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CherryOS Not All It's Cracked Up To Be

CherryBS writes "The CherryOS emulator, claiming that it could seamlessly run Mac OS X at 80% the speed of the host computer on standard x86 hardware (covered here previously), has created some controversy about stolen code. It turns out that CherryOS's emulation engine is nothing more than that of PearPC, an open source GPL project to create a PowerPC motheboard emulator." Read on for more details.

CherryBS continues "PearPC developers who have seen CherryOS have confirmed it is a fraud, while others remaining anonymous have posted the 'strings' output that CherryOS and PearPC share, showing many function names, warning/informational message strings that exist verbatim in PearPC. Additionally, now-pulled screenshots of CherryOS, mirrored in the long thread at pearpc.net, show CherryOS's boot process revealing variable names and missing or incorrectly emulated hardware in such a way as to be specific to PearPC. Arben Kryeziu, the developer of CherryOS, claims that no code has been taken from PearPC whatsoever, and that he will release a trial version this week. However, with the amount of deception on the part of the company, and considering this wouldn't be the first time he's violated the GPL, it's hard to believe they're telling the truth. Additionally, Kryeziu now claims the "trial" may "disable modules like sound or drag and drop"...likely because PearPC itself does not support such features. To further add to the tale, someone who was likely Arben was specifically asking for video server load testing for their vx30.com video codec/server product, even specifically mentioning slashdot as a great candidate, and in the days following the CherryOS story unfolding, went back and deleted the posts. The first day, all that was left online were two videos, one of which was subsequently removed because of PearPC-specific strings in the boot process shown in the video..."

581 comments

  1. What a surprise by __aavhli5779 · · Score: 3, Interesting

    The other day, when I first saw mention of 'CherryOS', the first thing that came to mind was "I bet they're using PearPC code without attribution.". A full-featured PPC emulator (an incredibly difificult accomplishment) coming out so soon after another?

    Glad to see that my fears were vindicated. DIE, HOARDER SCUM.

    1. Re:What a surprise by Anonymous Coward · · Score: 5, Funny

      The difference between PearPc and CherryOs is that Cherry has personal info about hundreds (thousands?) of users who filled their contact form.

    2. Re:What a surprise by sholden · · Score: 0, Redundant

      Why does that make you glad?

    3. Re:What a surprise by Anonymous Coward · · Score: 0, Offtopic

      Wow. tehdely says "I knew it!" and it's moderated Informative - well, informative regarding his lack of thought before posting, the stupidity of moderators and the ease of gaining mod points if you get your post in early.

    4. Re:What a surprise by UrgleHoth · · Score: 5, Insightful

      Too bad the mass media did not think of that when given the press release. No, instead, they just blindly passed it on to news consumers. This is a real problem with our media sources. Journalists do not do their jobs. Do you think any of them will learn from this? Nah, me neither.

      --

      Dogma - "let's just say we'd like to avoid any empirical entanglements."
    5. Re:What a surprise by Lev13than · · Score: 5, Funny

      The difference between PearPc and CherryOs is that Cherry has personal info about hundreds (thousands?) of users who filled their contact form.

      ...who are now about to get an email from confirmation@apple-security-totallylegit.com asking them to confirm their credit card information in order to "ensure that their version of MacOS is fully cross-platform compliant".

      --
      When you have nothing left to burn you must set yourself on fire
    6. Re:What a surprise by Anonymous Coward · · Score: 0

      Too bad the mass media did not think of that when given the press release. No, instead, they just blindly passed it on to news consumers. This is a real problem with our media sources. Journalists do not do their jobs. Do you think any of them will learn from this? Nah, me neither.

      Maybe they should send some Wired reporters to appear on Crossfire with Jon Stewart. That should clear things up nicely.

    7. Re:What a surprise by dmitrygr · · Score: 4, Funny

      Well lets slashdot them to add to their problems...

      --
      -------
      1. Enjoy your job
      2. Make lots of money
      3. Work within the law

      Choose any two.
    8. Re:What a surprise by techsoldaten · · Score: 0, Redundant

      What's ingenious about this whole affair is that the Cherry OS guy was able to introduce a new vector for phishing attacks.

      Imagine what havok someone could wreak by taking a popular GPL software release, 'rebranding' it without proper attribution, and just having a signup form for people to download the 'new' application. A nice piece of shrinkwrap that opts downloaders into several mailing lists and you have a sweet data mining business.

      M

    9. Re:What a surprise by Anonymous Coward · · Score: 4, Funny
      The other day, when I first saw mention of 'CherryOS', the first thing that came to mind was "I bet they're using PearPC code without attribution.". A full-featured PPC emulator (an incredibly difificult accomplishment) coming out so soon after another?


      Serves the PearPC right for giving away their source code then! WTF did they expect would happen? Sheesh, if you don't want someone to borrow your code for another project then DON'T GIVE AWAY THE SOURCE CODE.

    10. Re:What a surprise by CatOne · · Score: 4, Funny

      They're supposed to do a source code diff for a press release?

      Ummm... no.

    11. Re:What a surprise by sh1ftay · · Score: 0

      What, you expect journalists to check the code of every new program against the code of a like program to see if it's stolen? Come on. We're talking about people like Bill Oreilly [thesmokinggun.com].

    12. Re:What a surprise by UrgleHoth · · Score: 3, Insightful

      Who said they are supposed to do a source code diff? Did I imply that, Ummmm...no.
      But to maintain credibility it is the media's job to do a reality check before posting stories, including press releases.

      --

      Dogma - "let's just say we'd like to avoid any empirical entanglements."
    13. Re:What a surprise by atheken · · Score: 0

      You sir, are an idiot. Read the effin' GPL.

    14. Re:What a surprise by PhiberOptix · · Score: 1

      The worst is that this kind of "journalism" is a snowball...below an article that appeared at a major news site in Brazil

      http://informatica.terra.com.br/interna/0,,OI402 58 6-EI553,00.html

    15. Re:What a surprise by KDan · · Score: 4, Funny

      You're the idiot. Read the effin' dictionary under "sarcasm".

      Daniel

      --
      Carpe Diem
    16. Re:What a surprise by Dr.+Dew · · Score: 5, Insightful

      The Yahoo printing of the press release is not a bad thing. It's clearly marked as a press release. If you want to pay your $600 to BusinessWire, you too can post a press release announcing that "monkeys will shoot out of my nether eye in my office at midnight tonight." Yahoo will pick it up and run it in its financial news section, because that's what it does with press releases as they come along the wire.

      This is a good thing - pre-Web, getting your hands on a company's press releases was more time consuming and sometimes expensive. I prefer being able to research what a company says about itself. Of course, believing what a company says about itself is another matter, but why would a person read something marked "press release" without a skeptical eye?

      Did you know, for example, that the people quoted in press releases generally don't say what they're quoted as saying? No indeed, even if multiple companies are involved, a marcom person wrote the thing, ran it by someone else's marcom person, got approval, and put it out on the wire. In some cases, the quoted person doesn't even know they've been quoted. "I'm very excited about the prospect of monkeys flying out of UrgleHoth's nether eye," said Dr. Dew. "I'm just glad they're not going to fly out of mine."

      And I'm puzzled what your problem is with the Wired piece. The writer clearly states the claims as "claims" - so carefully, in fact, that I was more skeptical after reading it than I was before.

      That said, I wouldn't complain if news sources did a better job aggregating related stories so that it's as easy to find out that someone's a pathological liar as it is to find out whatever they said before it was verified as a lie.

    17. Re:What a surprise by techsoldaten · · Score: 0, Troll

      Word up. GPL is dog-eat-dog.

      M

    18. Re:What a surprise by h2odragon · · Score: 3, Interesting

      look at win32 webcam apps. you're lucky to find any that arent lightly to mildly hacked at versions of Dorgem with spyware / adware / trojans du jour tacked on.

    19. Re:What a surprise by ghostlibrary · · Score: 4, Insightful

      > What, you expect journalists to check the code of every new program against the code

      Nah, just be journalists. Given a press release, "Product A rules!", a journalist asks "tell us why", while the current crop of media darlings simply says "tell us more!"

      --
      A.
    20. Re:What a surprise by Anonymous Coward · · Score: 0

      tehdely is a supporter of the GNAA and as such is protected by GNAA moderation for good karma.

      Have a nice day.

    21. Re:What a surprise by CommanderData · · Score: 5, Informative

      To give Wired a bit of credit, they actually continued to follow the story (including trying out a copy of CherryOS and then investigating and assisting in proving the fraud claims). See the article posted today.

      --
      Urge to post... fading... fading... RISING!... fading... fading... gone.
    22. Re:What a surprise by Anonymous Coward · · Score: 0

      I wish there was a higher moderation level than 5, so I could say "Mod Parent Up!"

      -- Nigel Tufnel

    23. Re:What a surprise by Spoing · · Score: 3, Insightful
      1. Too bad the mass media did not think of that when given the press release. No, instead, they just blindly passed it on to news consumers. This is a real problem with our media sources. Journalists do not do their jobs. Do you think any of them will learn from this? Nah, me neither.

      Yep, I lost that illusion years ago!

      Press releases make up a large chunk of the tech 'news' being 'reported'. I know this since I've seen it happen with the press releases a company I used to work for sent out. (Guestimate: small blurbs nearly 100% company content, medium ones over 50%, large articles much less. Typically, the larger the subject, the less corporate content.)

      In the case of CherryOS, I'd guess most everything posted was corporate content. Now that there is a scandal, you'll see some 'scoop' articles here and there...with lost of corporate content.

      Press releases are very effective for both reporters and companies; the reporter can meet deadlines with something to show while the company benifits from a '3rd party' saying what they wrote. My experience is that a typical 'report' that at worst the press release is printed verbatim with some paragraphs chopped for space, though many more are only 20% non-company provided content.

      Why bother reading tech rags when most is not original or is overly sensationalized? (Ex: Ziff pubs.)

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    24. Re:What a surprise by Varitek · · Score: 1

      Cycling Plus magazine occasionally print florid press-releases with the rider "This is why we don't just regurgitate press releases".

    25. Re:What a surprise by perseguidor · · Score: 1, Informative

      Yes, and while you're at it, also catch the entry for 'irony' as that is probably more like it :)

      Sarcasm and irony are similar, but not quite the same thing.

      --
      O make me a mask
    26. Re:What a surprise by Robocoastie · · Score: 1

      You know I wondered when someone would point that out. However, if cherryOS did use PearPC's code then they havn't complied with the GPL. At any rate I read on Wired today an interview with C-OS developer who said he'll soon give source code to PearPC to see for themselves and will have a trial version for people soon and even plans a version that won't require a host OS (windows) to run on. Personally I think the interest for this should show Apple that there's HUGE market for them to ship MacOS for PC and/or open up to clone making G5's, their mac fanatics will still buy their brand of hardware I bet so I don't think they have anything at all to lose and everything to gain.

    27. Re:What a surprise by Pie+Pants · · Score: 1

      While you're at it, check out 'gullible'. I'm sure there's a section there for all the people who signed up for the CherryOS demo.

    28. Re:What a surprise by Anonymous Coward · · Score: 0

      See? You should have said something! You could have been a hero or something.

    29. Re:What a surprise by cobalt27x · · Score: 4, Insightful

      This issue has been thrown around countless times on /.

      It seems that the consensus is that Apple actually loses a lot in the porting of their operating system to x86. For one, hardware support. The reason why MacOS X is as stable and runs as well as it does is because it is run on hardware specifically designed to use the software, and vice versa. If OS X were to move to x86, Apple would have to take into consideration the prospect of having it be run on literally millions of different combinations of hardware.

      You may argue that Microsoft did a good job of this with Windows. However this is more of an accomplishment for the hardware vendors rather than Microsoft, as they are the ones that wrote the drivers. If Apple were to ship OS X for x86, then the hardware vendors, if they wanted to support the consumers using the system, would need to write new drivers. If you were to ask me, I would guess that the majority of the hardware vendors wouldn't even bother.

      There may be a lot of interest from your standpoint in seeing Mac OS X being ported to the PC, however the general consensus is that Apple would be losing too much for them to see it as being worth it.

    30. Re:What a surprise by HughsOnFirst · · Score: 4, Informative

      I worked at a small software company that made an corporate email management program. We sent out a press release with screen shots of a very colorful GUI that we abandoned before we ever got actual working code. Months later we sent out copies to various PC magazines to review. A bit later we won some sort of comparison test ( I think we had a longer list of features than anyone else , thus more bullet points ) including praise for how easy it was to install.
      The funny thing was, the installation instructions were something like 1. Install IBM DB2. 2. click on install icon and wait for authorization key window to open. 3. Call xyz-tech for an install key.
      At that point we would talk them through some godawfull install and configuration process that could go on for days. But the reviewer never called, never got a key, and presumably never installed it, and the review was illustrated with the press release screen shots.

    31. Re:What a surprise by Anonymous Coward · · Score: 0
      Why did you continue working for them after you knew they were criminals?

      I'm just curious, and I'm not trolling at all. There is so much deception and outright criminal dishonesty, and so many people who completely ignore it.

    32. Re:What a surprise by Anonymous Coward · · Score: 0

      "How agreeable it is to be confirmed, after a more or less long period of vacillation, in one's first impressions."
      -Samuel Beckett

      It's always fun to be right.

    33. Re:What a surprise by Robocoastie · · Score: 1

      ok... but what about if it was G5/RISC hardware? Essentially open up to clone making again. Sorry but I can only see this as a win win situation. Past clone making efforts don't count because they were poorly implemented and it wasn't truely "open clone making" it was only oem's so the choices were limited not to mention the OS version Apple provided was less stellar. OS X on the other hand truely is the holy grail *nix users have wanted for some real competition for MicroSoft. What's making Apple money right now anyway is their specialized products anyway: Laptops and iPods, its not desktops at all. you're thoughts?

    34. Re:What a surprise by LikeJAzz · · Score: 1

      The difference between PearPc and CherryOs is that Cherry has $50 payable.

    35. Re:What a surprise by bolthole · · Score: 1

      think about what if someone took GPL code, reformatted it, and then renamed every variable.

      THere is then not a single line of code that is the same as the original. SO pearpc might actually have a strict definition sense of "It isnt PearPC code".

    36. Re:What a surprise by Robocoastie · · Score: 1

      Isn't that one of SCO's arguements? Also if C-OS is a rip-off of PearPC then it can't be 100% because they claim it runs at 80% compared to PearPC's what? - 10% I just don't think there's enough evidence yet to make any assumptions other than it appeared to me it was vaporware when its website disappeared.

    37. Re:What a surprise by Anonymous Coward · · Score: 0

      Come on Darl, give it rest, will ya?

    38. Re:What a surprise by cobalt27x · · Score: 1

      Again, the problem with making Mac OS X work on an open architecture is compatibility. And even then, Apple does not make the majority of its money on the software and would not make much in the licensing the architecture to other companies that may make cheaper systems. The money for Apple is in the hardware.

      I am not quite sure about the sales figures for each piece of hardware, however I very much doubt that the Apple desktops aren't selling. In my view, if Apple weren't selling their desktop systems, then they wouldn't be selling expensive models. Apple desktop systems are, as far as I can tell, in high demand by graphics and video production companies, university programs, and enthusiasts. There is also the fact that previous Apple owners tend to be quite loyal and stick with Apple systems rather than switch over to PC or some other system. When the time comes, they upgrade their desktops rather than a less powerful portable since it will last longer.

      iPods are certainly a cash cow for Apple, and the addition of Windows compatibility was certainly a smart move there. People are not going to switch to a new $2500.00 system to use an MP3 player, but WILL spend money on the best MP3 player available if they can use it on their existing systems. As for laptops, I don't really know if Apple is selling more of these than desktops. I figure a good portion of the laptop owners were already Mac owners anyway, so I do not see this as a trend or a reason to make an open architecture available for clone desktops.

    39. Re:What a surprise by jdog1016 · · Score: 1

      Too bad Slashdot did not think of it either.

      Slashdot should not be exempt from such criticism.

    40. Re:What a surprise by HughsOnFirst · · Score: 4, Funny

      Management didn't do anything criminal in that instance, it was a surprise and sort of an embarrassment, because the project had changed direction by the time the review was out there.
      Later however, the employees "fired" the boss by threatening to quit at which point the major investor replaced him. Eventually we got bought by a company that got bought by a major manufacture of high end router equipment painted Slashdot green.
      We got paid in millions of dollars worth of Big Green Router Company stock when it was worth about $65 a share, then it went to $10 before we could sell but the IRS taxed it at the $65 value so that we all owed way more in taxes than it was worth. Then the Big Green Router Company outsourced the project to India and laid off the most senior people on the project. The bright spot is that my accountant says I'll be able to take $3000 off of my income tax for the next 92 years.

    41. Re:What a surprise by Anonymous Coward · · Score: 0

      Fair enough. Not criminal, though certainly pushing the boundaries of ethical (past breaking point?). I'm glad to hear that the employees eventually revolted, and that the investor had the sense to do something about it, but am sorry to hear about the 'bright spot.' Thanks for the response....

    42. Re:What a surprise by Anonymous Coward · · Score: 0

      Warning - Parent is an idiot.

    43. Re:What a surprise by Krach42 · · Score: 2, Informative

      Yes, well, as one of the major developers of PearPC, I'd think he'd like to have my name and address. So he knows where to send any apologies that might occur to him to be necessary.

      --

      I am unamerican, and proud of it!
    44. Re:What a surprise by Robocoastie · · Score: 1

      Reports on their last quarter earnings showed that yes the money is coming from iPod and Laptop sales. As far as compatabilities, I don't see how that would be a problem because macs now use mostly pc hardware anyway. They support both ATI and Nvidia cards, any USB and firewire device, the only thing "different" about them is the G* risc cpu. Lots of companies make hardware for the MacOS and the drivers for them so I don't see how there'd be incompatabilities. Oh well.

    45. Re:What a surprise by BlackHawk-666 · · Score: 0

      He might not be an idiot, he may just be American. I hear they don't understand sarcasm over there ;->

      --
      All those moments will be lost in time, like tears in rain.
    46. Re:What a surprise by antoy · · Score: 1

      Too bad the mass media did not think of that when given the press release.

      As opposed to slashdot, a large group of tech-savvy and generally intelligent people, which *should* be able to look through the scam. Some suspected, but none went into the trouble of looking into it.
      This is not a criticism of slashdot or an insult to slashdotters, but if we didn't bother, why should the less knowledgeable (on the subject) mass media? If a company makes a press release, it is considered true, that's common behaviour.

    47. Re:What a surprise by R.Caley · · Score: 1
      If OS X were to move to x86, Apple would have to take into consideration the prospect of having it be run on literally millions of different combinations of hardware.

      No, they could port it and specifically list supported hardware. Notice that the BSDs and Linux manage on a reasonable wide range of hardware. Maybe they squeeze a bit more performance out of the hardware they know, but that just means they could keep charging a premium for their kit.

      The main reason Apple has always only supported their own weirdo hardware is that it gives them something concrete to sell. Apple can shift relatively few boxes and make enough money to keep going. If they went into direct conflict with Microsoft, selling an OS, they would have to shift up a few thousand gears, and persuade Microsoft to port Office to their competitor or else come up with a comeplete office replacement.

      Apple's business model has always been, except for their brief fling with trying to live purely by taking people to court, to sell pretty, but technically so-so, hardware at a huge markup by creating software people want which will only work on that hardware. iTunes/iPod is just the latest instantiation of that model.

      --
      _O_
      .|<
      The named which can be named is not the true named
    48. Re:What a surprise by shippo · · Score: 3, Informative

      Well, I worked for a software house that developed a web-based collaboration program, which, due to very browser-centric Javascript coding, would only work on IE 4.0 (it was some time ago). I was responsible for testing and supporting this thing.

      They released press releases to various UK trade magazines claiming various apects about this product, many of which were clearly not true. One was a list of client platforms that the product ran on, and this included various Windows, Mac and UNIX browser clients that had not been officially tested in any way. All were simply fabricated. Other claims about the product, such as the list of platforms that the server ran on, were equally false and untested, and due to a certain core third-party library only being available as a Windows DLL at the time, not possible to implement for at least another 6 months, if at all.

      All the UK press printed the release notes without one even bothering to review the software.

