit awkward in that context. If you take a loose view of the link restrictions (e.g. accepting compile-time linkage), then the GPL contaminates the least part of the incorporating work that could "be reasonably considered independent and separate works" -- possibly a driver, a HAL, or the whole kernel.

  51. Floppies??? by Lispy · · Score: 1

    "You will also need to enclose a formatted 3.5" floppy diskette and return postage stamps (or international reply coupons if you are outside the UK)"

    Last time i checked it was 2003.
    Why not just mail the code rather than snailmail it?

    ??,
    Lispy

    1. Re:Floppies??? by Anonymous Coward · · Score: 0
      Pretty obvious isn't it?

      Only truely interested parties will go to the bother of dropping a wee parcel into their letterbox.

      P.S.
      Don't forget to make it a Acorn formatted floppy disc mind. ;-)

  52. Thats just plain wrong. by Raistlin99 · · Score: 1

    As far as they have stated, and anyone has been able to prove they are not using GPL software. They don't have to release anything. They are releasing this bit of code so people will see they are not violating the GPL. Your postings usually get modded up to the 4 or 5 range, so I'm a little shocked that you didn't actually read the press release, or if you did you weren't paying attention. The press release pretty much paints the picture for you. It doesn't settle the issue, but it does not say what you think it does.

    --
    I/O, I/O, its off to disk I go, with a read and a write, and a bit and a byte, I/O, I/O, I/O, I/O
    1. Re:Thats just plain wrong. by Eric+Seppanen · · Score: 1
      I've read the press release, and I don't see what you think is incorrect about my post. Can you be more specific?

      They say "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"...

      Even though they don't say "GPL" in there, there isn't any other legitimate way for them to "base in part" their code on linux code other than under the GPL conditions.

      --
      314-15-9265
  53. Re:What's the punishment here? by CoolVibe · · Score: 2, Funny
    Nah, worse. Confiscate their loud hawaiian shirts. They'll never learn otherwise.

    yeah I know it's cruel, but some things just _have_ to be done. If they still persist, we just _might_ think about making them use VB for kernel development.

    *evil grin*

  54. Doesn't CW protect against resell use? by NaugaHunter · · Score: 1

    Isn't the issue that they reuse code that wasn't theirs, without the license that allowed them? How is that different then someone else using my short story in their book? Fair use would allow people to read and share my stories (with limits), not pass them off as their own. I would hope the same principle is what applies to the code I write.

    And yes, there are bigger issues with all of that, and personally I would agree copyright lengths are to long. I am trying to address the second paragraph's phrase "to use material protected by copyright". The main issue with copyright is exactly what the use is.

    So as far as the GPL goes, the upshot (as far as I can tell as a layman) is that you can go beyond the normal allowed uses of the given copyrighted material if you follow some rules. If you don't, you are in violation of both the GPL and the copyright.

    Again, that's just my impression. If I'm wrong, I'd love to know.

    --
    R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
  55. Not in the Kernel.. the BIOS-Equiv by ViVeLaMe · · Score: 1

    read what you quote.
    the HAL (the part which must fit into 4Mb ROM, and is equivalent to a PC BIOS) has some of its function based on the Linux Kernel. The offer to make the source available.
    If, because in the "BIOS" they used some GPL code (and follow the GPL, by releasing the source, as they state they alreeady do, and as they state they WILL, since it will be an integral part of the port of Linux to their new X-Scale based platform) they have to release their kernel source, something is seriously fuxxored up, and i think u don't have the right to distribute any x-86 linux distro, 'cause it goes on the reverse: the BIOS isn't Open Source, by a far cry, even if the kernel is...

    --
    i had a sig, once..
    1. Re:Not in the Kernel.. the BIOS-Equiv by melonman · · Score: 1

      The equivalent of the BIOS

      Much as I love RISC OS and wish Castle well, this is pretty disingenious. Pretty well the entire OS is in the ROMs: with V3 you could boot the machine into a windowing environment and produce vector graphics with the equivalent of Mac Draw, complete with anti-aliased fonts, and print the result, without even inserting a floppy. I think the applications moved onto disc in v4, but there is still an awful lot more than a BIOS on the ROM.

      --
      Virtually serving coffee
  56. Re:3rd post! by Ponty · · Score: 1, Interesting

    Judging from the performance I've seen from this Cybernetics Corporation device, I would never purchase any Ps1t generator that they sold. The technology just isn't mature enough yet. I'm sorry.

  57. Yes there is by Raistlin99 · · Score: 1

    If I look at code from the Linux source and then produce my own version with out using any of the Linux source, I have not violated the GPL, but my code is based in part on the linux code. This falls within fair use.