      I walked out of the company in disgust a few days later. They ceased trading a year or two later, after concentrating exclusively on the product at the expense of other core revenue streams.

    49. Re:What a surprise by Milton+Waddams · · Score: 1

      Sure even Slashdot and OSNews blindly posted this on their sites without a "we think this might be bullshit" sticker on it.

    50. Re:What a surprise by uberdood · · Score: 1

      The other day, when I first saw mention that this guy claimed he foresaw the CherryOS scam, the first thing that came to my mind was "bullshit." Glad to see that my fears were vindicated.

      --
      "Population 1,656"
    51. Re:What a surprise by Anonymous Coward · · Score: 0

      yeah, it's funny that Apple is really a consumer electronics company.

    52. Re:What a surprise by bhtooefr · · Score: 1

      And, add in the fact that Mac OS X IS in part a BSD.

      FWIW, I'm thinking some Linux drivers could be ported over, and then there's CUPS for printing, so virtually every Linux printer driver will work on it.

    53. Re:What a surprise by sydres · · Score: 1

      unless apples operating systems Licence has changed their OS can only legaly be ran on mac hardware but then noone reads os licences but me anyway

    54. Re:What a surprise by Robocoastie · · Score: 1

      ok. Proof? And why has no one screamed about stupid licences like this? It's my $120 I paid I'm more than tired of companies telling me its essentially a rental. /rant off.

    55. Re:What a surprise by Anonymous Coward · · Score: 1, Interesting

      Well, moron, consider these things:

      1. A source code diff is basically what it takes to establish fraud in this case. So yes, you did imply it.
      2. As per the Yahoo story, it's a press release. It's supposed to run unedited in the financial section, that's what a "press release" is and that's what you pay for! More to the point, that's what the readers of that section wants. A story about it is something else entirely.
      3. The Wired piece nowhere repeats their claims as facts.

      Crappy news reporting is pretty rampant, but only a true Slashbot would consider this an example of it. Get out of your cave every now and then, will ya?

    56. Re:What a surprise by cobalt27x · · Score: 1

      Alright, so the money is indeed coming more from portables than the desktops. And actually, the just announced addition of a less expensive uniprocessor G5 does show in a tangable way that desktop sales are not as spectacular as Apple would like. While Apple uses mostly PC hardware, they only use -certain- PC hardware in stock machines, and they know exactly what machines the OS is going on. A large amount of additional hardware support would need to be added to the mix, the most difficult prospect being motherboards. Macintoshes do not have the wide variety of motherboards that PCs do. And yes, the drivers would need to be rewritten for x86 (or at least rebuilt for that architecture) should Mac OS X make the move. Existing Windows drivers and PPC Mac OS X drivers won't work.

    57. Re:What a surprise by cobalt27x · · Score: 1

      Though it is a BSD, there is still a need for developers to jump on board and port over drivers. With the existance of Darwin/x86, perhaps this will happen naturally. However, it just isn't happening now.

    58. Re:What a surprise by cobalt27x · · Score: 1
      An excerpt from Apple Computer, Inc.: Software License Agreement for Mac OS X: Single Use License page 1:

      2. Permitted License Uses and Restrictions
      A. This License allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time.
      Now, one may look at that to mean you can take an Apple sticker and slap it on your Linux box and that gives you the rights. However, I am afraid that isn't quite the case :)

      I totally stand behind you, though. I also spent the money on a copy of OS X specifically for the purpose of running it under PearPC. This is the one part of the License I willingly violate.
    59. Re:What a surprise by Robocoastie · · Score: 1

      thanks for info.

    60. Re:What a surprise by Robocoastie · · Score: 1

      indeed motherboards would be an issue. remember the fiasco we all went through with AMD chips when AGP first came out? even USB took a while to get working right on amd platforms. This may be straying off a bit but you know what I found interesting this week was Intels backing off plans for the 4GHz chip in favor of instead concentrating on performance of existing chips admitting that mhz speed isn't everything. Funny thing is that's what Apple's been saying all along isn't it?

    61. Re:What a surprise by cobalt27x · · Score: 1

      Don't forget AMD's campaign to get rid of the popular notion that clock speed means everything just before the Athlon XP came out.

    62. Re:What a surprise by Spoing · · Score: 1
      1. I walked out of the company in disgust a few days later. They ceased trading a year or two later, after concentrating exclusively on the product at the expense of other core revenue streams.

      Most corporations are run by people like that. Usually, the only difference is that they have various levels of public releations. Most are mainly marketing orginzations -- even direct-to-customer consulting groups.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    63. Re:What a surprise by atheken · · Score: 1

      Perhaps you guys can read between the lines, but it's incredibly difficult to read sarcasm in plain text, for me... I DID get it, but since there was no emphasis in the OP, you could go either way with it - so you all can go to hell.

    64. Re:What a surprise by KDan · · Score: 1

      Yes, reading between the lines is one of those useful abilities that you get as you grow up.

      Daniel

      --
      Carpe Diem
  2. Looks like someone by Anonymous Coward · · Score: 4, Funny

    ...popped the cherry!

    1. Re:Looks like someone by Anonymous Coward · · Score: 0

      Hey, come on now. This is Slashdot. Don't make people jealous.

    2. Re:Looks like someone by Alpha_Traveller · · Score: 1

      Something tells me everytime a followup to this story goes out on /., someone's going to be mentioning this joke... again... and again.. and again... and again......

      --
      "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
  3. from the borrows-code-without-asking dept. by CompSurfer · · Score: 0, Redundant

    from the borrows-code-without-asking dept.

    1. Re:from the borrows-code-without-asking dept. by Anonymous Coward · · Score: 2, Funny

      from the no-shit-sherlock dept.

    2. Re:from the borrows-code-without-asking dept. by Skjie · · Score: 0, Troll

      from the keep-digging-watson dept.

  4. Really... by evilmuffins · · Score: 3, Insightful

    Did anyone think it would be anything differnt? This reminds me of whenever some new console comes out, there is always some miricle emulator coming out soon that will play every game for it perfectly.

  5. So... by grunt107 · · Score: 5, Funny

    Something's a little rotten w/that Cherry? That's the pits!!!

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

      You suck!

    2. Re:So... by grunt107 · · Score: 1

      Did I leave a sour taste in your mouth?

    3. Re:So... by feed_me_cereal · · Score: 1, Funny

      bada BING

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    4. Re:So... by Anonymous Coward · · Score: 0

      I was expecting something more along the lines of "A bunch of OSS detectives popped this cherry"

    5. Re:So... by healy · · Score: 0, Offtopic

      Obviously the Moderator who voted this "Offtopic" does not watch or know anything about the Soprano's. A little help for future moderators: http://tinyurl.com/5k8yg

      --
      "Jesus saves sinners...and redeems them for valuable coupons"
    6. Re:So... by geoffspear · · Score: 1

      No, obviously the moderator who moderated it "off-topic" knows that the Sopranos are not the topic, and knowing anything about them wouldn't change things a tiny bit.

      --
      Don't blame me; I'm never given mod points.
    7. Re:So... by healy · · Score: 1

      Not to beat a dead horse...but:

      Bada Bing = stripclub w/ a cherry for a logo

      It was ontopic as much as any of the others in this stupid thread...

      --
      "Jesus saves sinners...and redeems them for valuable coupons"
  6. read the thread by jhendow · · Score: 5, Informative

    read the mirrored thread. it's well worth the time to examine it.

  7. The best programmer of all time??? by FyRE666 · · Score: 5, Insightful

    Let's check the facts here - this guy claims to have written a mac emulator that runs at 80% native speed, all by himself... in 4 months?!! He's either a frickin' genius, or he's "embraced" some code from somewhere - and I think we all know where...

    1. Re:The best programmer of all time??? by JVert · · Score: 4, Funny

      Rumor has it that he had some help from Derek Smart.

      This cannot be confirmed because when asking Derek about the possibility, he replied "No comment".

    2. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      I bet Arben Kryeziu is an ex-SCO employee.

    3. Re:The best programmer of all time??? by BenjyD · · Score: 4, Funny

      Quiet! If you say his name three times he'll appear and start flaming.

    4. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      Who will start flaming? Derek Smart?

    5. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      I thought that was RMS? Maybe I need to reread The Call Of SCO?

    6. Re:The best programmer of all time??? by sploo22 · · Score: 1

      Funnily enough, that's exactly the sort of thing SCO claimed about Linus...

      --
      Karma: Segmentation fault (tried to dereference a null post)
    7. Re:The best programmer of all time??? by oPless · · Score: 1, Insightful

      Derek Smart
      Derek Smart
      Derek Smart

    8. Re:The best programmer of all time??? by runderwo · · Score: 1
      Let's check the facts here - this guy claims to have written a mac emulator that runs at 80% native speed, all by himself... in 4 months?!! He's either a frickin' genius, or he's "embraced" some code from somewhere - and I think we all know where...
      Yeah, you might think he's Fabrice Bellard or something.
    9. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      I hate that people always make fun of me and my works.

      -- Derek Smart

    10. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      Don't you mean
      "I'm getting really fucking sick and tired of hearing all your shit. If you don't like my games, don't play them. Lots of people do, so you can go screw yourself, you assholes.
      -Dr Derek Smart the Third, Esqure, phd, md, OBGYN

    11. Re:The best programmer of all time??? by Bob+Davis,+Retired · · Score: 1

      Many complicated programs have been coded and comprehended by one person. It's not that big a deal.

      I don't believe their claims for shit, but not for that reason.

    12. Re:The best programmer of all time??? by FrYGuY101 · · Score: 1

      That's DOCTOR Derek Smart to you.

      Now I have to wait for August 22, so I can personalize a 'Fuck you' to all of slashdot!

      -Derek Smart, PHd

      --
      "If we let things terrify us, life will not be worth living."

      - Seneca
    13. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      "...oh yeah, fuck you for jumping in a thread and typing shit that you have no handle on."

      - The Real Derek Smart

    14. Re:The best programmer of all time??? by Anonymous Coward · · Score: 0

      Bingo! You are the one who finally nailed the Derek Smart persona to the letter! Use your flame power wisely :)

    15. Re:The best programmer of all time??? by oPless · · Score: 1

      Sorry, non accredited Universities do not count I'm afraid.

    16. Re:The best programmer of all time??? by Minwee · · Score: 1

      Even though Derek Smart claims credit, rumour has it that the Coke machine did most of the work.

  8. Whew by OverlordQ · · Score: 5, Funny

    Glad i didn't take this guy up on his bet.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Whew by Anonymous Coward · · Score: 0

      Yeah, you'd be out a whole $10. .......

  9. Who'da thunk it?? by Anonymous Coward · · Score: 0

    This is a surprise to who???

    1. Re:Who'da thunk it?? by Anonymous Coward · · Score: 0

      That should be "mother fucker."

    2. Re:Who'da thunk it?? by Anonymous Coward · · Score: 0

      This from someone named MuthaFucka?

    3. Re:Who'da thunk it?? by Anonymous Coward · · Score: 0

      It is acceptable to say who in lieu of whom. Just like the rule that says no colons after the verbs is, are, was and were but yet you see it in everyone's writing. Rules change...

    4. Re:Who'da thunk it?? by Profane+MuthaFucka · · Score: 1

      I know, and if I don't know the rule it's OK. But I spent a lot of time figuring out the who and whom thing, and I'm pissed that the effort is wasted.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  10. legality by Anubis350 · · Score: 5, Interesting

    while IANAL, is this necessarily illegal?? if he makes the source code for pearpc downloadable/packaged with with cherry and acknowlodges somewhere in the eula that its pearpc rebranded than while he has morally been an asshole he hasnt violated the gpl, has he?

    --
    "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
    1. Re:legality by Lehk228 · · Score: 1

      not unless he released CherryOS under the GPL

      --
      Snowden and Manning are heroes.
    2. Re:legality by klingens · · Score: 2, Informative

      He hasn't, but due to the linking clause his part of the code has to be GPL too, and then everybody can freely trade copies of CherryOS without paying a cent. So who would buy a copy?

    3. Re:legality by AuMatar · · Score: 4, Informative

      He'd have to make any and all changes he made to PearPC (including any anti-copying code or the like) available as well. But yes, rebranding GPL code and claiming it as your own, so long as you redistribute it as GPL is totally legal. I don't htink thats what he's doing though (I don't think he released code).

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:legality by Richard_at_work · · Score: 1, Insightful

      He doesnt even have to acknowledge it, he can just rebrand it wholesale and so long as the code is made available, he hasnt done anything wrong. This was too good to be true really :(

    5. Re:legality by at_18 · · Score: 4, Informative

      You can rebrand it, but you cannot claim it as your own. You must list the original authors of the code.

    6. Re:legality by RLiegh · · Score: 1
      f he makes the source code for pearpc downloadable/packaged with with cherry and acknowlodges somewhere in the eula that its pearpc rebranded than while he has morally been an asshole he hasnt violated the gpl, has he?


      Good question, I think we need to ask Did he ackwnoldge it anywhere, and IS there any pointer or download site for the pearpc code he used?
    7. Re:legality by AKAImBatman · · Score: 1

      Not true. Right now he's in breach of contract (assuming the code is stolen) and he should attempt to comply with the terms of the contract before someone takes him to court. Pirating the software he distributes would give him grounds to sue you, even if his software isn't legally his to distribute.

    8. Re:legality by jsebrech · · Score: 4, Informative

      You can rebrand it, but you cannot claim it as your own. You must list the original authors of the code.

      You're thinking of the old-style bsd license. The GPL does not require listing the original authors. I just reread the license again, and it seems it does allow taking someone else's gpl'd program and claiming it is entirely your own.

    9. Re:legality by Elwood+P+Dowd · · Score: 4, Interesting

      He has violated the GPL in the case of PdfConv. He is distributing PdfConv, and up until recently was only distributing the source code for PDF2HTML. The changes to the front end were not incorporated in the tarball. The developers of PDF2HTML did not seem pleased.

      According to his emails, it seems that he intends to distribute source code for CherryOS. We shall see. Has he distributed binaries to anyone yet? Whenever the "trial" starts, people will be able to request the source code.

      --

      There are no trails. There are no trees out here.
    10. Re:legality by Anonymous Coward · · Score: 0

      So much for OSS being commercially viable..

    11. Re:legality by Anonymous Coward · · Score: 0

      So much for you not being an idiot.

    12. Re:legality by Anhaedra · · Score: 0

      Hehe... IANAL...

      --
      Please flee in terror in an orderly manner.
    13. Re:legality by cduffy · · Score: 1

      Nuh-uh. You still don't own the copyright to the parts you didn't write. The GPL requires that each copy your republish contain an "appropriate copyright notice". If it claims that it's copyright yourself, and it's genuinely owned by someone else, you're arguably in violation of this license license clause, in addition to any other charges (fraud?) which may stem from this action.

    14. Re:legality by and+by · · Score: 1

      IAALS (law student), and in the interests of precise and accurate language (as nerds and lawyers can both appreciate), it's not illegal; it's unlawful. Illegality comes from breaking a statute, regulation or ordinance. Unlawfulness comes from the same thing as does illegality, but also includes the breaking of legal principles.

      Here, as there seems to be what amounts to breach of contract, we're only in the area of non-conformance with legal principles (i.e. honoring the GPL), and thus we're talking about unlawfulness.

      Again, I don't want to be pedantic, I just want to get the words right.

    15. Re:legality by SashaM · · Score: 1

      No you can't - if you could claim it's entirely your own, you could also change the license to anything else. The original author remains the copyright owner of his code - you cannot claim you wrote it.

    16. Re:legality by Anonymous Coward · · Score: 0

      ... under the terms of the license, yes.

      But isn't it still untrue, and thus fraudulent?

    17. Re:legality by grioghar · · Score: 1

      So THAT's SCO's basis for their argument...

      --
      Can you ping me now? Gooood! | Manhappenin.Net - Things to do
    18. Re:legality by Anonymous Coward · · Score: 5, Informative

      The GPL does not require listing the original authors.

      That is only true technically.

      1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty

      So no, you don't have to list the original authors, but you do have to list the copyright holders. In most cases these are the one and the same, so while you are technically correct, in practice you are almost always wrong.

      (Before anybody tries to redefine "appropriate copyright notice", please point out where the GPL transfers copyright. Hint: it doesn't.)

    19. Re:legality by 91degrees · · Score: 1

      He's not in breach of contract. He never agreed to a contract. The GPL is a license. not a contract. These are different. A license is typically unilateral permission (often with limitations). A contract typically involves an exchange. The GPL simpyl gives permission to copy, modify and do various other things with the code that would otherwise not be permitted by copyright.

      So, he may be in breach of copyright, but not contract.

    20. Re:legality by Anonymous Coward · · Score: 0

      Amen, brother!

      "The first thing we do, let's kill all the lawyers!"

      Even though it's a poor reading of Shakespeare, taken out of context it'll do.

    21. Re:legality by Anonymous Coward · · Score: 0

      > he hasnt violated the gpl, has he?

      If he's claiming authorship, he sure has. GPL is based on copyright. Claiming that you now hold the copyright instead of the original creator is a violation.

    22. Re:legality by Goo.cc · · Score: 1

      You know, I never realized that was allowed under the GPL. Not that it makes me think less of the GPL.

    23. Re:legality by Anonymous Coward · · Score: 0

      I hope that rise in your blood pressure took at least a good year off your life. Loser.

    24. Re:legality by arkanes · · Score: 1

      Distribution of a GPLed product, or a derived work thereof, without following the terms of the GPL is a copyright violation (barring corner cases like mutliple licensing, etc). So I think that'd fall nicely under "illegal".

    25. Re:legality by arkanes · · Score: 1

      Incidently, "breach of copyright" is _precisely_ "piracy" in the RIAA sense.

    26. Re:legality by AKAImBatman · · Score: 1

      The GPL is a license. not a contract.

      A license is a type of contract. From here:

      License - A contractual arrangement whereby one person (Licensor) licenses another person (Licensee) some or all trade secret, patent, copyright, trade-mark or intellectual property rights the Licensor has in or to an invention. Unlike an assignment, a license does not transfer ownership. A sub-license occurs when the Licensee has rights to further license the Licensee's rights to a third party. A license may be for a set term or perpetual, be non-exclusive or exclusive, and is often granted in exchange for royalties or other compensation.

      So, he may be in breach of copyright, but not contract.

      That depends upon his defense. He can either state that he agreed to the license (breach of contract) or he can state that he didn't (copyright infringement). Either way, redistributing CherryOS before the situation is resolved will get you into deep trouble.

    27. Re:legality by gbickford · · Score: 1

      it's totally legal to due that. and aurguable that he actually added some value to the original codebase which would justify him selling it. however he claims that it contains no pearpc code. you saw all those links up there... why dont you read one? http://www.artworxinn.com/alex/arben.htm

    28. Re:legality by Superfreaker · · Score: 2, Funny


      "...so while you are technically correct, in practice you are almost always wrong."

      Sounds like something a fortune cookie would say to me.
      It's the story of my life!

    29. Re:legality by shellbeach · · Score: 1

      He hasn't, but due to the linking clause his part of the code has to be GPL too, and then everybody can freely trade copies of CherryOS without paying a cent. So who would buy a copy?

      Well, you'd think that people would freely distribute the software and no-one would buy it. But in fact this hasn't happened with one software developer who takes GPL'd code and rebrands it - have a look at 9.95soft ... they sell PalmOS software, most of which is taken straight from abandoned GPL'd projects (some credit is given on the web pages at least, don't know about the software itself). But you have to pay for the software before you can download a copy, and I've not seen any copies floating around on the web for free download - even though it'd be completely legal for any owner to do it.

      Presumably with this sort of business model, the uninformed users who don't know what the GPL is will buy the respectable looking clone that costs money, and those who realise what's going on simply continue using the original freely available version. But the problem with all this is that money is given to the marketer rather than the developer of the software :(

    30. Re:legality by dgatwood · · Score: 1
      That may be true in Canada (where that article was written), but it isn't true in the U.S.