    --
    I/O, I/O, its off to disk I go, with a read and a write, and a bit and a byte, I/O, I/O, I/O, I/O
    1. Re:Yes there is by Eric+Seppanen · · Score: 1
      Ah, I understand. You believe that "based in part" means "we looked at it and then produced our own version".

      I think "based in part" means "we copied the code and then added a bunch of our own stuff". I still believe that my reading is correct, because if they had _not_ copied linux code nobody would have been able to find linux code in Castle's code.

      I've written PCI config code before, and it's not so simple that there's only one (or ten) ways to do it. There's no way that Castle wound up with identical code (which was the original complaint) unless they deliberately copied some source from the Linux kernel.

      --
      314-15-9265
  58. mere aggregation? by morgue-ann · · Score: 3, Insightful
    Considering the original allegation and the press release, they are not inconsistent, but bring up an important question for the GPL. If we accept that the GPL'd code only went into the HAL, not the kernel and Castle is willing to distribute source for the whole HAL (actually, it seems like they're distributing part which is not OK), why don't they have to distribute source to their kernel?

    From term #2 of the GPL (emphasis added):

    In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

    I've asked it before and here I go again: "What the hell is a volume of a storage or distribution medium and what's aggregation?"

    When the (first) GPL was written a "volume of distribution medium" was a tape snail-mailed from the FSF in Boston, or for work-derivers, a tape or maybe as Castle is doing, a floppy.

    I understand that this exception is how binary kernel modules (NVidia) can be distributed in a CD-ROM with the GPL'd Linux kernel, gcc, emacs, etc.

    However, Castle is putting the HAL and kernel into a Flash ROM. Even if they aren't statically linked together (not hard to imagine: HAL boots & uncompresses kernel image into RAM, then jumps), is this mere aggregation? One can extract a single file from a tape or CD-ROM, but can you un-aggregate a ROM?

    Consider TiVo: is the closed-source application "merely aggregated" with the GPL'd kernel? You can put the hard drive in a PC & un-aggregate, but this violates your warranty and is not as trivial as grabbing a file from a CD-ROM.

    When does "aggregation" end as "volume of storage medium" becomes more deeply embedded? If the ROM is soldered down instead of socketed? If it's inside a microcontroller with the security fuse thrown so it can't be read out?
    1. Re:mere aggregation? by Anonymous Coward · · Score: 0

      The OS is mapped into (write protected) RAM.
      There is an OS command that'll save any chunk of memory to disc.

      Save the appropriate range of addresses and you have a copy of the contents of the ROM (you can also save individual RISC OS relocatable modules though AIUI the HAL isn't in one of these because it is executed before RISC OS starts up).

      Also, Castle distribute FlashROM updates. These contains the flasher program and the ROM image (haven't looked to see if it is encoded though).

      So in answer to your question, yes (in this case) you can unaggregate RISC OS and the HAL fairly easily.

      How useful either bit is alone has been (and presumably will continue to be...) the subject of some debate over on csa.misc. :-)

      Whatever happens you won't see the whole of RISC OS open sourced (and what do you guys want with close to 4MB of hand coded ARM assembler anyways? ;-).

      Take legal action (and win) and all that'll happen is that Castle will be sunk and Pace will put RISC OS in a vault and throw away the key...nobody will get it.

      Ironic that a license (the GPL) that is supposed to make more software freely available may end up burying some forever, isn't it?

  59. Re:Liars. Google cache proof. by Anonymous Coward · · Score: 0

    FFS, amazing how many fuckwits have modded the parent up. The page has not been removed, etc, etc.

  60. But what if... by gidds · · Score: 1

    ...the GPL is ruled valid, but Castle is ruled not to be in breach of it (e.g. by some jiggery-pokery with the `derived works' wording)?

    --

    Ceterum censeo subscriptionem esse delendam.

  61. Re:Liars. Google cache proof. by CMU_Nort · · Score: 1

    What are you talking about?

    www.iyonix.com/32bit/PCI_API.shtml loads just fine for me. And it doesn't even appear to be modified at all. Stop spreading FUD.

    --
    --------- Beware the dragon, for you are crunchy and good with ketchup.
  62. "For the avoidance of doubt" by Anonymous Coward · · Score: 0

    I was just the other day joking about the phrase "for the avoidance of doubt" as an example of sloppy British legal drafting.

  63. Mod parent up! by GlowStars · · Score: 1

    Mod parent up!

  64. The knotty question by stevelinton · · Score: 2, Interesting

    Assuming that Castle aren't lying then this goes straight to the hard question of the GPL (and of Copyright law enforcement in general) -- what is a derived work?

    They admit that they have a GPL component and offer source. Fine. Then the question: is the product as a whole, a derived work of this component, or are they separate works, distributed together? If the former then Castle are in breach and would need to offer their entire OS under the GPL, the latter they are fine.

    This question comes up in other places. For instance is Linux kernel + binary only module a derived work, or are they separate works? This ha snever been tested, but Linus has expressed some opinions.

    It seems agreed that Linux kernel + proprietary user mode software (eg a Linux PDA with some proprietary app on it) are separate works, but in the embedded software world, even this becomes murky.

    There is a real question here which can only ever be finally resolved by precedent.

    1. Re:The knotty question by Anonymous Coward · · Score: 0

      RISC OS uses a wholly modular architecture. The HAL section will have no relation to the rest of the OS. Put another way, they could easily rewrite the HAL section and not have to change a single line of the remaining OS code.

      Imagine I'm writing a new non-GPL OS for PC-based architectures. I see some cool floppy-reading GPLed code and include something similar in my fd driver. After release, someone finds out that I looked at that GPLed code and demands I release the whole source of my OS.

      I release the source of my fd driver (by any means I see fit). I have no need to release the rest of my code, as none of it was based on the GPLed original.

    2. Re:The knotty question by stevelinton · · Score: 1

      What you say seems sensible enough, but I'm not sure it's the law.

  65. Old skool? by DoctorFrog · · Score: 1

    I still have a couple of 8" floppies in the cupboard! ;)

  66. Parent post has hit the nail on the head by Scorchio · · Score: 2, Insightful

    I have, as part of my work, been required to disassemble binaries and re-implement in C. It always used to make me smile when a chunk of asm revealed itself as a simple plane intersection routine, linked list management, matrix transform, hardware init sequence, or whatever. Recompiling the C implementation often produced *exactly* the same asm.

    My point echos the parent post: if you are writing code with the same functionality, it shouldn't come as a shock when the binaries match, especially - as was mentioned - if some massaging is done to one version to make them match.

    Of course, no one can say one way or the other until they've seen the source code that Castle has agreed to show. I suspect they merely used the GPL'd code as reference, and wrote a similar version that matched their hardware, which isn't your bog-standard PC. How stupid would they look if they say it isn't the GPL'd code when it is, then show it to people? I mean, really..?

    I'm biased, I'll admit that. I've been an Acorn/RISC OS user for many, many years. But I'm disgusted at the pitchfork and torch reaction this issue has received here. Linux/OSS users should be all-to-familiar with a platform struggling against a much larger organisation. Never before have I seen such two-faced, knee-jerk ranting on this site, and that's saying something.

  67. Let's wait until the source code has been reviewed by Scorchio · · Score: 1

    Linux source code can be slightly modified to produce the disputed code

    I've mentioned elsewhere on this section that two functions written to perform the same task in the most optimal way can often compile down to the same or very similar binary. Add a few slight but guided modifications and you're even more likely to create an identical version. Nothing but the original source code can show whether GPL'd code has been directly copied or not.

  68. Pity.. by fistynuts · · Score: 1

    I wish RISC OS had gotten this much attention years ago! Unfortunately, no-one in the US cared about it except for a group of people in Redmond who borrowed some ideas for use in a new OS they were creating...

    --
    "You heard the man, Tubbs.. get undressed."
    1. Re:Pity.. by EPDM · · Score: 1

      Yeah... and nobody threatens to sue THEM....

      Stupid people.

      The only full h/w and s/w alternative to American-originated computers. And coincidentally just when a technically concurent machine arives which might pose a threat to other dominant players, ppl sit up and find something to hold them back.

      I'm really disgusted by so much hypocrisy in this IT world.

  69. Difference between BIOS and HAL by neomorph · · Score: 1

    There is a minor but significant technical difference between linking to a hardware abstraction library (HAL) and making a call to a BIOS or ROM Monitor.

    When system code wants to issue a call to the BIOS, it issues a software interrupt, which causes an exception that the BIOS handles.

    When system code wants to call a function in a HAL, the code sets the program counter to equal the address in memory of the particular HAL call. The only reason why the system code knows where the function lies in memory is because it has been LINKED with the system code and LOCATED into physical memory.

    The difference between using a BIOS and a HAL is akin to writing a proprietary Linux program that executes "ls" and grabs its output, and writing a program that has recompiled "ls" into a library and directly calls "ls" functions. According to the GPL, the former is fine, while the latter is a no-no. On another note, if the ls library were relicensed LGPL, then it would be fine.

    I think this demonstrates that Castle doesn't really understand the GPL and needs to get a good lawyer.

    1. Re:Difference between BIOS and HAL by Jimithing+DMB · · Score: 1

      You show a great amount of technical understanding of how BIOS routines are normally called and of how linking is normally done. You have merely stated the quite obvious facts that I already know (though it's good to put them out there for the typical slashdotter).