      In the U.S., licenses (of the shrink-wrap variety) are carefully worded to -avoid- being a contract. The reason for this is that you have to prove that someone agreed to a contract, and this leaves lots of wiggle room. By carefully wording the license (as GPL and almost every other license does) to -not- be a contract, issues like whether there was mutual agreement, mutual consideration, etc. go out the window.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    31. Re:legality by AKAImBatman · · Score: 1

      The GPL places conditions on its use, therefore it's tends to be more of a contract. However, the GPL exploits a loophole in that copyright law prevents redistribution. If you don't agree to the contractual agreements in the license, you have no right to redistribute the software.

    32. Re:legality by eXtro · · Score: 1

      That can't be true. If you can claim you were the author of the code then that's equivalent to being able to claim copyright on it. If you have copyright on it you could then release it under another license, even a commercial one.

      What the GPL doesn't require is attribution but that's different then allowing somebody to claim code as their own.

    33. Re:legality by eMartin · · Score: 1

      So, even vaporware needs to include code if it's based on GPL'd software?

    34. Re:legality by Anonymous Coward · · Score: 0

      The same people buying Red Hat? Dumbass.

    35. Re:legality by balster+neb · · Score: 1

      He's busy buying time now. I say he's spending this time trying to remove as many obvious signs of his copying from PearPC as he can.

    36. Re:legality by qbwiz · · Score: 2, Interesting

      That appears to apply only to verbatim copies of the Program's source code as you receive it,, so if you change anything, you don't have to do that.

      --
      Ewige Blumenkraft.
    37. Re:legality by stephanruby · · Score: 1

      At the very least, he violated a couple of Truth-in Advertising Laws. He might have the right to rebrand it, but he didn't have the right to lie about the features it contained.

    38. Re:legality by Anonymous Coward · · Score: 0

      if you change anything, you don't have to do that.

      Please read the license before making such claims. It states:

      2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above... [emphasis mine]

    39. Re:legality by Lars+T. · · Score: 1

      But only when it's GPL'd source code, not when you use your god-given right to copy music.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    40. Re:legality by Oxy+the+moron · · Score: 1

      "...so while you are technically correct, in practice you are almost always wrong." ... in bed... =]

      --

      Proudly supporting the Libertarian Party.

  11. You say Borrow, I say Steal... by Anonymous Coward · · Score: 0

    Perhaps they were just practicing Agile Software Development...

  12. What a moron by ShatteredDream · · Score: 4, Interesting

    You know, it's one thing for a corporate guy to think that he can get away with this. It's quite another for an open source developer to pilfer and another open source developer's code, release his "modifications" online and claim it's his. The CherryOS guy(s) better watch out, they may find themselves next in line for a darwin award for being that stupid.

    I mean seriously... this is about as bright as murdering your neighbor in your front lawn in the middle of the day and stretching their corpse out on a lawn chair in your yard while you cut the grass...

    1. Re:What a moron by ScrewMaster · · Score: 1

      Yes, but the difference is that you could probably get away with murdering your neighbor.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:What a moron by PedanticSpellingTrol · · Score: 5, Interesting
      This gets a little offtopic, but I'm suprised those guys that made an adware ripoff of GAIM haven't gotten more attention.

      Link

    3. Re:What a moron by WhatAmIDoingHere · · Score: 1

      From the link:
      " First, let's walk through the basic concept of the program, and then we'll show you how our New "Automated Viral-Marketing Technology" has made this the 'hands down' hottest traffic system on the net."

      Who would download something that says "We turn your computer into link clicking bots"?

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:What a moron by Anonymous Coward · · Score: 0

      80% of Internet Explorer users?

    5. Re:What a moron by edalytical · · Score: 1
      this is about as bright as murdering your neighbor in your front lawn in the middle of the day and stretching their corpse out on a lawn chair in your yard while you cut the grass...
      Damn. What should I do with my neighbor's corpse now?
      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    6. Re:What a moron by Anonymous Coward · · Score: 3, Interesting

      This gets a little offtopic, but I'm suprised those guys that made an adware ripoff of GAIM haven't gotten more attention.

      Ask them for the source code. I just did it through their web feedback form, as that is the only contact information provdided on their site. Let us see if they comply.

      "In compliance with the GPL, I request access to IMBlaze's full source code."

    7. Re:What a moron by PedanticSpellingTrol · · Score: 3, Interesting

      I, and quite a few other people have in the last few months. Expect some sob story about how they were just using the gaim code as a placeholder for a couple months while they wrote their own client, and then the programmer screwed them over and took off with the code.

    8. Re:What a moron by MKalus · · Score: 2, Interesting

      nice, so they think because they got ripped off (or claimed to have been ripped off) they can now just take GAIM and sell it as their own?

      Wow, great logic.

      --
      If you want to e-mail me, use my PGP Key.
    9. Re:What a moron by numist · · Score: 1

      imblaze is a verbatim copy of gaim with ads added in, but its also old news (months and months).

      I was there when it broke in IRC, and it was kept quiet. Things are still being done behind the scenes to remedy the problem.

  13. cherry by Anonymous Coward · · Score: 2, Funny

    popped

  14. Couldn't resist by Anonymous Coward · · Score: 0, Redundant

    Have things gone pear shaped? Have they lost their Cherry?

  15. Stupidity by FiReaNGeL · · Score: 4, Insightful

    The first day, all that was left online were two videos, one of which was subsequently removed because of PearPC-specific strings in the boot process shown in the video..."

    Heh. If they can't even cover their tracks THIS BAD, no wonder they got catched (which is a good thing).
    Now I wonder... are all GPL violators this clumsy? Probably not... you know the saying, for every thief you catch, hundreds still run free.

    1. Re:Stupidity by archen · · Score: 5, Funny

      If they can't even cover their tracks THIS BAD, no wonder they got catched

      I think I just saw the head of a grammar nazi explode.

    2. Re:Stupidity by Valdar729 · · Score: 5, Interesting

      I used to work for a company that violated the license of an open source piece of software. They stole the code verbatim and I didn't realize this until I had left the company and was searching for an open source alternative to their software. I stumbled across the open source version and though "Hey, they use the same variable and function names as us...hey, they use the same headers...hey, they use the same conversion arrays...hey, we stole their product!"

      Unfortunately, they are making millions of dollars off of this open source software and the original author isn't seeing a penny. I feel bad, but I am one of two people who actually saw the source code (the other being the owner of the company).

      If I said anything the company would instantly know who snitched on them and I'm not going to deal with those repurcussions.

      They kept good tabs on making sure no one else could figure out they stole open source code and they continue to make large amounts of money on it today. So yes, not everyone is as clumsy as this person is.

    3. Re:Stupidity by pjt33 · · Score: 5, Funny

      We grammar Nazis aren't all mean-spirited pedants unable to make allowances for foreigners, and the use of "catched" rather than "caught" is a clear indication that the grandparent post wasn't written by a native English speaker. Do you, on the other hand, have any excuse for failing to capitalise "Nazi", or must our collective wrath descend on you?

    4. Re:Stupidity by stevey · · Score: 5, Insightful

      Explain the situation to the FSF and somebody would probably approach them.

      If the code is similar chances are symbol table information / exports in DLLs etc would allow binary comparisons to be used to establish a connection.

      That way source wouldn't need to be visible and you'd be clean.

      Failing that tip off the author - if you don't work there anymore and you feel bad why keep quiet, and then tell the world anonymously?

    5. Re:Stupidity by MourningBlade · · Score: 1

      If they can't even cover their tracks THIS BAD, no wonder they got catched

      I think I just saw the head of a grammar nazi explode.

      No, this kind of stuff on just turns us. Rrrowr.

    6. Re:Stupidity by fatcatman · · Score: 5, Funny

      Do you, on the other hand, have any excuse for failing to capitalise "Nazi", or must our collective wrath descend on you?

      That's "descend upon." Clown.

    7. Re:Stupidity by Valdar729 · · Score: 4, Interesting

      I kept quite and tell people anonymously because I feel bad, rather than not telling anyone at all. And if I did tell someone my previous company had no problems with sueing people for any reason. But I'll take your advice about the FSF and try to contact them about it.

      Problem is the original source was for unix x-windows and the company I worked for ported it to windows for ActiveX and .Net. I'm not sure how comparisons can be made across platforms like that since dll symbols well...didn't exist in the original application.

    8. Re:Stupidity by contagious_d · · Score: 1

      Should the word "nazi" be capitalized in "grammer nazi"? Is it still a proper noun?

      --
      - /home is where the food is.
    9. Re:Stupidity by Anonymous Coward · · Score: 0

      I used to work for a company that violated the license of an open source piece of software. They stole the code verbatim ...

      You worked for Hyperion Entertainment?

      Unfortunately, they are making millions of dollars ...

      Oh. Sorry, my bad. So who did you work for?

    10. Re:Stupidity by bill_mcgonigle · · Score: 4, Insightful

      If there are bugs in the original source it should be possible to test for bug-for-bug compatibility.

      You could at least mention the free product in question without outing your former company.

      If you have any money a lawyer might be worth talking to. Whistleblower protection acts and anti-SLAPP protections might be worth looking at. You might be a co-conspirator if you don't come forward. Best to get real legal advice. Should cost you $300 for a couple hours.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    11. Re:Stupidity by Anonymous Coward · · Score: 1, Insightful

      Why is this post modded interesting? It should be modded +5 chickenshit.

      There are plenty of ways to alert the original authors anonomously. What the hell are the code theives gonna do? Sue you for dobbing them in for breaking the law without any evidence to prove it was you?

      Yeah, right. Pointing at you and saying "Well he's the only one that knew so it musta been him" does not a legal case make.

      You, sir, are a gutless dingo.

    12. Re:Stupidity by barkingcorndog · · Score: 1

      >You, sir, are a gutless dingo.

      Ah, spoken like a true Anonymous Coward. I suppose it does 'take one to know one'.

      --
      "I know together we'll make the possible totally impossible" - Homme
    13. Re:Stupidity by lostguy · · Score: 1

      Who will hear your question from the depths of a Spelling Nazi prison?

    14. Re:Stupidity by balster+neb · · Score: 1

      This brings the question, what do free software developers do if they discover that their code is being ripped off by some commercial vendor somewhere?

      A lot of these free programs are relatively unheard of, but thousands of hours of effort have been put into writing them. As most of these folks tend to be just working on these in their spare time, is legal action viable?

      The FSF may help out, but they seem to have enough cases on their hands. Besides, they only go after GPL violaters.

      I fear this is going to become a bigger and bigger problem in the future, especially with small time commercial vendors (like this CherryOS guy, or the Gaim ripoff IMBlaze that an earlier poster gave a link to)

    15. Re:Stupidity by Anonymous Coward · · Score: 0

      your head a splode

    16. Re:Stupidity by contagious_d · · Score: 1

      For, some reason, that, was really creepy... (ph33r my punctuation nazi comma troll)

      --
      - /home is where the food is.
    17. Re:Stupidity by Anonymous Coward · · Score: 0

      he didnt go an post on a public forum about how he KNOWS something is illegal.

      that AC doesnt have anything to prove, or know of anything being wrong. the original poster claims his old company does. obviousley he wants to tell people he knows this, he simply is a chickenshit for not doing the RIGHT thing.

      and that is accurate. if you cant even do the right thing, i wouldnt go boasting about how you know something was flat out illegal.

    18. Re:Stupidity by Anonymous Coward · · Score: 0

      It'll cost you less than $300, if you're really strapped for cash. You can get a half-hour for $25 by using the American Bar Association's referral system. You get one referral a year, I think, and the recipient lawyer is required to give you a 30-minute consultation for a $25 fee. I'd second the opinions expressed: Aside from the considerable moral issues you should feel compelled by, you should definitely consult and assess your own potential liability. (But that's legal advice, and this is Slashdot...so take that for what it's worth...)

    19. Re:Stupidity by 1u3hr · · Score: 1
      have any excuse for failing to capitalise "Nazi"

      I think in this case, when he isn't referring to the original political movement, that a capital isn't needed. Like other words derived from names of people or places, (eg sandwich, boycott), after they become a general noun or adjective they generally lose their capital.

    20. Re:Stupidity by Anonymous Coward · · Score: 0

      Hey, numb nuts, I didn't suggest that he should come out and reveal his identity. I have no problem with him outing the code thieves anonymously at all.

      The issue is whether one does the right thing and has nothing to do with wether one should remain anonymous or not while doing so.

      Do get yourself a clue, OK?

    21. Re:Stupidity by VocabularyNazi · · Score: 0

      too...many..commas.....arrrgggg!!!!

      --
      I will not be using Plan 9 in the creation of weapons of mass destruction to be used by nations other than the US.
    22. Re:Stupidity by macbar · · Score: 1

      Do you, on the other hand, have any excuse for failing to capitalise "Nazi", or must our collective wrath descend on you?

      That's "descend upon." Clone.

      --
      -- The day Microsoft makes things that don't suck, it's the day they start making vacuum cleaners.
    23. Re:Stupidity by skinfitz · · Score: 1

      I used to work for a company that violated the license of an open source piece of software.

      ...was it Microsoft?

  16. And??? by ajakk · · Score: 1

    I understand that CherryOS has been deceptive in its origins about where the emulation came from, but what would be wrong if they distributed it under a different name? I thought that one of the advantages of the GPL was that it did not impose any naming provisions like the older BSD licenses did. As long as the CherryOS people are following the guidelines of the GPL (relelasing source, etc.), what would be wrong with their distribution?

    1. Re:And??? by gsfprez · · Score: 5, Informative

      if they removed any of the copyright information from the souce code files, and if they don't release the source code or make it available to the public, then they are in violation of the GPL.

      you're incorrect about naming provisions... GPL is a license, and to use copyrighted GPL code, you need to attribute the copyright holder. You may distribute/use/modify, etc... however, the original code must still be attributed to the copyright holder.

      Once again - .... THE GPL USES COPYRIGHT, IT DOES NOT IGNORE COPYRIGHT.

      --
      guns kill people like spoons make Rosie O'Donnell fat.
    2. Re:And??? by gl4ss · · Score: 1

      they are ___NOT____ following the guidelines, and they ___ARE___ claiming that it's totally their own product.

      --
      world was created 5 seconds before this post as it is.
    3. Re:And??? by KH · · Score: 2, Insightful

      Um, the CherryOS folks were selling it as a proprietary software. No source, not free as beer.. Wouldn't that be wrong, assuming that its origin was PearPC?

    4. Re:And??? by Abcd1234 · · Score: 4, Insightful

      Well, if the response to the initial accusations had been "Yup, you're right, it's based off of PearPC and we're going to release our code right away", no one would care (for example, see the TransGaming work with WINE... a slightly different, though similar situation (different because the TransGaming code base is from the MIT-licensed version of WINE)). However, they've repeatedly denied that their code is based off of PearPC, despite plenty of evidence to the contrary, making it pretty obvious that they don't plan to comply with the GPL (assuming they release anything in the first place).

    5. Re:And??? by Richard_at_work · · Score: 1

      So long as you dont remove the GPL or copyright notices from the code, I dont think this is the case. Otherwise, if you had to give attributes to the origional authors, what was the fuss over the new X11 license? You dont have to give attribution for copyright to stand. Plus, they have to release binaries before people can start requesting the sourcecode (and even then, its only those who have received binaries - not the general public). Thus, currently, only those who have received demo versions can request code, and then they have to prove without a doubt that its GPL code.

    6. Re:And??? by Paralizer · · Score: 2, Informative

      The article says:
      The complex system was ostensibly written in four months by Kryeziu alone, who claims it performs at about 80 percent of the speed of the PC host's hardware.

      So he is saying he wrote the entire program.

      The GNU GPL http://www.gnu.org/copyleft/gpl.html says:
      2.a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

      It goes without saying if he claims to have written it he did not include this information, and he is in violation of the license in which PearPC was released.

      I, and this is just my opinion here, interpret the GPL as encouraging developers to take others ideas to a new level, not stealing their code in attempt to make a profit.

    7. Re:And??? by Anonymous Coward · · Score: 1, Insightful

      Redistributing someone else's compiled source code is copyright infringement, and is 100% illegal, 100% of the time without a license.

      The license itself is not even worth discussing at this point. That's not the point. The point is that this person is redistributing someone else's copyrighted work. End of sentence.

      There's nothing else to argue about.

    8. Re:And??? by Paralizer · · Score: 4, Informative

      That's utterly false. Every distribution gives credit to the base system GNU and the Linux kernel. You sir, are not up on your facts.
      http://www.kernel.org/ and http://www.gnu.org/ are good places to start.

    9. Re:And??? by noselasd · · Score: 1

      The GPL doesn't say you have to give away anything to the public. It says (among others)you have to make the source available to purchasers of your work/product/software under the very same GPL, if they want it.

    10. Re:And??? by Carnildo · · Score: 1

      There are two issues being discussed here:

      1) Giving attribution to the original author. The GPL does not require this.

      2) Replacing the original author's copyright notices in the source code with your own. The GPL does not permit this, and doing so is against the law.

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    11. Re:And??? by Anonymous Coward · · Score: 0

      When you violate the gpl, what exactly happens? Do real police or agents actually get involved? Is it then a matter of financial conditions or copyright?
      e

    12. Re:And??? by moonbender · · Score: 1

      In other words, if he sends out trial version as he has announced, he'll have to give whoever he sent the trial to access to the source and the right to redistribute under the GPL.

      --
      Switch back to Slashdot's D1 system.
    13. Re:And??? by moonbender · · Score: 2, Interesting

      Black ops helicopters come at night and you and your family are shot. Or so I've heard. That might have been rumours, though.

      Actually, nothing happens in the first place. If the original copyright holders know about it, they might initiate legal action. If you violate the GPL, you're typically redistributing without complying with the GPL. The GPL grants special rights to redistribute under certain conditions; without the GPL redistribution is copyright violation or something similar. That's the beauty of it - if you think the GPL is unfair and invalid for some reason, that's cool, you don't have to work with it, but the default rules without the GPL are a lot stricter.

      Several companies (e.g. Belkin) have been coerced into releasing the source and complying with the GPL under threat of legal action, but as far as I know there has not yet been a legal challenged fought to the end. It very much is a matter of financial power, I guess, at least in the U.S. There are organisations and funds who can help the GPL developer in need, e.g. notably the FSF, which fights for the GPL of those projects whose copyrights were assigned to the FSF.

      --
      Switch back to Slashdot's D1 system.
    14. Re:And??? by geoffspear · · Score: 1

      And who are you claiming they sold it to?

      --
      Don't blame me; I'm never given mod points.
    15. Re:And??? by BobTheAtheist · · Score: 1

      Haven't you learnt anything? It's not stealing.

      --
      -- You're too stupid to be an atheist.
    16. Re:And??? by suckmysav · · Score: 1

      "The point is that this person is redistributing someone else's copyrighted work."

      Actually, does anybody know whether this guy is "distributing" anything yet? Apart from apparently giving a copy to a journalist for review purposes, I haven't seen any evidence yet that he has been "distributing" anything. I certainly haven't managed to get a copy from him (not that I tried very hard or anything)

      The whole thing is just a giant con job really. Not unlike the Adams Platform fiasco, only in a much more time compressed fashion and with far less people actually being ripped off financially.

      --
      "You can't fight in here, this is the war room!"
  17. Choice Quote by dhoonlee · · Score: 5, Interesting

    Sebastian Ballas, PearPC's lead developer, said a screenshot of CherryOS shows a variable named "SPIRO MULTIMAX 3000," a nonsensical term Ballas claims to have invented for use in PearPC.

    "It is absolutely unlikely that someone uses exactly this name for the same purpose," he said. "The way he (Kryeziu) is lying is making me angry."


    When told that variables with the same names had been found in both CherryOS and PearPC, Kryeziu said programming logic often leads to variables and functions with similar, or identical, names.

    "There are some functionalities that can only be done a certain way," he said. "Names are going to be similar or identical because there are only certain ways to do things."

    BUAHAHHAHAAHHAHHAHA

    1. Re:Choice Quote by Anonymous Coward · · Score: 0

      Well, this beats the quote of bill gates and his 640k of madness ;o

    2. Re:Choice Quote by spamfiltertest · · Score: 1

      Awww, you beat me to it while I was slowly typin mine up!

    3. Re:Choice Quote by Anonymous Coward · · Score: 0

      I wonder when Mr. Kryeziu will be going to work for SCO? :)

    4. Re:Choice Quote by KH · · Score: 2, Funny
      My favorite quote is thus:


      Kryeziu said he's under unfair scrutiny because people refuse to believe the product is real.

      "If it isn't, it will ruin my reputation," he said. "I will end up as a bartender. I do not want to be a bartender.""


      That's a great insult to bartenders all over the world. What's wrong with being a bartender? Besides, being a bartender would get one laid 1,000 times more than being a programmer.
    5. Re:Choice Quote by Anonymous Coward · · Score: 0

      More like CherryO's, then.

    6. Re:Choice Quote by kubrick · · Score: 2, Insightful

      "There are some functionalities that can only be done a certain way," he said. "Names are going to be similar or identical because there are only certain ways to do things."

      Quote from Linus responding to SCO, isn't it?

      (Of course, he was talking about POSIX implementations, where source compatability pretty much mandates these similarities, so that's a completely different bowl of fruit. :)

      --
      deus does not exist but if he does
    7. Re:Choice Quote by DrSbaitso · · Score: 3, Funny

      Ironic - that's almost the exact same response that many of the cheaters caught by Lou Bloomfield from my school, the University of Virginia, gave when accused of cheating. "Lots of papers are about the same topic, and there are only so many ways to describe [why the sky is blue/the photoelectric effect/whatever the paper was about]; THAT's why my paper uses the exact same words as my frat brother Tommy's."

      I'm too lazy to dig out the slashdot story about the incident, but I do find another instance of denial in the face of obvious plagiarism amusing.

      --
      beware the jabberwock, my son! the jaws that bite, the claws that catch!
    8. Re:Choice Quote by Anonymous Coward · · Score: 0

      Given he lied so much, maybe he lied about that too... he DOES want to be a bartender and GPL violation is his way to break into that career.

  18. Heh by NetNifty · · Score: 5, Informative

    Seems like the slashdotters in this thread figured this out first.

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

      Actually, they had a paranoid suspicion which seems to end up holding true. Although this is sad and unsurprising, and all the more sad for being unsurprising, it was still not figured out.

      You see, to "figure something out" implies the use of a deductive method. You might be able to use nonmathematical induction, too, but that's a grey area.

  19. "Stolen" code? by IntelliTubbie · · Score: 4, Insightful

    It's not theft, it's copyright infringement! At least, that's what we say about music and movies ... why should the party line be any different for GPLed code?

    Cheers,
    IT

    --

    Power corrupts. PowerPoint corrupts absolutely.

    1. Re:"Stolen" code? by Anonymous Coward · · Score: 5, Insightful

      Downloaders don't pass the music/movies off as their own work. There is a difference although God knows what the legal difference would be.

    2. Re:"Stolen" code? by MP3Chuck · · Score: 1

      Still Copyright infringement, just more serious.

    3. Re:"Stolen" code? by Evil+Adrian · · Score: 1

      Hardly, there is no economic damage being done in this case.

      --
      evil adrian
    4. Re:"Stolen" code? by einhverfr · · Score: 1

      Different story submitters have different views. Nothing big.

      That being said, this is not, strictly speaking, stealing. It is a violation of the holder's moral rights in many countries (not in the US strangely where the only rights violated are commercial), but it is not stealing in a strict legal sense. IANAL, though, I just read court oppinions....

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      You know EXACTLY why that is.

      When WE do it, it's GOOD.

      When someone else does it, that's BAD.

      THEY are THIEVES. WE only INFRINGE. Got that? Information wants to be free*.

      *but only when owned by people with lots of money.

    6. Re:"Stolen" code? by arcus · · Score: 1

      copying is one thing --- saying you wrote something that someone else did is completely different. One's copyright infringement (or 'theft'), the other is fraud.

      (I suspect that this might be the way it would go legally, also, but of course IAN... you get the idea)

      there's plenty of people who don't like copyright, especially in its current form, but although some of them might well support copying everything and giving it to your friends as a good thing to do, I don't think a single one would be supportive of deliberately misattributing someone else's work.

    7. Re:"Stolen" code? by ScrewMaster · · Score: 4, Informative

      Yes. The copyright code was intended to nail people that intentionally rip off copyrighted works and sell them for profit. Originally that was to stop books from being copied and sold. I believe that predates the music industry. That is still the big distinction: if you commit infringement but don't profit by it, that's one thing (fair-use at best, a civil matter at worst), but sell it and make money and you can end up in criminal court, if the amount you make exceeds certain specific limits set up by the law. Then it gets ugly. Hundreds of thousands in fines, years in the pen, that sort of thing.

      As an aside, one of things the RIAA would like to do is remove that distinction, and thoroughly criminalize any copyright infringement of any kind. There are those here on Slashdot that see nothing wrong with that, I've noticed, and they won't until they end up arrested for copying a few pages from a library book.

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:"Stolen" code? by Anonymous Coward · · Score: 1, Funny

      Damn straight it's not theft.

      "Arben Kryeziu, the developer of CherryOS, claims that no code has been taken from PearPC whatsoever"

      He's telling the truth. The PearPC developers still have their code, he didn't take it from them. He copied it from them.

    9. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Downloaders don't pass the music/movies off as their own work. There is a difference although God knows what the legal difference would be.

      The difference is that downloaders are infringing upon copyrights. They are not plagiarising. This guy is infringing upon copyrights and plagiarising. Neither are stealing.

    10. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      The story submitters usually say stealing in music download stories, too. The media usually calls it stealing. Everyone does, not just CherryBS. That's why commenters get all up in arms in those threads, too.

      It's what most people think of copyright infringement as, thanks mostly to the RIAA, MPAA, and friends. Although it's likely there is a double-standard in play, it probably is not an intentionally loaded use of "steal".

    11. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Hrrrm?

      All of /. would be either UP IN ARMS or laughing their collective head off, if bumfuck indie film producer Mike Wzylpik copied Peter Jackson's iPod and released the, say, "Battle for Middle Earth" trilogy. Note that Mike would make his investment back (barring legal action) after only a few hundred sales at $15.

      It doesn't seem unreasonable to me to apply the word "stealing" to that, as opposed to copying the DVD. Note that the former "stealing" has been illegal since copyright law came to exist and that there is little (but not zero) controversy about it on /.. On the other hand, the latter "stealing" is a new & parasitic perversion of the former. This situation is analogous to the former.

    12. Re:"Stolen" code? by bnenning · · Score: 1

      It's not theft, it's copyright infringement!

      Quite true. Of course, this is (apparently) copyright infringement for commercial profit, which one could argue is more serious than downloading MP3s off Kazaa for personal use. Then there's the fraud aspect of falsely claiming that it doesn't use PearPC code.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    13. Re:"Stolen" code? by Jeff+DeMaagd · · Score: 1

      That is still a play of semantics, such that it is still a fraud.

      One can be a fraud by explicitly lying, and one can be a fraud by carefully wording things in a weasely way to deliberately give a false impression.

      Even though one can say a copied item wasn't "stolen", as the original is still in the owner's hands, they still have a copy that they aren't entitled to have or use.

    14. Re:"Stolen" code? by jrockway · · Score: 2, Insightful

      I would use the word "plagiarism". Whether or not it's illegal, I don't know... but it doesn't seem very ethical to take someone else's work and pass it off as your own.

      File traders don't claim they made the movie, they just made a copy of it. Again, I don't know whether or not it's illegal, but I don't feel bad about it. Oh no, the starving execs can't get a new Jaguar. Cry cry cry...

      --
      My other car is first.
    15. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Even though one can say a copied item wasn't "stolen", as the original is still in the owner's hands, they still have a copy that they aren't entitled to have or use.

      And I didn't say otherwise. In fact I agree. But it wasn't stolen. Or taken. Or robbed, borrowed, nicked or taxed. It was copied.

    16. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      It doesn't seem unreasonable to me to apply the word "stealing" to that

      The movie company would still have the Lord of the Rings trilogy. That's why it isn't stealing.

    17. Re:"Stolen" code? by ChairmanMeow · · Score: 1

      there is no economic damage being done in this case.

      They're charging $50 or so for something they ripped off. They may not be causing economic damage to PearPC, but they're making money off of copyright infringement (assuming anyone was actually dumb enough to buy CherryOS.) Usually, when someone makes money off of copyright infringement, it is considered a more serious offense (That's not to excuse copyright infringement that doesn't make any money, it's just that when there are commercial gains made from the infringement it is considered more serious.)

      --
    18. Re:"Stolen" code? by Anonymous Coward · · Score: 0
      Downloaders don't pass the music/movies off as their own work

      They redistribute it as if they do, though.

    19. Re:"Stolen" code? by nagora · · Score: 1
      That is still the big distinction: if you commit infringement but don't profit by it, that's one thing (fair-use at best, a civil matter at worst), but sell it and make money and you can end up in criminal court

      I think the UK is different. Here the law takes the view that reducing the market for an item is the issue and that does not depend on you making a profit, either way you've harmed the copyright holder. There is a certain logic to this but where it all starts to come apart is when the MPAA tries to argue that someone that would buy a pirated movie on DVD for 3 quid would have instead forked out 16 quid to take the family to see it at the cinema.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    20. Re:"Stolen" code? by jonabbey · · Score: 1

      Clinton signed a bill in 96 or so that made large scale distribution of copyrighted works a criminal offense, even if the infringer was not profiting for doing so in monetary terms. It was one of the early copyright counter-offensives against the BBS/file trading scene.

    21. Re:"Stolen" code? by ScrewMaster · · Score: 1

      Yes, although my understanding of that law (and I'm hardly a lawyer) is that it really didn't do anything that wasn't already on the books, but it did win some politicians some more donations. I suspect that if that law had any real teeth it would have been a major part of RIAA lawsuits but I haven't heard much about it.

      --
      The higher the technology, the sharper that two-edged sword.
    22. Re:"Stolen" code? by drew · · Score: 1

      don't forget about the working stiffs, the guys who have a modest home and kids who go to public schools. They make $75,000 to $100,000 a year. That's not much to live on. I don't have to tell you that.

      --
      If I don't put anything here, will anyone recognize me anymore?
    23. Re:"Stolen" code? by Anonymous Coward · · Score: 0
      There are those here on Slashdot that see nothing wrong with that, I've noticed, and they won't until they end up arrested for copying a few pages from a library book.

      Well as this will never ever happen, I predict Slashdot will always have people in favor of copyright enforcement. That's one of the silliest scare tactics I've seen used outside of the Bush administration.

    24. Re:"Stolen" code? by ScrewMaster · · Score: 2, Insightful

      You forgot your /I, dude. And it all depends upon your perspective. The whole idea of fair use is that there are legitimate cases where a copyrighted work can be copied without regard to the copyright, but that long-standing right is suffering a sustained legal attack at both the Congressional and State level. So while the copyright police may not arrest you for copying pages from a library book, they may very well prevent your computer and other devices that you own from permitting you to do the technological equivalent. The recent FCC mandate for the Broadcast Flag is just the foot in the door, my friend ... expect more of the same. And that wasn't a scare tactic, I might add: it was a deliberate exaggeration intended to make a point. Sorry if I was too subtle.

      I believe in copyright as well. It's the law, and badly implemented as it may be it is the law. But copyright enforcement is not a legitimate function of law enforcement. A copyright holder, if he feels his rights are being infringed upon, is the one that may seek redress through the courts. And if the court agrees with the rightsholder, enforcement action may be taken. That is the law, and that's the way it has worked for a very long time. The police (of any kind) are not permitted to take punitive measures without judicial involvement.

      However, pre-emptive enforcement, as desired by the various entertainment executives with their file-sharing lawsuits and their repeated attempts to mandate strict DRM in commercial products, is simply outrageous. Furthermore, the successful conscription of Federal bureaucracy to help with the "policing" of copyright is more than outrageous, it is unnerving and a bad precedent. Ashcroft himself has determined that Federal resources should be devoted to protecting Hollywood and the RIAA. And that's no scare tactic.

      --
      The higher the technology, the sharper that two-edged sword.
    25. Re:"Stolen" code? by rainman_bc · · Score: 1

      Well I'll respond to this AC...

      The difference is when you download and run software, or when you download and resell software.

      Downloading GPL'd code and running it is encouraged. Downloading it and selling it as your own is breaking copyright.

      So IMO, downloading music, as the Supreme Court of Canada puts it is no different than listening to music on the radio. Downloading a song, burning the cd, and profiting on it a copyright infringement.

      IMO that's where the RIAA needs to be serious. Those who download a song, play it, and share it with someone else, are not much different than those who hand their friend a set of headphones to hear a song.

      What if you rent a movie and show it at home to 20 friends? 19 people haven't paid for the movie. You're ripping of the MPAA. So what if you rip a divx movie of that dvd and hand it to them? What is the difference? The Supreme Court of Canada has a hard time seeing the difference.

      Maybe they just aren't whores to industry like the US Supreme Court Justices are.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    26. Re:"Stolen" code? by shark72 · · Score: 1

      Your post was very informative, but there were a few points to debate:

      "The copyright code was intended to nail people that intentionally rip off copyrighted works and sell them for profit."

      I'm not aware of that distinction in either the constitution or US code. Do you have a citation?

      "Originally that was to stop books from being copied and sold."

      Books, maps and charts were the first articles protected, but they were protected against unauthorized duplication. In common practice, there was little reason to make unauthorized copies unless you were going to sell them, but nonetheless, I'm not aware of any such distinction. This was in 1790. Printed musical works were added in 1831. That was before plays or (obviously) photos were added. Interestingly, unauthorized performance of copyrighted music wasn't added until 1897.

      (an aside here: motion pictures were added in 1912. Just one more example of the law being retroactively updated to catch up with technology. Congress didn't bother with any of this "the genie's been let out of the bottle, and the incredible technology of movies is way beyeond our puny copyright laws" nonsense; they simply added them to the list. Many Slashdotters are of the mistaken impression that the scramble to update copyright laws to deal with the precedent of P2P is some sort of new concept; of course, they're being retarded. The law books get bigger as technology moves on. State vehicle codes didn't even exist much more than 100 years ago, and today the California Vehicle Code is about three inches thick.)

      "I believe that predates the music industry. That is still the big distinction: if you commit infringement but don't profit by it, that's one thing (fair-use at best, a civil matter at worst), but sell it and make money and you can end up in criminal court, if the amount you make exceeds certain specific limits set up by the law."

      Partially correct. It's quite easy to run afoul of criminal copyright law -- just distribute more than $1K or so of copyrighted work. You don't need to be collecting money for it, although that's a Common Slashdot Meme(tm). This is covered here This is another example of copyright law (as do many, many other areas of law) being updated for the times: in the 1850's, for example, it would be quite pointless and costly to give away the equivalent of $1,000 worth of copyrighted material, but today it's as easy as putting a few gigs of music or movies in your P2P share folder. Incidentally, this provision was added before the Internet became the cultural phenomenon it was today, and was put into place to nail the kiddies who ran the warez BBSes and web sites. I believe it was called the "No Electronic Theft" (NET) act.

      "As an aside, one of things the RIAA would like to do is remove that distinction, and thoroughly criminalize any copyright infringement of any kind."

      Interesting... I've never heard that. Do you have a citation?

      --
      Sitting in my day care, the art is decopainted.
    27. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Funny how so many here on /. take a different view when the IP is source code instead of music....

    28. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      $75-100k? Not much to live on? You've got to be kidding. I grew up in Hawaii, in a county where the average price of a home is over $500k. Growing up, my father only made slightly over $20k/year. Before taxes. Though we qualified for it we didn't accept welfare or any other government assistance because we always had something to eat, clothes to wear, and roof over our heads. I had a great childhood, and now I attend Harvard.

      I know that this is way off topic (and that perhaps you were being sarcastic (I hope you were)), but that kind of attitude is a massive pet peeve of mine.

      Ugh. Anyway, sorry for the rant, but I had to get it out of my system.

    29. Re:"Stolen" code? by westlake · · Score: 1
      I suspect that if that law had any real teeth it would have been a major part of RIAA lawsuits but I haven't heard much about it.

      You might want to learn, because, even if you are not in it for the money you can still do three years for a first offense. Title 18 Part 1 Chapter 113 2319. Criminal infringement of a copyright

    30. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Many Slashdotters are of the mistaken impression that the scramble to update copyright laws to deal with the precedent of P2P is some sort of new concept; of course, they're being retarded.

      Your example of movies is meaningless in this respect. Movies are simply another form of media. The Internet is a new form of distribution.

    31. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      If you read the post again, you will see that he was specifically referring to GPLed software; i.e. software that the copyright holder had given permission to be copied under certain circumstances.

      Funny how so many here on /. manage to post moronic knee-jerk reactions because they were mre eager to flame than to read and understand a comment first.

    32. Re:"Stolen" code? by Lars+T. · · Score: 1

      Funny how saying GPL is somehow different from saying EULA.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    33. Re:"Stolen" code? by orasio · · Score: 1

      It's not theft, it's copyright infringement. But it is copyleft infringement, too.

      1 - The copyright is intended to provide a monopoly for an author. When I copy a CD for a friend, I infringe copyright, I am breaking a monopoly.

      2 - The copyleft is intended to use the monopoly rules to break itself, making a free work. When they make free software proprietary, they infringe copyleft, they are taking a free work, from the author, and depriving the users, plus the author, from derivative works, imposing a monopoly.

      If you watch closely, the same [broken] law is infringed, but the results are quite opposite. I, myself, stand for freedom. In case 1, freedom is attained. In case 2, freedom is lost. If you watch more closely, you will see that I don't care much about authors in this matter, but I care about the users.

    34. Re:"Stolen" code? by bluekanoodle · · Score: 1
      So if I work in a convenience store and write down your debit card number and then sell that on the 'net for 20 bucks, I'm not stealing? After all, you still have your credit card.

      What if I used your card number to buy something? Is it stealing then? How is taking something of tangible value from you different then taking something of tangible value from the movie studio?

    35. Re:"Stolen" code? by drew · · Score: 1

      As the other respondent pointed out, i probably should have attributed the quote to jack valenti, the head of the MPAA. it was from an article by Joel Stein in Entertainment Weekly a while back.

      Actual article:
      http://www.ew.com/ew/article/commentary/ 0,6115,442 431_7||400257|0_0_,00.html
      (you can't read the whole thing unless you are a subscriber.)

      Quote in context:
      When I asked Motion Picture Association of America president Jack Valenti whether the director of the highest-grossing movie of all time [James Cameron, who was also in the PSA discussed in the article] was the ideal spokesperson against petty theft, he tap-danced. "I found the most convincing part to be the working stiffs," said Valenti of the PSA, "the guys who have a modest home and kids who go to public schools. They make $75,000 to $100,000 a year. That's not much to live on. I don't have to tell you that," he said, vastly overestimating the U.S. poverty level and what I get paid for this column. I vowed right then not only to pirate a movie but also to find a way to use the Internet to steal directly from Jack Valenti's home.

      --
      If I don't put anything here, will anyone recognize me anymore?
    36. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      Funny how saying GPL is somehow different from saying EULA.

      The GPL isn't a EULA. It grants permission to copy in certain situations. It doesn't cover use.

    37. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      I make like $12,000 a year and I'm alive.

    38. Re:"Stolen" code? by Anonymous Coward · · Score: 0

      So if I work in a convenience store and write down your debit card number and then sell that on the 'net for 20 bucks, I'm not stealing?

      No. That is not theft.

      What if I used your card number to buy something? Is it stealing then?

      Yes, because you are taking money from me.

      How is taking something of tangible value from you different then taking something of tangible value from the movie studio?

      Did you even read what I wrote? The whole point is that you aren't taking something of tangible value from the movie studio. They still have it. You aren't taking it, you are copying it. That's why it isn't theft. When you take money from my bank account, I don't have it any more. When somebody copies something, the original owner still has it.

  20. I will never understand this. by kerrle · · Score: 3, Interesting

    Why would anyone annouce this without having the product? I'm not saying that they do or don't have a product, I'm just completely blown away when people announce products that don't exist and expect to somehow profit from them.

    1. Re:I will never understand this. by Anita+Coney · · Score: 5, Insightful

      It's a VERY common scam. People do this to get other rich people interested in investing. The point is not to take those investments and actually create a viable product. The point is to spend the investments and leave town when they dry up.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:I will never understand this. by Anonymous Coward · · Score: 0

      I think that part of the point of announcing CherryOS was to get their servers and java streaming media system load-tested. They claimed the servers were down, but they had two streaming media links running the whole time. Read the appropriate article links above for more info...