      Where you fall short is your assumption that a BIOS or HAL must be written exactly as you specify.

      What stops me from writing a HAL that responds to software interrupts? What stops me from writing a BIOS that instead of using software interrupts has a jump table in a well defined memory location just like dynamic linking?

      So far it's hard to say if Castle did anything wrong. They are complying with the GPL with respect to the HAL because they will release code to all customers who ask for it. Well, at least after being slashdotted they will.

      I think Castle understands the GPL quite well. Remember, the GPL allows one to run GPL software on top of proprietary systems, and as evidenced by Linux it also permits running proprietary software on top of GPL systems (though without linking to GPL libraries, thus why glibc is LPGL). I think the real question here is that of separation. Is the HAL reasonably separate that it can in fact be considered like a computers BIOS? What about the other stuff? It's my understanding that RiscOS came from another platform. So essentially they are running software they had already written on top of a GPL HAL. Considering that on the original machine the HAL would actually have been the BIOS I can see a case for this.

      Do I like it.. no.. it weakens the GPL. But I fear they may be in the right here.

    2. Re:Difference between BIOS and HAL by neomorph · · Score: 1
      What stops me from writing a HAL that responds to software interrupts?

      Efficiency, for one. The trap interface has overhead that is usually undesirable for the low level routines. Also, unlike the x86, there is only one software interrupt on ARM. So, the trap interrupt logic that vectors to the HAL calls would have to be shared with the logic that vectors to RiscOS calls. This is not impossible, but certainly messy. Plus, the modifications to the HAL to make it work with software interrupts would be governed by the GPL and would have to be distributed.

      What stops me from writing a BIOS that instead of using software interrupts has a jump table in a well defined memory location just like dynamic linking?

      That is linking. You are just doing the work that the linker usually does. Regardless of whether you use the standard linker, you are still placing a table in memory so that your application uses to call GPL code, which means your application must be GPL.

      If this was legal under the GPL (not the LGPL), any proprietary application could use any GPL code by just using some jump tables.

      They are complying with the GPL with respect to the HAL because they will release code to all customers who ask for it. Well, at least after being slashdotted they will.

      There is more to the GPL than distributing source code. You must also notify in every release how someone can acquire the source code, which Castle has not done.
  70. Re:Will this be the first beer test case? by Chexsum · · Score: 0

    Unless the court rules that releasing the source under the GPL is tantamount to making it public domain.

    That wouldnt be so bad. A new license could be written and anyone would have the right to use the old code *hence interoperability* - update the version in the license clause and its re-protected *maybe - hehehe*. ;)

    if (GNU_GPL == PUBLIC_DOMAIN) freedom.celebrate ();
    else printf ("Err, somethings wrong!\n");
    self.stupify ();

    --
    Pixels keep you awake!
  71. Dan, please reply by fuzzykitty · · Score: 1

    Dan, its Dan. I lost your email, please email me, my address is ******@alum.rpi.edu where the stars are the first five letters of my last name followed by the first letter of my first name (in case you no longer have it).

  72. Last Post! by alpg · · Score: 0

    Fellow programmer, greetings! You are reading a letter which will bring
    you luck and good fortune. Just mail (or UUCP) ten copies of this letter
    to ten of your friends. Before you make the copies, send a chip or
    other bit of hardware, and 100 lines of 'C' code to the first person on the
    list given at the bottom of this letter. Then delete their name and add
    yours to the bottom of the list.

    Don't break the chain! Make the copy within 48 hours. Gerald R. of San
    Diego failed to send out his ten copies and woke the next morning to find
    his job description changed to "COBOL programmer." Fred A. of New York sent
    out his ten copies and within a month had enough hardware and software to
    build a Cray dedicated to playing Zork. Martha H. of Chicago laughed at
    this letter and broke the chain. Shortly thereafter, a fire broke out in
    her terminal and she now spends her days writing documentation for IBM PC's.

    Don't break the chain! Send out your ten copies today!
    For example, if \thinmskip = 3mu, this makes \thickmskip = 6mu. But if
    you also want to use \skip12 for horizontal glue, whether in math mode or
    not, the amount of skipping will be in points (e.g., 6pt). The rule is
    that glue in math mode varies with the size only when it is an \mskip;
    when moving between an mskip and ordinary skip, the conversion factor
    1mu=1pt is always used. The meaning of '\mskip\skip12' and
    '\baselineskip=\the\thickmskip' should be clear.
    -- Donald Knuth, TeX 82 -- Comparison with TeX80

    - this post brought to you by the Automated Last Post Generator...