  21. The clues by saddino · · Score: 4, Interesting

    to the ripoff were so overwhelming, that its amazing they managed to scam so many news organizations. From almost identical function key hints in the title bar, to similar boot strings to the ridiculous idea of someone "getting tired of carrying two laptops" and writing CherryOS as a work-around, can anyone, really, truly be surprised?

    1. Re:The clues by dancingmad · · Score: 1

      Slashdot is a "news" organization?!?

      --
      "There is no time, sir, at which ties do not matter," Jeeves, (Jeeves and the Impending Doom)
    2. Re:The clues by Anonymous Coward · · Score: 0

      Most people have no idea what PearPC is. Do you think Wired employs people to try open source software all day?

  22. Jihad! Jihad! Alalalalalalalalalala! by templest · · Score: 1, Informative

    Link to the PearPC Forum's thread where most of the uncovering was done:

    http://forums.pearpc.net/viewtopic.php?t=1237&post days=0&postorder=asc&start=0/

    --
    I'm a signature virus. Please copy me to your signature so I can replicate.
    1. Re:Jihad! Jihad! Alalalalalalalalalala! by templest · · Score: 0

      Wow, apperantly I didn't RTF-Extended-M. Hurray for looking like an idiot!

      --
      I'm a signature virus. Please copy me to your signature so I can replicate.
    2. Re:Jihad! Jihad! Alalalalalalalalalala! by Anonymous Coward · · Score: 0

      the subject you used is in poor taste..

    3. Re:Jihad! Jihad! Alalalalalalalalalala! by Jesrad · · Score: 1

      Have someone from the PearPC team send a DMCA takedown notice to whoever hosts CherryOS' website. Eh, the law's there, why not use it ?

      --
      Maybe we deserve this world ?
  23. This is just priceless... by ccharles · · Score: 3, Funny

    From TFSummary:

    CherryBS continues

  24. variables with the same names..... by spamfiltertest · · Score: 0, Redundant
    Sebastian Ballas, PearPC's lead developer, said a screenshot of CherryOS shows a variable named "SPIRO MULTIMAX 3000," a nonsensical term Ballas claims to have invented for use in PearPC.

    When told that variables with the same names had been found in both CherryOS and PearPC, Kryeziu said programming logic often leads to variables and functions with similar, or identical, names.

    I would like to know what exact programming logic is going to lead two individual programmers - working off of two different code bases - to use the term "SPIRO MULTIMAX 3000" to do the same exact thing?

    1. Re:variables with the same names..... by saddino · · Score: 5, Funny
      Huh? I always use it for my loops:

      for(long SPIRO_MULTIMAX_3000 = 0; SPIRO_MULTIMAX_3000 < 256; i++) {
      • ...
      }

      C'mon now, doesn't everybody?
    2. Re:variables with the same names..... by saddino · · Score: 5, Funny

      Yeah, yeah, I post-incremented "i"...I guess it shows you how hard it is to even fake using that stupid variable name. :-)

    3. Re:variables with the same names..... by Anonymous Coward · · Score: 0

      Unfortunately, redundant. Another poster beat him by four minutes.

    4. Re:variables with the same names..... by iggymanz · · Score: 4, Funny

      psst, use this code I ripped from PearOS and you'll be cool: #define SPIRO_MULTIMAX_3000 i

    5. Re:variables with the same names..... by saddino · · Score: 1

      LOL -- hilarious, thanks ;-)

    6. Re:variables with the same names..... by SilentChris · · Score: 1

      Any reason you used a long?

    7. Re:variables with the same names..... by paul248 · · Score: 1

      #define PearOS PearPC

    8. Re:variables with the same names..... by LinuxOnHal · · Score: 2, Funny

      Because ints are for pussies...didn't you get that memo?

      --
      Trying is the First Step to Failing --Homer Simpson
  25. Obligatory by graveyardduckx · · Score: 0

    Someone had to bust their bubble eventually... or was it pop their cherry?

  26. With a little luck by Dorsai65 · · Score: 5, Funny

    he may lose his Cherry - say, in prison?

    --
    --- Asking inconvenient questions for over 30 years...
  27. In other news... by k4_pacific · · Score: 5, Funny

    Allegations are surfacing that "Windows 2000" which runs at 80% the speed of Windows NT on the X86 platform, is in fact not built on top of an X86 emulator and runs directly on the hardware.

    --
    Unknown host pong.
    1. Re:In other news... by MSTCrow5429 · · Score: 1

      Well, considering that the last x86 chip generation to run straight x86 code without emulation was the Pentium/Pentium MMX line...

      --
      Slashdot: Playing Favorites Since 1997
    2. Re:In other news... by yaddayaddayadda · · Score: 1

      Actually, the only part of NT or 2000 that runs on the hardware is the HAL. :)

  28. My site was one of the 1st to bring this to light by adzoox · · Score: 4, Interesting

    I did an article on my jackwhispers website about this.

    I was one of the first to point this out and MANY of the PearPC forums respondents replied to me in email and told me about all the links within this article. (One of them is quite startling - about Arben having downloaded PearPC)

    There are a few other insights at the link above.

    Sorry to whore my own site, but I almost think it should be linked here too because I added a little political UNcorrectness to the mix.

    Why the Cherry or The Pear May Be Apple's Next Lemon

    --
    Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  29. well by Anubis350 · · Score: 1

    methinks you underestimate the power of stupid people.... honestly though, think about how many people have paid for copies of kaazaa(insert version here) and ask your qustion again

    --
    "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
  30. I need a drink by goates · · Score: 5, Funny

    I like this quote:

    "If it isn't, it will ruin my reputation," he said. "I will end up as a bartender. I do not want to be a bartender."

    Can I get mine shaken, not stirred?

    1. Re:I need a drink by JofCoRe · · Score: 2, Informative

      This was one of my favorites:

      Kryeziu said the CherryOS site was often unresponsive because of attacks from crackers and traffic. The site was unavailable most of Thursday because a cracker changed administrator passwords and key settings, he said.

      "It's getting hacked like crazy," he said


      So they're admitting that they don't know how to secure their web server very well then? Cuz I've run a number of web servers, and it's really not that hard to keep them from "getting hacked like crazy".
      <obligatory MS bash>Well, assuming you're not using IIS, that is...</obligatory MS bash>

      --

      Place sig here.
    2. Re:I need a drink by Anonymous Coward · · Score: 1, Informative

      http://cherryos.com was running Microsoft-IIS on unknown when last queried at 12-Oct-2004 16:11:57 GMT :)

    3. Re:I need a drink by gl4ss · · Score: 1

      no, "getting hacked" by "evil crackers" is a way you buy some time when you're running a scam on the net.

      it's one of the most used excuses, and sinks into laymen easily, and even better it sinks into people who want to believe you for one reason or another(the 'daily profits investments' that in reality run a ponzi scheme for example use this as an excuse a lot of the time).

      basically it's like saying that a dog ate your homework.

      --
      world was created 5 seconds before this post as it is.
    4. Re:I need a drink by JofCoRe · · Score: 1

      no, "getting hacked" by "evil crackers" is a way you buy some time when you're running a scam on the net.

      Yep, my point exactly :)

      --

      Place sig here.
  31. fruity by Anonymous Coward · · Score: 0

    Cherries, Pears, Apples... I don't know about the code, but I sure am getting hungry!

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

      Don't forget the pineapple (cherrypc "Headquarters" is in HI afterall). All we need are some peaches and we'll have some fruit cocktail!

  32. Ouch by Anonymous Coward · · Score: 0

    Vote for John Cherry!

  33. SPIRO MULTIMAX 3000 by wsock32.dll · · Score: 5, Funny

    From now on every piece of code I write is going to have a variable named SPIRO MULTIMAX 3000!

    1. Re:SPIRO MULTIMAX 3000 by d_jedi · · Score: 2, Funny

      I'm going to use SPIRO_MULTIMAX_6000. TWICE as good!

      --
      I am the maverick of Slashdot
    2. Re:SPIRO MULTIMAX 3000 by Anonymous Coward · · Score: 2, Funny

      i will use spiro multimax 1000 and claim it's the original see you in court!

    3. Re:SPIRO MULTIMAX 3000 by theparanoidcynic · · Score: 1

      Done and done. That's going in tonight's homework.

      Of course, my professors are quite used to me using absurd variable names like 'is_happy', 'mutant_goose' or 'is_a_wiccan_midget' so I doubt 'spiro_multimax_3000' will get much attention . . . . . .

      --
      Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
    4. Re:SPIRO MULTIMAX 3000 by Anonymous Coward · · Score: 0

      I'm guessing you don't have TAs who demand that Each Variable And Function Name Shall Be Named Logically Or You Will Lose Points.

      (It's for "maintainability," they say.)

    5. Re:SPIRO MULTIMAX 3000 by theparanoidcynic · · Score: 2, Funny

      Hey, hey. Anyone who can't understand that is_a_wiccan_midget being true means invalid input doesn't deserve to be working on my code. ;)

      Also, nobody ever has to work on it but me, so as long as it works . . . . . .

      --
      Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
    6. Re:SPIRO MULTIMAX 3000 by Anonymous Coward · · Score: 0
      From now on every piece of code I write is going to have a variable named SPIRO MULTIMAX 3000!

      Don't forget nigritude ultramarine! Oh, wait, that's a whole other topic...

    7. Re:SPIRO MULTIMAX 3000 by Anonymous Coward · · Score: 0

      I'd fire you in an instant.

    8. Re:SPIRO MULTIMAX 3000 by Anonymous Coward · · Score: 0

      Oh yeah? Well I'd fire YOU in an instant!

  34. Text of debunking by LittleLebowskiUrbanA · · Score: 5, Informative

    All,

    To see the update from October 16th, click here.

    To see the update from October 17th, click here.

    I did a little investigating on CherryOS and I made several startling discoveries beyond its amazing similarity to PearPC. First, the individual who first posted on [H]ard|Forum about being given a "beta" test of CherryOS (that is, Dag33k), is in fact the same person as the alleged author of CherryOS, Arben Kryeziu. Interestingly, on HardForum Dag33k posted a link to the developer's response (alias: ArbenK) on the PearPC form. I have pretty sufficient evidence to suggest that these two people are one in the same. Look at the registration dates for Dag33k's account and Sourceforge's account for ArbenK. Coincidence?

    HardForum's user information:

    Sourceforge's user information:

    Both dates, of course, are 2003-05-05.

    Things get even more interesting, when we trap Arben Kryeziu in another lie. On the PearPC forum, he claims he doesn't speak any Albanian, as we see here:

    But then strangely, earlier this year Arben (same screen name: arbishco) posted an Albanian translation for PJ IRC.

    Now the shit really hits the fan. I started searching though his network of sites starting from bumpnetworks.com and found something even more interesting. If he's ripping off PearPC and violating the GPL, this is not the first time he's violated the GPL. On his bumpnetworks.com site, he has a link to piece of software he claims to have written, PdfConv (Link to image of description on website).

    Now, as you'll see in the circled text, he claims it's based on Xpdf and VeryPDF. I went to VeryPDF and found their application PDF2HTML. Sure enough the product was GPL licensed and the source code is freely available (As seen in the following image). I downloaded trials of both to see how much different PdfConf was from PDF2HTML.

    To Arben's credit, the interface is different from PDF2HTML, but identical in all other functions. The output from the same PDF file was almost identical. The only difference was that he took the time to remove the copyright notices from the generated html files. (As seen in this example graphical diff produced by WinMerge.) His output is on the left, PDF2HTML's output is on the right. Notice the only difference is the removal of the copyright notice.

    I don't know if Arben changed any of PDF2HTML's code, but if he did, I'm not very confident he respected the GPL. From this, I have pretty good reason he is again disrespecting the GPL by pawning PearPC off as his own application. Finally, to summarize some other troublesome aspects regarding Arben, I found this slashdot post:

    Sorry for all the inline images. I found this detective work fascinating, and I think its clear that Arben is perpetrating a fraud and that he personally has no respect for the GPL.

    October 16th update:

    I sent an email to Arben with a link to this page and a request to honor PearPC's GPL. This is the response I received:

    From: CherryOS Team [mailto:mail@cherryos.com]
    Sent: Friday, October 15, 2004 3:18 AM
    To: 'Dean Beeler'
    Subject: RE: PearPC is GPL (via Web form)

    Hi Dean,

    I am already talking to the PearPC.net webmaster, he will receive the trial as one of the first - because he treated us with respect and an open mind. I will let PearPC test the @#$@ out of CherryOS so you guys can try to prove your points. As you can see I have another product called www.vx30.com, and believe me I am not a person who wants to loose all his reputation. If you contact VeryPDF and ask them about our relationship - he will tell you that there was never one problem and I respected his rights and requests as soon they where submitted to me. I even can send you the communication between us.

    I will and am respecting the PearPC GPL and the PearPC community! If people wont like the CherryOS emulation, then trash me then. If people don't want to purchase, they can use

    1. Re:Text of debunking by Anonymous Coward · · Score: 0

      That is a lot of words!

    2. Re:Text of debunking by Anonymous Coward · · Score: 0

      Can someone give me the CliffsNotes version of this post?

      When we get to sentences like:
      you are always use yourself "Shopping Cart"

      I get a:
      "that does not compute" error from my brain ;p

    3. Re:Text of debunking by canadacow · · Score: 1

      That exposé of Arben and his violation of the GPL is my site. Please don't fault the VeryPDF developers for their use of the English language. I am very greatful that they took the time help me, and I would have done the same for someone else.

  35. I Think We Already Figured That Out by Greyfox · · Score: 0, Offtopic
    Zoidberg: Strange. Why would Nixon, an awkward, uncomfortable man, suddenly throw a party? One of the most social events imaginable! It's a trap is why! ...Why don't I hear gasps?
    Leela: We'd already worked that out.

    Yeah... something like that...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  36. Mmmmmm by Anonymous Coward · · Score: 0

    Gotta love that Hyperion Entertainment smell.

  37. more license violations by hubertf · · Score: 4, Interesting
    See here for details on another Open Source license violation. In this case, the copyright holder's name and license was removed against the license. Rumours say that latest versions of the software are still based on the ripped-off version.



    - Hubert

    1. Re:more license violations by graffix_jones · · Score: 1

      After reading through the code snippets I'm at a loss as to how you know that it's based on your code. All the variable names seem really generic (file, server, user, etc.), and just because they follow a particular order doesn't mean shit.

      I've taken enough programming classes to see that logically the code he wrote could coincindentally be similar to yours (as it is in this case).

      Not to be inflammatory, but I think his code looks better, and is definitely more detailed than yours is... so this begs the question... why would he rip off your code when he was perfectly capable of writing his own?

      Oh, and I guess I should add the disclaimer that I have nothing to do with 'g4l' or have any idea who it is that wrote it, but I will say that you may have actually been off the mark on this one... no wonder the programmer just yanked it off the net rather than give you credit.

    2. Re:more license violations by graffix_jones · · Score: 1

      Eeeewps... find/replace *your* *their*. ;)

    3. Re:more license violations by Anonymous Coward · · Score: 0

      1) It's not terribly obvious that that really is plagiarized.

      mostly because:
      2) It's a pretty fucking trivial script to begin with.

      and besides:
      3) The guy released it under an OSS license. He's not out to scam anyone or make a quick buck.

      What the heck is it you want credit for? Are you the only one out there with the brains to understand the command-line syntax of dd and ftp?

      Sorry but if you think that's somehow on the level with someone distributing as closed-souce and trying to make money off something which is thousands of lines of non-trivial code, you're just a lunatic.

  38. Proof the GPL isn't business-friendly by Anonymous Coward · · Score: 4, Funny

    As a business owner, this just confirms what I've always felt about the GPL: it is anti-capitalist and prevents people from owning their own property. Who knows how much or how little code may have been taken; it could just be a few trivial routines. Nonetheless, the viral GPL license means that the many improvements this man has no doubt made no longer belong to him, but instead must be forced into the public domain under the provision's of the GPL. I'll never license my code under the GPL, and I encourage everyone who cares about freedom to do the same.

    1. Re:Proof the GPL isn't business-friendly by ScrewMaster · · Score: 1

      Surely you jest. If you're being serious, you just displayed the most profound lack of understanding that I've seen in a long time.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Proof the GPL isn't business-friendly by Em+Adespoton · · Score: 1

      Why has nobody modded this as funny yet?

    3. Re:Proof the GPL isn't business-friendly by moquist · · Score: 1

      BS. Any changes this man made to this code still belong to him, and he has the choice to keep them (in all forms - binary, source, whatever) to himself or to release them under the GPL.

      The only thing that he can be forced to do if he violates the GPL is stop redistributing GPLed software whose source he copied.

      Even worse, your ideological claims are more harmful BS. The GPL is not "communist", because it does not force anyone who doesn't want to share to share. It's a share-and-share-alike system. If you want to use my code, that's fine, but you have to let me use your code.

      If you don't want to share your code, Mr. Business owner, please take your editor and go home. Keep yourself away from the copyrighted property of the thousands of people around the world who *do* want to share the fruits of their labor for the common good. And don't let me stop you from writing your own code to distribute as you like. See? Not communism. There is no "black market", just a "proprietary market". It's not illegal, it's just inferior in several ways.

      Further, the GPL fosters competition. The bazaar model of software engineering depends on it. If your code sucks, your software sucks, and it will not win community acceptance. Again, the key idea here is that no one is forced into anything. There is no piece of software that is *mandated*; you choose what you want. Not communist.

      Also, your complaint is centered on a dated and fading business model that depends directly on the sale of software. That market will simply continue to decrease until the point at which it is in balance with the demand for proprietary software (which will probably always exist). Stop selling software and sell customer solutions/support. If you do that, you don't even need to strain to come up with a continuous cash-flow business model, because *of course* service contracts need to be renewed every year, while people really don't like the idea of renewing "software licenses" on a yearly basis.

      I assume nobody else responded to your comment because the "GPL IS VIRAL" whine is old and so often disproved.

      But I couldn't help myself, so there you go.

    4. Re:Proof the GPL isn't business-friendly by c.ecker · · Score: 2, Insightful

      Hold on now, I think what Anonymous Coward meant to say was that the GPL wasn't software-monopoly steal-someone-else's-software then-release-buggy-software charge-arm-and-a-leg screw-the-consumer then-coerce-upgrades friendly.

      --
      My affinity for hyperbole knows no bounds ...
    5. Re:Proof the GPL isn't business-friendly by EzInKy · · Score: 1

      his just confirms what I've always felt about the GPL: it is anti-capitalist...

      You want code? You pay code! The GPL is capitalism in its purest form.

      --
      Time is what keeps everything from happening all at once.
    6. Re:Proof the GPL isn't business-friendly by Anonymous Coward · · Score: 0

      Sounds like what RedHat did, what they call _Enterprise Linux_ now. Sucks having your own foot in your own mouth doesn't it.

    7. Re:Proof the GPL isn't business-friendly by QuantumG · · Score: 1

      I know I'm replying to a troll of a troll but what the hell. Suppose someone was upright and forthwith unlike this guy in the article. Suppose that person made a LOT of changes to an open source project. They tried to contribute the changes back to the open source project but they were ignored. The usual response at this point is to fork the project, creating a new open source project which is based on the old. This is considered normal and reasonable behaviour and leads to the great diversity of open source software that we have today. If most of the code is written by a single author (the new author) and the remainder of the code is written by an author who is ignoring his obligations in running an open source project, then why should the new author be required to stick with the original author's choice of license? The BSD folks would say "man, don't just rewrite that other dudes' code and you're free to change the license to whatever you want". Well I don't think that is the case do you? The new code will be a derived work of the old code, just as the changes were a derived work. In fact, to make it NOT a derived work you're going to have to go out of your way to do things in a brand new way. If that original code was fundimentally right, that means going out of your way to write bad code.

      --
      How we know is more important than what we know.
  39. I would not be surprised to see... by WindBourne · · Score: 2, Funny

    that SCO or MS will shortly come out backing Cherry and offering to fund it as well?

    --
    I prefer the "u" in honour as it seems to be missing these days.
  40. This is why I would love /.TV by DeepFried · · Score: 5, Funny

    I wish there was a /.TV channel so that this would play out in a 60minutes style camera ambush on this guy.

    We have seen the forum equivalent of that ambush but it is just not the same as watching this guy squirm as he is caught in his many lies.

    DF

    --


    Who is General Failure, and why is he reading my hard disk?
  41. Never had good mojo from the start... by dimplemonkey · · Score: 1

    From the moment the news first came out, I knew there a caveat emptor in the fineprint! From their website, to the campy video that took forever, to the opinions of the majority. It just sounded too good to be true and it appears that this is the case. There wasn't even a peep from Apple Legal!

    I still want OS X ported to Intel/AMD side! Don't you?

    1. Re:Never had good mojo from the start... by Anonymous Coward · · Score: 0

      Not really - having a standard hardware platform to target is a big part of why OS X has a reputation for reliability. You're not going to have that on x86...

  42. for Pear PC by Anonymous Coward · · Score: 0

    Life isn't just a bowl of cherries anymore

  43. Breach of the GPL contract??? by Em+Adespoton · · Score: 4, Interesting
    One second here -- time to feed the troll -- how can you "steal" GPL'd code? The only breach of contract I can see is that he provided a copy to Wired without including full source modifications to PearPC, which it is obviously based upon (variable names like that do not crop up by coincidence). Making copies of GPL'd software is not pirating in any sense of the word (even the RIAA sense), and thus making copies is completely legal, and even encouraged by the license. What the parent post was stating is that either a) he gets sued for not complying with the PearPC license, or b) he complies, and everyone can distribute the source code to his software for free. It is indeed a lose-lose situation for him.

    On another note, it appears he's trying for an SCO style attack, where he repeats things so many times that people start to think that it must be true... and he's probably counting on the PearPC folks not having enough money to fight him in court. That's if he's actually planning to release his modified copy, to anyone but the press, which is also in question.

    knowing a bit about PPC/x86 code translation and cross-platform emulation, and also knowing others who are currently working on many emulation projects, I can safely say that 80% performance is pretty much impossible in what he is doing. First off, you have little-endian vs. big endian architectures to deal with; then you have to also factor in OS overhead, memory management translation, processor-unique opcodes that must have their logic translated to a different meme, incompatible register types, etc. The PearPC guys did an excellent job of overcoming all these hurdles, but as anyone who has used PearPC knows, routing around the obstacles comes with a massive performance hit. If he said that CherryOS took an 80% performance hit and that a technology beta was going to be released soon, he would at least be talking in the realms of remote possibility.

    I hope he likes bartending, or that the poor fool whose name he's possibly been using finds out what he's been up to before it is too late.

    1. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      What the parent post was stating is that either a) he gets sued for not complying with the PearPC license

      Which is a breach of contract.

      Although it could be simple copyright infringment if he claims that he never accepted the GPL license.

      b) he complies, and everyone can distribute the source code to his software for free.

      That's assuming he complies. Until he complies, anyone caught redistributing the software (as the parent suggested) would be a copyright infringer.

      One second here -- time to feed the troll

      I do not appreciate that comment.

    2. Re:Breach of the GPL contract??? by labratuk · · Score: 1

      The GPL isn't a contract. It's a conditional copyright waiver. And that falls under copyright law, so it's copyright infringement.

      --
      Malike Bamiyi wanted my assistance.
    3. Re:Breach of the GPL contract??? by Ohreally_factor · · Score: 1
      What the parent post was stating is that either a) he gets sued for not complying with the PearPC license


      Which is a breach of contract.

      Where did you or the gp pick up the idea that a license is a contract? If you do not understand business law, please don't post as if you do.
      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      If you do not understand business law, please don't post as if you do.

      Do you?

      Linky 1
      Linky 2
      Linky 3 (I love the quote: "The GPL IS a contract. Calling it a license simply describes the type of contract it is. some people get confused and believe licenses are always required when copyright interests are at stake.")

      I think the difficulty arises when people read things like this article which state that the GPL is a license because it is not solely enforcable by contract law. This is true. It is enforcable by contract law if the redistributer claims to have accepted the license. Yet the GPL relies on standard copyright law as a backup in case the redistributor claims to have not accepted the contractual requirements of the GPL license.

      Now please, run along. For one day, I've been insulted more than enough for knowing what I'm talking about.

    5. Re:Breach of the GPL contract??? by Minna+Kirai · · Score: 1

      Which is a breach of contract.

      Not necessarily. You can only breach a contract after agreeing to it. Do you have any evidence that this developer agreed to the GPL? He could be a simple copyright infringer, after all...

      Which option is less liable is a choice for him and his lawyer.

    6. Re:Breach of the GPL contract??? by Ohreally_factor · · Score: 1
      It's pretty clear that you aren't a lawyer, nor are have you studied law.

      From Findlaw's article on consideration in contract law:

      According to traditional legal doctrine, if one party makes a promise and the other party offers nothing in exchange for that promise, the promise is unenforceable. Such a promise is known as a "gratuitous promise." Gratuitous promises are said to be "unenforceable for lack of consideration."


      This is a fundamental principal of Contract Law. If you knew wtf you were talking about, you'd know this.
      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      You should have read the line right after that:

      Although it could be simple copyright infringment if he claims that he never accepted the GPL license.

    8. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      And it's obvious you're not paying attention. The GPL provides contractual obligations that are beneficial to both parties. i.e. I will give you the code (service provided to licensee) in exchange for you returning any changes you make (service provided to licenser).

      You should take careful note the third link. The statement about the GPL being a contract was made by "Rod Dixon, J.D., LL.M.". Not only does he hold a Juris Doctorate and a Masters of Law, but he is the author of Open Source Software Law. In other words, he knows what the hell he's talking about.

      In short, the GPL is a contract because it has contractual obligations. Calling it a waiver or "not a contract" is misleading and unethical.

    9. Re:Breach of the GPL contract??? by Lars+T. · · Score: 1

      So the GPL license is not just any old EULA you can ignore? Sometimes Slashdot is sooo confusing.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    10. Re:Breach of the GPL contract??? by Em+Adespoton · · Score: 1
      Unlike the other responders to this reply, I agree that you have a strong point... the only problem lies in not carefully reading the GP post or my response to your post (just as many people have not carefully read your response I am now replying to)...

      Not true. Right now he's in breach of contract

      Note that I stated that the only place this could be possible is over the software distributed to Wired. The GP poster was pointing out that in the future he would either be under breach of contract/copyright infringement or forced to give away his source, which is what I was responding to in your retort. This is why I mentioned trolling, as it appeared to be a pretty obvious statement by the GP, which you then turned into a contriversial statement by only highlighting half of the issue. I'm pretty sure it was an unintentional troll, but the effect was the same.

      All the points you made were valid, just not in response to the statements you quoted. Indeed, anyone caught redistributing his closed source version would be guilty of copyright infringement until the courts decided otherwise; but the GP post had already assumed (albeit loosely) that he had complied.

      Looks like someone removed some of your karma, which I think is a bit extreme, considering everything you said was correct, just not in context. If anyone actually reads this post, please keep that in mind in the future.

    11. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      Unlike the other responders to this reply, I agree that you have a strong point...

      You're probably the only one, but thank you. :-)

      the only problem lies in not carefully reading the GP post or my response to your post (just as many people have not carefully read your response I am now replying to)...

      It may be more because the GP post was ambiguous in nature. His english was extremely difficult to parse. As a result, I interpreted his post to mean that "It's GPL, so therefore it's free." i.e. The mistaken assumption that the GPL is "viral".

      This is why I mentioned trolling, as it appeared to be a pretty obvious statement by the GP, which you then turned into a contriversial statement by only highlighting half of the issue. I'm pretty sure it was an unintentional troll, but the effect was the same.

      One has to be careful around here. "Troll" is a pretty strong word to throw around, especially when there's a good chance of miscommunication. It was, in fact, not my intention to troll. Merely to point out that CherryOS is still protected by copyright law, and will continue to be protected until such time that the author decides to release the source code under the GPL.

      Discussions about CherryOS being released under the GPL really are independent of the issue at hand. The reason for this, is that the author has no obligation to release the source (even if he has been found in breach of contract and/or infringing on copyrights). Again, posters tend to assume a "viral" aspect to the GPL.

      Looks like someone removed some of your karma, which I think is a bit extreme, considering everything you said was correct, just not in context.

      Surprisingly, I don't think any of my karma went anywhere. The entire thread seems to have been mostly ignored by the mods. (Perhaps because they had difficulty in deciding who they felt was "right" or "wrong".) I'm capped either way, so I don't worry about it too much. Thank you for the sentiment, though. :-)

    12. Re:Breach of the GPL contract??? by Ohreally_factor · · Score: 1
      OK, I read it. It's an interesting point, but a controversial one. Sure one can say that licensing and copyrights are a form of contract, just as one can say that the social contract is a real contract.

      Dixon mentions the "Pro CD" case. I've heard of it before but I'm having trouble finding the actual opinion he mentions. He gives scant details.

      Hold on! Here it is.

      Some very interesting stuff which supports your contentions. First,

      Following the district court, we treat the licenses as ordinary contracts accompanying the sale of products, and therefore as governed by the common law of contracts and the Uniform Commercial Code. Whether there are legal differences between "contracts" and "licenses" (which may matter under the copyright doctrine of first sale) is a subject for another day.

      We get to the meat of the matter, acceptance.

      What then does the current version of the UCC have to say? We think that the place to start is sec. 2-204(1): "A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract." A vendor, as master of the offer, may invite acceptance by conduct, and may propose limitations on the kind of conduct that constitutes acceptance. A buyer may accept by performing the acts the vendor proposes to treat as acceptance. And that is what happened. ProCD proposed a contract that a buyer would accept by using the soft- ware after having an opportunity to read the license at leisure. This Zeidenberg did. He had no choice, because the software splashed the license on the screen and would not let him proceed without indicating acceptance. So al- though the district judge was right to say that a contract can be, and often is, formed simply by paying the price and walking out of the store, the UCC permits contracts to be formed in other ways. ProCD proposed such a dif- ferent way, and without protest Zeidenberg agreed. Ours is not a case in which a consumer opens a package to find an insert saying "you owe us an extra $10,000" and the seller files suit to collect. Any buyer finding such a de- mand can prevent formation of the contract by return- ing the package, as can any consumer who concludes that the terms of the license make the software worth less than the purchase price. Nothing in the UCC requires a seller to maximize the buyer's net gains.

      Here is the most pertinent part to your idea that the GPL is a contract, imo. I bolded the very last part because I found it interesting.

      But are rights created by contract "equivalent to any of the exclusive rights within the general scope of copy- right"? Three courts of appeals have answered "no." Na- tional Car Rental Systems, Inc. v. Computer Associates International, Inc., 991 F.2d 426, 433 (8th Cir. 1993); Ta- quino v. Teledyne Monarch Rubber, 893 F.2d 1488, 1501 (5th Cir. 1990); Acorn Structures, Inc. v. Swantz, 846 F.2d 923, 926 (4th Cir. 1988). The district court disagreed with these decisions, 908 F. Supp. at 658, but we think them sound. Rights "equivalent to any of the exclusive rights within the general scope of copyright" are rights estab- lished by law--rights that restrict the options of persons who are strangers to the author. Copyright law forbids duplication, public performance, and so on, unless the per- son wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world. Contracts, by contrast, generally af- fect only their parties; strangers may do as they please, so contracts do not create "exclusive rights."

      Someone who found a copy of SelectPhone (trademark) on the street would not be affected by the shrinkwrap license--though the fed- eral copyright laws of their own force would limit the finder

      --
      It's not offtopic, dumbass. It's orthogonal.
    13. Re:Breach of the GPL contract??? by AKAImBatman · · Score: 1

      * AKAImBatman takes a polite bow

      =)

  44. Yes, don't we all use that? by SuperKendall · · Score: 5, Funny

    When I'm thinking of variable names my mind often turns to thoughts of Spiro Agnew. And then of course, he was developing Cherry OS so thoughts immediatley turn to the movie Cherry 2000 and if a sequel (obviosuly named Cherry 3000) would be released.

    Then you come to the thought that this method is muti to the max, and out pops SPIRO MULTIMAX 3000 right in the middle of your code. I must have that happen several times a day myself, and I don't even work with code that has anything to do with cherries - I just find them a tasty snack.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Yes, don't we all use that? by moonbender · · Score: 1

      I always thought everybody used it as a standard counter variable - that's what they tought us in college... ...strictly for those languages that don't support Aramaic unicode characters as variable names, obviously.

      --
      Switch back to Slashdot's D1 system.
    2. Re:Yes, don't we all use that? by aegilops · · Score: 1

      Curious. When I'm thinking of the name Spiro Agnew my mind often turns to thoughts that it is an anagram of grow a penis.

  45. Phish and chips? by cheeseguy · · Score: 4, Insightful

    Now this is what I call one sophisticated phishing scheme. They managed to get otherwise smart people knowledgeable about technology to hand over their personal info in the hopes of getting something most of them would admit sounds too good to be true. I wonder how many of the same people responded to the "email veerification request" messages claiming to be credit card companies. In my mind any company that has not proven anything in the real world is sure as sh*t not getting anything from me. I'd be curious how many people actually signed up on their website for the pre-release of the software.

    1. Re:Phish and chips? by rogabean · · Score: 1

      I did.. when it came back up the other day. Just to see what would happen. Of course, all he got was my email address, the rest of the info is bogus.

      I've been a supporter of PearPC and will continue to be... I'm just waiting to watch this guy fry.

      Sadly, he probaly won't.

      --
      "why don't you just slip into something more comfortable...like a coma!"
    2. Re:Phish and chips? by MikeDX · · Score: 1

      Now this is what I call one sophisticated phishing scheme

      I'll say so! They got some lovely free advertising from Slashdot! Now all I have to do is confirm my credit card details...

  46. Who's Derek Smart? by Anonymous Coward · · Score: 0

    Quiet! If you say his name three times he'll appear and start flaming.

    Who's Derek Smart? Derek Smart? Derek Smart?

    At least provide me a link. :o)

    1. Re:Who's Derek Smart? by onco_p53 · · Score: 3, Informative

      A simple search would have answered that... http://www.werewolves.org/~follies/

    2. Re:Who's Derek Smart? by DARKFORCE123 · · Score: 1

      Didn't anyone try Derek Smart's desktop commander ? Best tool ever!

    3. Re:Who's Derek Smart? by Anonymous Coward · · Score: 0

      Couldn't get it to compile in Linux. I didn't want to pay for the commercial Fortran 90 compiler, and converting 60 lines of raw F90 to F77 (for compilation with g77) would have been way beyond my abilities.

    4. Re:Who's Derek Smart? by suckmysav · · Score: 1

      hehe

      Does anybody know whether Derek Smart has ever gone head-to-head with "Rod Speed" before?

      --
      "You can't fight in here, this is the war room!"
    5. Re:Who's Derek Smart? by Anonymous Coward · · Score: 0

      A simple link would have saved us all the hassle (thanks for that, by the way).

      Not sure about the rest of that site, but this page contains a lot of commentary that is not really fair to Smart. For instance, simply checking the manual for the phone in question (Sony SPP-A972, or very similar) pretty much discredits the last paragraph of commentary.

  47. Check out this article on him by Anonymous Coward · · Score: 5, Interesting
    Technology with Aloha, some how I find that he is not quite the genius that everyone makes him out to be. He single handly, by himself, created his own video/audio codecs.

    Does anyone else some how find that his VX30 might be a rip off of the ogg theora java port. The fact that its listed on this site, right next to the java port of ogg theora is fishy..

    1. Re:Check out this article on him by drfreak · · Score: 1

      Has this ben confirmed? There are also claims that he may have ripped off pdf2html.

    2. Re:Check out this article on him by Anonymous Coward · · Score: 0

      Good to see you hear you damn Guest from PearPC forums! Shall I reveal who you are you evil racist pig!?!?!

    3. Re:Check out this article on him by GauteL · · Score: 1

      "The fact that its listed on this site, right next to the java port of ogg theora is fishy.."

      You might be right, but surely you can come up with better evidence than THIS to back up your suggestion.

      Being listed right next to Ogg Theora? WTF is that for evidence?

  48. Pattern developing? by Featureless · · Score: 4, Insightful
    I hate to say this, but I am starting to see a pattern here.
    1. Find successful, interesting, or promising open-source/free-software product.
    2. Steal that product's code.
    3. Get your "new" commercial/pseudo-commercial/"subscription coerced" project covered on Slashdot
    4. Profit!!!!
    And the sick fact is, this moneymaking scheme works. How much money do you think "CherryOS" has made since /. linked to it? Not much by some standards, but certainly something! Now, how much did they spend to make it? How much profit?
    1. Re:Pattern developing? by adzoox · · Score: 1

      You give slashdot too much credit there.

      Apple websites published it first - if anything thier was MUCH greater traffic flow from the dozens of websites that linked to it.

      I do agree that a lot of people get the free "whored" advertising here, but I also have to admit I do it for my own sites often.

      In fact, it's why I post here - so I can get into Google searches talking about just about every Apple topic under the sun.

      --
      Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  49. Not what came to my mind by temojen · · Score: 1
    the first thing that came to mind was "I bet they're using PearPC code without attribution.".

    And I just thought "I wonder where in the small print they attribute PearPC.". They could have burried it in some legal mumbo-jumbo, and so long as their wrapper doesn't change PearPC or include any parts of it, but does make PearPC source available for download, they're scott free. Now it looks like they've not even done this, so they are in violation of the GPL.

    1. Re:Not what came to my mind by JohnQPublic · · Score: 1

      And I just thought "I wonder where in the small print they attribute PearPC.".

      The GPL does not require any attribution. If you modify the heck out of a GPL'ed program, change its filenames, rename all its variables and translate all its messages to pidgeon Esperanto, you're still clean as long as you leave the original warranty discalaimer license intact and release the source under the GPL.

      If you want to require people to acknowlege your work, the GPL is the wrong license for you. Try the BSD license instead.

  50. Re:Weekend with Bernie by xtermin8 · · Score: 1

    He doesn't have to fool all people, or even some of the people, all the time. (to mangle an old saying) If he's developed a mailing list from people who registered, he may have accomplished all he ever intended with this stunt. Actually stretching a corpse on the lawn chair is not such a bad idea! In the early summer my neighbor's often out, lying pale, bloated and smelly. Its quite tempting to poke him with a stick, just to make sure.

  51. This raisesa question I have about the GPL! by Mr.+Cancelled · · Score: 2, Interesting

    And I'm not a die-hard "Everything must be by the book!" type-a guy, but what's to prevent some a-hole, which this Arben does appear to be shaping up as, from abusing the hell outta the GPL by copying, stealing, and selling the source of a GPL project as their own?

    Yes, we do have the world-renowned "Slashdot Effect", which may cost him or her a little with their hosting company, but what other ramifications does the average GPLer hope for in cases such as this (profiting from GPL'd code without giving credit or $$ to the actual creators)?

    I suppose that if the problem were big enough, one might hope for some support from the EFF, and perhaps there's some other well-intending lawyers for the bigger GPL cases, but I see little to actually deal with some of guys like this. If I call up his local police, they'll be laughing at me all the way to the donut shop, not running over to arrest him and charge him with violating the GPL.

    And the worst part of this, in my view, is that the average consumer isn't a geek, and so losers like this can still make money off them since they aren't privy to this "elite geek knowledge", as we obviously are. You and me can laugh tomorrow about how CherryOS is appearing to be every bit the fake that we all thought it was last week when it hit the boards, but the average guy who just wants to run that cool OSX on his $300 PC isn't going to be privy to this kinda news. So ol' Arben's still likely to make a nice bit of money off these people before disapearing with some easy cash (potentially, of course - There's no smoking gun showing that CherryOS is a fake yet to my knowledge).

    So other than losing a few potential sales to us geeks, and getting a bad rap in the nerd pools around the world, is that all this guy can expect? Certainly the average GPL code writer's not going to have the knowhow or money to go after an anonymous name who could be anywhere in the world.

    Does this kinda thing happen a lot? I can see where someone could likely get away with this and make some nice cash if they were to avoid very visible, and geeky products such as this. I mean... If I'm writing closed-source IVR software in Russia, and I just repackage a bunch of open source code as my own, what's the odds that anyone would notice? Now... Stealing a product as new, and with as big of "WOW" factor as PearPC takes some big balls, or a lot of stupidity, but for a lot of smaller, or less public projects, it wouldn't surprise me to find this was happening more often than people want to know about.

    And for that matter, what's to prevent all the entepreneurs(sp?) out there reading this story from doing this? I can see at least one Slashdot reader going "It's just the GPL, and it looks like it's easy money! I'll just register me a fake domain, erase some copyrights and come up with a logo, and voila! I'm ready to start selling me my new Internet browser "FireWolf" for a nice profit"?

    Sorry if this is a well known thing... I tend to avoid philosophic discussions on the GPL as often it's a lot of flaming, and little real knowledge, but this is a question I've always wondered, yet have never seen definatively answered.

    1. Re:This raisesa question I have about the GPL! by ScrewMaster · · Score: 1

      Happens all the time. It's called "Linksys".

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:This raisesa question I have about the GPL! by mindstrm · · Score: 1

      What is to prevent someone from stealing an author's novel and selling it as their own? what's to prevent someone from stealing photographs and presenting them as their own?
      What about music?

      The GPL doesn't somehow nullify copyright law.. taking someone elses work and passing it as your own is fraud. It's also copyright violation, and other things, depending on how things are done.

    3. Re:This raisesa question I have about the GPL! by Mr.+Cancelled · · Score: 1

      The GPL doesn't somehow nullify copyright law.. taking someone elses work and passing it as your own is fraud. It's also copyright violation, and other things, depending on how things are done.

      Well obviously. My point wasn't so much "Is this illegal" - It obviously is, but how common is it? If it's common, how often are people sued for the violation? How many people have succesfully been sued? Has jail time ever been given for an offense??

      The novel idea doesn't work for me: If you write a novel, you're sending it to some publishers to be published, and then they and you are legally & financially in trouble if and when the lifted work's discovered. And they have teams of people at most publishers to both look out for, and address plagarism such as your example. Plus, readers of one style/author, are likely to recognize the style of the author. Would the average PC user ever think "Hey - This program I paid $50 for acts a lot like this one I downloaded for free! I wonder if the code's been stolen"? Probably not, I'm guessin'

      In the computer business, 99% of the users out there have no idea how to write, read, or lift source code. I doubt that "Bob and Sue small business owner" have never heard of the GPL. They won't know that the software they're buying is lifted code. But in the same sense, would a GE, or a GM realize it if they purchased a six figure-costing CAD program that turned out to be hacked Blender code? I would hope so, but I don't know. Hence my question(s) about what happens in these cases.

      Most of the responses so far seem to indicate "Not much of anything is done, but it should be!". Is this really what most GPL licensees & contributors can expect for their endeavors? Obviously the IBM's and other big business's contributing open source code have the financial clout to fight someone who they think's going after their code illegally, but there's a lot of independant OSS enthusiasts - What's being done for these people, and their contributions to the OSS world? What has been done? That's more the questions I was posing.

    4. Re:This raisesa question I have about the GPL! by Doppleganger · · Score: 1

      I think the question is... how many con artists out there are going to take the time to set up an identity that people will buy from, pay the money in bandwidth fees, design all the rest of the stuff that goes into the 'identity' of a software publisher, and then risk it all and much, much more by blatently violating copyright laws. All it takes is for one of the recipients to notice the similarity to cause trouble.

      Have you looked at the penalties for copyright violation lately? Now tack on fraud on top of that.

      You asked how many people have succesfully been sued... the answer is very few, but the reason is that almost every discovered violator has quickly caved in when faced with the penalties of what they're doing.

      As for identifying violations.. the logistics of it become much more reasonable when you realize how few applications of each kind there actually are out there. In your example... there are only so many CAD applications available, and any serious buyer of a CAD program most likely has experience with several.

    5. Re:This raisesa question I have about the GPL! by Piquan · · Score: 1

      Uhm... because the users don't have to be the ones to notice. Only the original author does. And then, bub, you're lookin' at a whole heap of trouble.

      For starters, he'd likely haul you into court, where you get raked over the coals. First, they make you cut it out, possibly before they've decided whether you screwed up or not. They also can take away your warehouse stock if FireWolf is a boxed product, along with your hard drive, CD masters, and whatever else. Next, they take your money. If you've gotten rich selling FireWolf, then they take that. If you haven't yet, then they take up to $30,000-- and that's if you can convince the judge that you didn't mean to do it. But you probably can't pull that off too easily, particuarly after scrubbing all the copyright notices off the About page, docs, etc, so instead we're talking willful violation, then that's up to $150,000. Oh, yeah, plus court costs and attorney's fees.

      And speaking of willful violation, once the civil court's done with you, Uncle Sam can step up to throw you in the clink. Now we're talking up to five years if it's your first time and you sold $2500 worth of FireWolf boxes, ten years if you've pulled these shenanigans before. Sure, that's not applicable if you didn't sell anything-- but then what's the point of making FireWolf? And oh, yeah, didn't you change that about box? In that case, besides what the Firefox fellas got, Uncle Sam does ya for another $4500!

      Now, sure, the figures I named were maximums. You might only get hit with a civil suit for whatever you made off of FireWolf. But even then, you still haven't profited, so what's the point?

      Mind you, I'm not a lawyer, and this isn't legal advice. But it'd sure be enough to keep me from wanting to pull these kinds of tricks.

    6. Re:This raisesa question I have about the GPL! by mindstrm · · Score: 1

      Again, that's not a GPL issue at all, but a straightforward copyright issue.

      How about some column in a magazine? If someone lifts my column I wrote for some obscure magazine, it's still copyright infringement, and I can still go for damages. If it was a small infraction, and really not worth the time.. I'm likely not going to sue.

      Similarly, if someone lifts my code and doesn't abide by the license... it's completely up to ME to decide how to deal with that, and not anyone else.

      Where does this concept of "what's being done for these people" come from? People are responsible for their own actions. Just because you write GPL code and give it away doesn't mean anyone OWES you *ANYTHING* at all. All you can expect is that people follow the license, and that the law protects you if they don't.

      IF someone has their code lifted, and solicits help from the community, I bet they would get it, from the EFF and the community at large. If they don't ASK, then the community and others can't really do anything; it's not their code. If I choose to ignore someone ripping off my code, that's MY business, and not yours.

      If Blender code was lifted to some huge cad program, there would be lawsuits.. but they would be up to the rightsholders to initiate.

  52. Re:This is why I would love /.TV by mlk · · Score: 1

    Woo, reserect Geeks In Space, but video.

    --
    Wow, I should not post when knackered.
  53. Re:It's not stolen code -- by System.out.println() · · Score: 1

    I wish I could mod you (+1, Troll) on this one :-)

  54. Deja Vue? by stevey · · Score: 5, Informative

    The first thing I thought when I read the original /. story was that it sounded like Project David all over again.

    Project David was allegedly an entirely new way of running Windows applications on Linux, covered on slashdot here which was suspiciously similar to the Wine project...

  55. OT: Re:legality by Anonymous Coward · · Score: 0

    it's a random thing, in the past i have had it happen on some installs and not others, the left bar headingsa overlap the main content by a small amount.

    1. Re:OT: Re:legality by Anonymous Coward · · Score: 0

      it's a random thing, in the past i have had it happen on some installs and not others, the left bar headingsa overlap the main content by a small amount.

      It's not just Firefox, I experience it with Mozilla too. Article text bleeds into the left navigation section but usually straightens out after a couple of reloads.

  56. So the real question is ..... by Anonymous Coward · · Score: 0

    Can PearPC run OS X at 80% speed?

    If so, thats the real story -- because I would buy OS X in a heartbeat if I could run it on x86.

    1. Re:So the real question is ..... by toddestan · · Score: 2, Insightful

      Can PearPC run OS X at 80% speed?

      Well, a very nicely equipped PC could probably run OS X 80% as fast as a low end G3. If that's what you meant.

  57. Re:My site was one of the 1st to bring this to lig by graffix_jones · · Score: 1

    The one thing you forgot to cover in your in-depth article is the fact that Apple's EULA strictly prohibits the end user from running MacOS on anything but Apple-branded hardware.

    So I don't think Apple has to worry much about emulators taking what remains of their market share... the actual big selling point about Macs is the fact that it's designed as a whole widget, not hardware vs. software as it is in the PC world.

    When you buy a Mac you buy an 'experience', not just a piece of hardware bundled with some software.

    Until somebody can replicate that then I don't think Apple needs to worry...

  58. Oh, you mean like this...? by ashitaka · · Score: 1

    *cough*Phantom Console*cough*

    --
    If you don't want to repeat the past, stop living in it.
  59. Copyright by microbox · · Score: 1

    The GPL works because of copyright, which in turn requires a name and date. So how can you claim its your work? You'd have to remove/change the copyright names, and that's a breach of copyright.

    While the GPL might not say something about SAYING that it's his... that makes no difference because the authors of the code MUST still appear in the code listings. I'm sure he'd be breaking a whole bunch of different laws by lying anyway.

    IANAL or course!

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:Copyright by AuMatar · · Score: 1

      Copyright doesn't require a name and date. Anything you write is automaticly copyrighted, including this post. I don't need a name and date on it to get the legal protections of copyright. Requirements for name and date went out the window about 2 decades ago.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:Copyright by Anonymous Coward · · Score: 0
      Copyright doesn't require a name and date. Anything you write is automaticly copyrighted, including this post.

      Except of course, when Jon Katz takes your post and puts it in his book and makes money from it.

  60. Um.. by Xyl3ne · · Score: 1

    The PearPC creators should change their license so you can not use the source code without the source being available and have it so you can't claim it's your own work. After that, lets see if CherryOS shuts their doors.

    Or.. take the bastards to court.

    1. Re:Um.. by ryanmfw · · Score: 1

      Uh, that's the GPL dude.

      --
      Hurricane Ivan: A 17th century prison collapsed. All of the inmates escaped.
  61. So much for open source coders stealing code. by vakuona · · Score: 1

    There are no benefits to it whatsoever, as I am sure all these companies have regexes running on the output from google and whatever to locate any whiff of stolen code. But the logic seem to make sense superficially when certain people claim that open source software is full of stolen code.

  62. GPL by Anonymous Coward · · Score: 0

    The "developer" of CherryOS broke the GPL the second he charged people for nothing more than the code that's apparrently been stolen from the PearPC project put on top of some GUI.

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

      Bullshit. You can charge whatever the hell you want for your or other people's binaries under the GPL.

      You can NOT use GPLed work without saying it's GPLed, crediting the original authors, providing the sourcecode (for free or for a minimal fee covering the cost of distribution), and whatever else this Albanian shitsack has failed to do.

  63. Arben Will Become A Bartender After All... by Anonymous Coward · · Score: 0

    Specialty: vodka with crack powder and blue curacao, with a cherry on top.

  64. C'mon now that's like saying nukes vs. IP... by hajihill · · Score: 1

    That is a bit like comparing nuclear weapons stockpiling to patent/IP rights hoarding, isn't it?

    We, here on Slashdot, try to avoid indulging such extreme views.

    --
    Of blankness, I know nothing.
  65. 4 months by Anonymous Coward · · Score: 0

    Ok, this guy claims to have written a mac emulator that runs at 80% native speed, all by himself... in 4 months.

    So it took him 4 months to figure out how to remove the copyrights and compile the code ? :p

  66. GPL is not copyright transfer either by Anonymous Coward · · Score: 0

    From GPL version 2, section 1 talks about verbatim copies saying "you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty". Section 2 talks about distribution of modifications, that must follow section 1 and also three extra conditions. If you modify a file, you are coauthor. When you replace a file 100%, then you can claim 100% copyright and remove the other names without problem. Otherwise I doubt you are legally allowed to claim 100% copyright.

    1. Re:GPL is not copyright transfer either by Shardis · · Score: 1

      People have tried this argument before...

      "But we rewrote all of the code!!!"

      Yeah... whatever, it's still a derivitive work since it's based on the origional. ;)

  67. News organizations ARE clueless by microbox · · Score: 1

    They've got no money to pay for people who know what's going on... copying and pasting a companies press release is cheap.

    Also, they are too afraid of pissing off any advertisers to publish anything "controversial". The more (and larger) advertisers a news organization has, the more chance that a particular story will upset one of the real sources of income. That's why the news on the major cable networks is less than hard hitting.

    Never ascribe to malice what could easily be attributed to incompetence

    --

    Like all pain, suffering is a signal that something isn't right
  68. Re:My site was one of the 1st to bring this to lig by Anonymous Coward · · Score: 0

    What are you talking about?

    You're probably the author or a lackey for Cherry OS.

    I think the guy's story is interesting, don't know if it was one of the first, but the publish date would indicate so.

    There's also an interesting bit about other emulators and the business model that's behind them.

  69. Let's just go find him by Anonymous Coward · · Score: 0

    people.yahoo.com reports him as living in Wailuku, HI. Phone number is (808) 244-7408.

  70. www.cherryos.com gone from the web by Anonymous Coward · · Score: 0

    It seems that there is no longer a DNS entry for www.cherryos.com. The domain record was updated yesterday.

  71. Open Source Developer? by Anonymous Coward · · Score: 0

    What open source software did this guy ever produce? Seems like he's just your common thief, not an OSS developer.

  72. I think he saw the movie by SuperKendall · · Score: 1

    I think he saw this and was scarred for life.

    Or, perhaps it was a directive from his parents. I had a friend whose dad was a geologist, and constantly as a kid his dad was telling us both things like "Become anything, but not a geologist. Turn to male prostitution, but whatever you do do not become a geologist". To this day I'd have to say neiter of us are, in fact, any sort of geologist. In fact my friend works as an engineer on a small boat at sea that's out for months at a time - about as far away from land as you can get.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:I think he saw the movie by Da+Masta · · Score: 1

      I think he saw this and was scarred for life.

      If the thoughts of getting pursued by Gina Gershon and Elizabeth Shue scars anyone perhaps there are much deeper issues invovled?

  73. We were USED! by lilmouse · · Score: 2, Interesting

    Didn't anyone read the original post? Didn't anyone notice? We were USED! He wanted to get slashdotted! He wanted our hits! We were a stress test!

    The "CherryOS" was just a blind to get the /. crowd to hit his servers.

    We've been had.

    That raises the question. Now what?

    --LWM

    1. Re:We were USED! by (startx) · · Score: 1

      Looks like we were stress testing Yet more stolen code. Not PearPC, Not pdf2html, but Ogg Theora's java port.

  74. Name not resolved? by Anonymous Coward · · Score: 0

    Is it me, or does cherryos.com not even resolve anymore?
    If the dude takes down the dns, I bet he is running for cover. Has anyone managed to connect a reliable physical ID to this guy yet?

    1. Re:Name not resolved? by Anonymous Coward · · Score: 0

      I can't resolve the domain either (7:09 PM EST). Guess he knows the jig is up.

  75. Troll? Heh. No really, he is. by Ayanami+Rei · · Score: 1

    Just listen to the guy sleaze and backpedal around his stupidity.

    He tried it once with PDF2HTML, and now he's doing it with PearPC. Anyone wanna bet VX30 is some sort of code ripped out of a university project, or IBM's mpeg4 on java or Fluendo or something? ::shakes head::

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  76. ad placement by Anonymous Coward · · Score: 0

    anyone notice that on the page with his "I don't want to end up a bartender" crack ... is an ad for Absolut?

    touche

  77. The surprise is on us. by Mulletproof · · Score: 3, Insightful

    When did we start modding "I told you so" posts insightful again? Maybe if there was some content, or even a link to an "I told you so" post, but this? BTW, I remember thinking to myself "Wow, the Ge6600 is going to be a great budget graphics card" when I first heard about it.

    Glad to see my expectations were maintained. Mod me up, please.

    --
    You need a FREE iPod Nano
    1. Re:The surprise is on us. by Armchair+Dissident · · Score: 1

      Okay: I told you so ;-)

      --

      The ways of gods are mysteriously indistinguishable from chance.
  78. That's not the way licenses work by Improv · · Score: 1

    If you release something under license X, and people acquire it under that license, then unless you have language saying otherwise, releasing it again under license Y does not affect the people who already have it under license X.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:That's not the way licenses work by Xyl3ne · · Score: 1

      What I mean is, the CherryOS losers won't be able to use any of the newer sourcecode.

  79. It’s surprising what passes for evidence thes by Anonymous Coward · · Score: 0

    What's amusing are these so called 'journalists' at slashdot and wired who are making statements based on CHAT ROOM GOSSIP. It is laughable that these types of 'resources' are being used to concoct an article. And's it's equally amazing that their companies let them post such unfounded information.

    When the trial version comes out the public can make a real judgment. Until then it's all water cooler talk.

  80. Once upon a time.. by Mr2cents · · Score: 4, Insightful

    There once was a time when journalists asked questions instead of quoting press releases..

    --
    "It's too bad that stupidity isn't painful." - Anton LaVey
    1. Re:Once upon a time.. by doublem · · Score: 1

      There once was a time when journalists asked questions instead of quoting press releases..

      LOL

      Oh, that's a good one.

      Read up on how the US got involved in the "Spanish American War" and you'll see a bit on how long the "media" has been spewing whatever it could get away with.

      Truth, research, journalistic integrity, unbiased reporting. These are all notions found in school, never in the real world.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
  81. Mind Tricks by Smiley8410 · · Score: 0, Redundant

    I think this is all an evil subliminal ploy by Del Monte.

    Am I the only one craving a fruit salad after reading the article?

    Next weeks software releases: SysMango with a side of KiwiX.

  82. What I wonder is by wvitXpert · · Score: 2, Insightful

    Assuming that he never actually accepts orders for CherryOS, is he still guilty of infringment?

  83. Another reason why releasing source code is BAD! by Anonymous Coward · · Score: 0

    hehe, code away you free software slaves. Don't worry about feeding yourselves, someone else will PROFIT!

  84. I'd like to thank... by Anonymous Coward · · Score: 0

    Wired for not letting me down. Their half-assed reporting has now made CherryOS look almost legitimate and freeipods.com completely so.

    What happened to journalistic integrity?

  85. I [heart] /. by sczimme · · Score: 4, Insightful


    "I'm very excited about the prospect of monkeys flying out of UrgleHoth's nether eye," said Dr. Dew. "I'm just glad they're not going to fly out of mine."

    Only on /. would a post about nether-monkey-flight be modded to +5, Insightful. That, my friends, is the beauty of free speech.

    /Kidding
    /Or am I?

    --
    I want to drag this out as long as possible. Bring me my protractor.
    1. Re:I [heart] /. by HughsOnFirst · · Score: 5, Insightful

      Only on /. would a post about a post about nether-monkey-flight be modded to +5, Insightful.
      That, my friends, is the beauty of free speech.

    2. Re:I [heart] /. by eam · · Score: 0, Redundant

      Only on /. would a post about a post about a post... ...aw, never mind.

    3. Re:I [heart] /. by Thing+1 · · Score: 5, Insightful

      Only on /. would a post about a post about a post about nether-monkey-flight be modded to +5, Insightful.
      That, my friends, is the beauty of recursion.

      --
      I feel fantastic, and I'm still alive.
    4. Re:I [heart] /. by DakotaK · · Score: 0, Redundant

      Only on /. would a post about a post about a post about a post about a nether-monkey-flight be modded to +5, Insightful. Hooray blatant for karma whoring!

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
    5. Re:I [heart] /. by balster+neb · · Score: 5, Insightful

      Only on /. would a post about a post about a post about a post about nether-monkey-flight and the beauty of recursion be modded to +5, Insightful.
      That, my friends, is the beauty of Slashdot.

      Now mod this insightful, please.

    6. Re:I [heart] /. by Anonymous Coward · · Score: 0

      Nice try asswad.

    7. Re:I [heart] /. by JeremyALogan · · Score: 0, Redundant

      Only on /. would a post about a post about a... aww screw it.

    8. Re:I [heart] /. by shiftless · · Score: 5, Funny

      On on /. would a post about a ... ah fuck it, just give me my free karma!!

    9. Re:I [heart] /. by Sparr0 · · Score: 0, Redundant

      only in soviet russia would a +5 Insightful post post about a post about a post about YOU

    10. Re:I [heart] /. by HaggiZ · · Score: 0, Redundant

      Only on slashdot can karma whoring be considered insightful.

      That my frieds, is the beauty of free speech

    11. Re:I [heart] /. by Anonymous Coward · · Score: 0

      668: Neighbour of the beast.

    12. Re:I [heart] /. by plupster · · Score: 0
      Stack overflow


      Somebody forgot to write a base case?
    13. Re:I [heart] /. by Anonymous Coward · · Score: 0

      Only on /. would a mod begging post about a post about a post about a post about a post about nether-monkey-flight be modded to +5, Insightful.

    14. Re:I [heart] /. by OccidentalSlashy · · Score: 0

      Imagine a Beowulf cluster of those!

      --
      vicious, untreated political sewage...niche entertainment for the spiritually unattractive...worshipless pap
  86. Letter I sent CherryOS last week by davidwr · · Score: 2, Interesting

    My letter to the CherryOS people, dated 5 days ago:

    ----cut here------
    I'm interested in Cherry OS but I need to know how well it stacks up against
    PearPC (http://pearpc.sourceforge.net/ and http://www.pearpc.net/).

    Two questions in particular:

    1) what are the advantages and disadvantages of Cherry OS vs. PearPC? At a
    minimum, I'd expect ease of installation, ease of use, and customer service to
    be higher in a commercial product.
    2) does Cherry OS use any PearPC code?

    The latter is particularly important, because
    1) I need to know if security vulnerabilities are likely to be common to both
    products or are likely to be different.
    2) Using widely-used open-source software in a commercial product is a
    competitive advantage for you, in that bugs are more likely to be found and
    fixed quicker.

    If your product is based on PearPC, please note that, as with Linux, if I find
    I use an open-source program heavily and come to depend on up-to-date
    maintenance, I'm willing to pay for it.

    I do expect that if your product uses any open-source code, you are complying
    with the licenses. In the case of PearPC, this is the GNU Public License, the
    same lincense that made wildly-successful companies like RedHat and SuSE (now
    part of Novell) to earn billions of dollars.

    Oh, congradulations on being Slashdotted. Even though it was a minor
    inconvenience for you, it is a badge of honor.
    ----cut here------
    Well, looks like I gave them the benefit of the doubt and they betrayed me. Sigh.

    Thankfully, it looks like I was wrong about the "minor" inconvenience. The light of day scares the roaches away.

    If only they'd come out and said "PearPC free, technical support and priority bug fixes, $50" that might sell.

    CherryOS is down at the moment, here's Google's Cache. Enjoy.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  87. That's a MLM[oron] by b374 · · Score: 3, Interesting

    This guys even built a 10 levels MLM scheme for that Gaim ripoff... I wonder if the ads would irritate me more or the people trying to convince me to join the MLM...

    1. Re:That's a MLM[oron] by WillerZ · · Score: 1

      It claims to be "The Fastest And Most Powerful Traffic Generating System Ever".

      I thought we already had that here?

      Phil

      --
      I guess today is a passable day to die.
  88. GPL requires source by davidwr · · Score: 1

    The GPL requires you ship the source, including any copyright statements that are there.

    No need to change anything, the GNU lawyers did that work ages ago.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  89. Holy cow! by microbox · · Score: 1

    Is there any requirement for date? How do you know if it's public domain? Are you surpossed to assume that it's copyrighted _unless_ otherwise specified? That doesn't seam to be in the spirit of the law!

    If there's no author listed, does the author need to register the copyright, so that it's still possible to work out who owns what?

    Do you know the reason for why they got rid of the name/date requirements?

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:Holy cow! by AuMatar · · Score: 1

      No, no requirement for date. Everything is copyrighted unless otherwise specified, or you know it isn't (Shakespear is safe, Tolkien isn't, for example). No, you don't need to register copyright- its automatic. Registering creates a useful paper trail though, and allows higher damages IIRC.

      I'm not sure the reasoning for getting rid of them, but it happened at the Berne Copyright Convention. Europe adopted this in 1971, the US in 1989.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:Holy cow! by Minna+Kirai · · Score: 1

      Do you know the reason for why they got rid of the name/date requirements?

      To better match the new spirit of copyright law, which is "forever minus 1 day".

  90. Well, think about it a second... by msimm · · Score: 1

    This is simple copyright violation. So a gross abuse of a GPL product would probably involve someone profiting off it. And then, hopefully, a law suit and monetary damages. Building a business and losing your assets because you violated someones copyright can't be *that* attractive a deal.

    --
    Quack, quack.
  91. This guy is a Serial GPL Violator. by Anonymous Coward · · Score: 0

    http://www.artworxinn.com/alex/arben.htm -- from PearPC Dev Mailing list

  92. how many closed-source PIRATES are there? by h00manist · · Score: 3, Insightful


    this all brings to question: how many closed source companies live only from ripping off open source? hiding the traces, adding some stuff, releasing wondrously written self-serving press releases, where they denigrate open source and claim their own 'ingenuity and briliiance'?

    who's really checking on them?


    ----------------

    --
    Build your own energy sources from scratch. http://otherpower.com/
    1. Re:how many closed-source PIRATES are there? by Anonymous Coward · · Score: 0

      Why aren't you checking on them? It's easy enough to do. Using the same methods! Why are you complaing about it here and not taking some kind of positive action?

      Wait, you're a lazy-ass slashdot poster. I should have realized.

    2. Re:how many closed-source PIRATES are there? by Anonymous Coward · · Score: 0

      You left out "self-important".

  93. This sort of thing has been happening for awhile. by Anonymous Coward · · Score: 0

    I'm reminded of the situation with medievia in the MUD community. Someone built a MUD using code that was restricted by a license, then claimed that the whole thing had been rewritten so that the license no longer applies. His code was leaked and shown to have a good portion of the original code intact, yet he continues to deny this and keeps breaking the license. Maybe someone on slashdot knows how to rectify the situation?

  94. Woah Woah Woah by yaddayaddayadda · · Score: 1

    You're using the term "developer" pretty lightly there big fella.

  95. Just read from the PearPC devel list... by Boltronics · · Score: 2, Informative
    "EIN GEBUESCH" apparently shows up during the CherryOS 1.0 MacOS X boot process. Sebastian Biallas (lead PearPC developer) confirmed that this was a made-up name used by him to describe the emulated hard disk model. It has been used in PearPC for at least a year, and is probably considered the most significant evidence to date of CherryOS being PearPC repackaged.

    FYI, in the same thread Alex Crouzen writes:
    AFAIK it's a reference to "A Shrubbery!" from the Monty Python movie The Quest for the Holy Grail.

    --
    It's GNU/Linux dammit!
  96. Exaggeration by Pan+T.+Hose · · Score: 2, Funny

    This two programs are completely different. I think you are all comparing pears to cherries.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  97. MacWorld response? by k98sven · · Score: 1

    Now that this seems to have been quite thoroughly debunked...

    Will MacWorld and the other sites which reported on CherryOS do the Right Thing and pull the story?

    Or perhaps even better, do a new story on PearPC instead and give the guys who do deserve credit some.

  98. You are exaggerating by Pan+T.+Hose · · Score: 1

    "The first day, all that was left online were two videos, one of which was subsequently removed because of PearPC-specific strings in the boot process shown in the video..." Heh. If they can't even cover their tracks THIS BAD, no wonder they got catched

    Oh, come on! The guy has changed the name from Pear to Cherry, hasn't he? Who would've thought that was not enough and anyone would ever interconnect those two projects?

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  99. Parent was not Offtopic by Colazar · · Score: 2, Informative
    Bing is a variety of cherry.

    --
    He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
  100. MOD PARENT UP by Anonymous Coward · · Score: 0

    He gets to make a cheap prototype to dazzle his investors, then dash without ever facing the GPL issue.

  101. Freudian? by infinite9 · · Score: 1

    When I'm thinking of variable names my mind often turns to thoughts of Spiro Agnew.

    You are aware that "Spiro Agnew" is an anagram for "Grow a Penis" aren't you?

    --
    Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
  102. No difference with unattributed samples by Flexagon · · Score: 1

    Downloaders don't pass the music/movies off as their own work.

    But samplers who use without attribution or payment sure do. It's exactly the same.

    1. Re:No difference with unattributed samples by dougmc · · Score: 1
      But samplers who use without attribution or payment sure do. It's exactly the same. Not quite. Samplers use only a tiny part of the original work, and it's original source is usually obvious to anybody who's heard the original song. (I assume you're talking about sampling other songs in new songs.)

      I believe it's been decided in the courts that sampling does require permission (and it could have gone the other way too, as sampling could have been seen as fair use), but it's hardly `exactly the same'.

    2. Re:No difference with unattributed samples by Anonymous Coward · · Score: 0
      Samplers use only a tiny part of the original work, and it's original source is usually obvious to anybody who's heard the original song.

      Dude that is EXACTLY the case in which you are SUPPOSED to give credit and attribution. Samples who don't give credit or pay royalties are just as big a bunch of thieves as Bloom.

    3. Re:No difference with unattributed samples by Anonymous Coward · · Score: 0

      Samples who don't give credit or pay royalties are just as big a bunch of thieves as Bloom.

      You mean not a thief in any way whatsoever? Have you not been reading this thread?

    4. Re:No difference with unattributed samples by Flexagon · · Score: 1

      I believe it's been decided in the courts that sampling does require permission...

      That's exactly my point. It's exactly the same.

      ... (and it could have gone the other way too, as sampling could have been seen as fair use)

      That's a meaningless statement, because the decision didn't go the other way. It's like sports announcers yelling "Almost a great play!". The ball was dropped and it wasn't a great play.

      Samplers use only a tiny part of the original work, ...

      Again, the court ruled otherwise, that size doesn't matter. You can't be just a little bit pregnant.

      ... and it's original source is usually obvious to anybody who's heard the original song.

      Again, the court ruled otherwise. The samplers specifically argued that much of their work totally obfuscates the original, sampled work (just as some coders have attempted, bringing this back on-topic), but that's still not good enough. It's still clearly a derivative work, the perps were passing it off as their own, and they were making money from it. Leaving the original source obvious doesn't make it less of a violation, either.

      You can't be righteously indignant about one but not the other (sampling code versus audio).

  103. There's more than one way to name a variable by Specks · · Score: 5, Interesting
    Wired - Sebastian Ballas, PearPC's lead developer, said a screenshot of CherryOS shows a variable named "SPIRO MULTIMAX 3000," a nonsensical term Ballas claims to have invented for use in PearPC.

    "It is absolutely unlikely that someone uses exactly this name for the same purpose," he said. "The way he (Kryeziu) is lying is making me angry."

    When told that variables with the same names had been found in both CherryOS and PearPC, Kryeziu said programming logic often leads to variables and functions with similar, or identical, names. "There are some functionalities that can only be done a certain way," he (Arben) said. "Names are going to be similar or identical because there are only certain ways to do things."
    Arben should be in politics. He went around that accusation with the deftness of a Senator. There's more than one way to name a variable and its doubtfull that he could have come up with the same "nonsensical" term as Ballas did for the same thing. This alone makes it obvious that the code in CherryOS was taken from PearOS. Now that Arben has been alerted to the fact that everyone knows he'll probably chenge the names of the functions. It's easy for someone to change the function names in a program, its called search and replace.

    --
    Specks
    Batteries not included
    1. Re:There's more than one way to name a variable by Anonymous Coward · · Score: 1, Insightful

      Now that Arben has been alerted to the fact that everyone knows he'll probably chenge the names of the functions. It's easy for someone to change the function names in a program, its called search and replace.

      Don't be too sure.. the guy is a lazy untalented bastard, otherwise he wouldn't have even tried in the first place.

      But yeah, you can change the variable names and so on, but he'd have to change quite a lot of them.. and in the end, it wouldn't matter anyway.

      Firstly, the evidence is there, and everyone is watching him now. Secondly, there ARE other ways to compare code (even binary) than to look for oddly-named strings. But obviously this guy was too lazy to even remove the most obvious evidence.

      I think we're about to witness a very quiet disappearance.

  104. MXS - SCO Link? by atlantis191 · · Score: 2, Insightful

    The link between MXS and SCO is uncanny. They both are 1. Acronym Companies 2. Making accusations that they can't back up 3. Deny lying 4. Have been proven lying 5. Have a front man (McBride and Kryeziu)

  105. Lot of Open Source Rip-offs by Anonymous Coward · · Score: 0

    please mod up.

    Lot of open source projects are being ripped off.

    Go here and tell me how many projects you recognize?

    http://www.software995.com/

    Rip-offs of:
    Image magic
    GIMP
    Ghostscript

    and others...

  106. Metaphor by SuperKendall · · Score: 1

    Well, isn't that as valid a metaphor as any for the process of software creation? :-)

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Metaphor by Ohreally_factor · · Score: 1

      Except if you don't have that itch, how are you going to scratch it?

      --
      It's not offtopic, dumbass. It's orthogonal.
  107. "Way slow" by Trejkaz · · Score: 4, Funny

    Favourite quote (paraphrased?) from a recent article: "Cherry OS is nothing like PearPC. PearPC is way slow."

    --
    Karma: It's all a bunch of tree-huggin' hippy crap!
  108. Re:Frosty Piss by Anonymous Coward · · Score: 0, Offtopic



    ROFLMAO!!! You forgot to check the Post Anonymously checkbox! Lamer!!! LOL!!1!

    .

  109. Spiro by Anonymous Coward · · Score: 0

    Spiro often refers to spironolactone, a diuretic drug with the well-known side effect of inhibiting testosterone.

    "Grow a penis", heh, not likely...

  110. OWNED! by paulius_g · · Score: 0

    I think someone got pwned!

    But seriously, I wanted CherryOS to be true. But yet again, way too good things don't tend to happen!

  111. anyone know if vx30 is also crap??? by g_braad · · Score: 1

    From what i read, everything reated to this albanian guy and kartes is hoax or infringed code. what about this vx30?!?!? anyone recognize it is their code or from a familiar project on probably sf.net? i am curious...

    --
    F/OSS & IT Consultant
  112. Sorry? by Anonymous Coward · · Score: 0

    You're not sorry to whore your site. You bitched, whined and complained when Maccentral was finally formally absorbed into Macworld and your so called hard earned posts would disappear from the public eye (taking the link to your website with them). You're such a dipshit.

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

      wow an anonymous using nasty language and being disrespectful and offtopic ... is that the defintion of a troll?

      Why don't you email the guy and resolve it instead of waste our reading your diatribe?

    2. Re:Sorry? by Anonymous Coward · · Score: 0

      Email the guy? Why? So he can bitch some more about how he earned that visibility?

      I'm pointing out the fact that the mods have stupidly modded up a post plugging a site by the guy that owns the site and makes a business out of plugging his shit all over the place. He's not contributing to the discussion, he's just trying to drive traffic to his own site.

      Here's his game plan:
      Write a poorly written article on something.
      Go to every site with an article on the same thing that has a discussion area and plug his own shit.

      He's trying to suck free advertising out of Slashdot and he's not even trying to hide it.

      It's totally relevant to the post whether you like it or not.

  113. Let's make sure I've got this straight by Cereal+Box · · Score: 4, Insightful
    OK, let's see if I can keep my Slashdot double standards straight here:

    1. Digital information, such as music and movie files, are nothing but a sequence of bits that can be infinitely reproduced without degradation. Therefore, you can't "steal" said files, only duplicate them. No one gets hurt, right?
    2. Source code is nothing but a sequence of bits that can be infinitely reproduced without degradation, so you can't "steal" source code either, right?


    It's funny that point number two is just as true as point number one, but everyone on Slashdot seems to forget that when someone "steals" open source code. Well, I say if the music companies get no sympathy for people "stealing" their music, then open source coders deserve no sympathy for people "stealing" their code. "Get a better business model", right?
    1. Re:Let's make sure I've got this straight by borgheron · · Score: 2, Interesting

      Not everyone on slashdot is a pirate and only the most extreme hold the position you mentioned (the "music is just a stream of bits..." position).

      I, for instance, am a free software developer and I hate it when people pirate music. Because it makes us all look bad and opens the door for overgeneralizing people, like yourself, who want to view the world in shades of black and white.

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
    2. Re:Let's make sure I've got this straight by B0mbtruck · · Score: 2, Insightful

      This Arben dude took something that was free (as in beer as well as in speech) and tried/tries to sell it, claiming that he created it, when clearly he didn't.

      I don't see any of the Slashdot geeks claiming they sung "Hit me baby, one more time" or claim to be The Boss and make money off of them.

      By the way, nice try Arben. Too bad your strawman burnt so fast ...

    3. Re:Let's make sure I've got this straight by balster+neb · · Score: 2, Insightful

      No, there's a major difference. This CherryOS guy is claiming credit for someone else's work.

      The so called music and movie pirates redistribute data in violation of the license, but do not claim that it is their own work.

      In addition, he's actually trying to profit from it, which makes him different from those who share CD-ripped MP3s on Kazaa.

    4. Re:Let's make sure I've got this straight by Cili · · Score: 1
      Source code is nothing but a sequence of bits that can be infinitely reproduced without degradation, so you can't "steal" source code either, right?
      We don't give a fuck about merely *copying* and *using* open-source software. THAT'S WHAT IT WAS BUILT FOR IN THE FORST PLACE. But actually distributing said software as your own creation is plain wrong.
      It's not like the RIAA/MPAA pirates are redistributing mp3's and selling them as their own creation ("hey, this is me Crying a River").
    5. Re:Let's make sure I've got this straight by Cereal+Box · · Score: 1

      No, there's a major difference. This CherryOS guy is claiming credit for someone else's work.

      Oh, I see. So that's why Slashdotters get all up in arms about products that use GPL code (and admit it), but don't make the source available? I mean, it's not like they're passing it off as their own code...

    6. Re:Let's make sure I've got this straight by Cereal+Box · · Score: 1

      We don't give a fuck about merely *copying* and *using* open-source software.

      I see. So everyone would be OK with the guy saying, in fine print, "CherryOS is based off of PearPC and was written by ...", right?

    7. Re:Let's make sure I've got this straight by Cereal+Box · · Score: 1

      By the way, nice try Arben.

      Are you kidding me? Are you trying to say I'm the CherryOS guy?

    8. Re:Let's make sure I've got this straight by Anonymous Coward · · Score: 0

      He would have to also provide the source licenced under the GPL to anyone with a binary of CherryOS.

    9. Re:Let's make sure I've got this straight by Cereal+Box · · Score: 1

      No, that shouldn't matter. Pirates don't provide music companies with money (as per the licensing agreements), so I don't see why the CherryOS guy should have to provide the source. He's not plagarizing anymore, I thought that was enough to satisfy you Slashdotters?

  114. Re:My site was one of the 1st to bring this to lig by drinkypoo · · Score: 1

    How is Arben downloading PearPC even significant without this particular revelation? If I were having a problem and needed a solution, and I found out about a possible solution, I'd download it to see if I actually needed to write my own solution, or if what was out there was good enough. If I were in the middle of a project and discovered a competing project I'd want to see whose was better. 'Tis well thou art not fish; if thou hadst, thou hadst been poor-John.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  115. If it had been licensed under BSD, then.... by borgheron · · Score: 1

    we couldn't do a thing about it since the BSD license doesn't protect the freedom of the software and your freedom to have access to any modified versions of the source you contributed.

    Thank goodness it's under the superior GPL license.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  116. That's great and all.. by Ayanami+Rei · · Score: 2, Insightful

    But ghost's functionality is NOT a difficult concept for any Unix. I mean, it's all UI and calling commands like fdisk, dd, gzip, etc.

    Why do you even need a program? Just tell someone to boot off a rescue CD and use DHCP, dd over the network to a server, what's the big deal?

    Mountain out of a molehill.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:That's great and all.. by hubertf · · Score: 2, Insightful

      ... yet aparently some people can't rewrite it from scratch, but have to copy it. And if they don't give proper attribution then, that's bad, lame, and against the rules.

      - Hubert

  117. Jack? Is that you? by Ohreally_factor · · Score: 1

    If you're not Jack, you're now guilty of plagiarism. =)

    --
    It's not offtopic, dumbass. It's orthogonal.
  118. It's probably the IBM stuff... by Ayanami+Rei · · Score: 1

    The IBM stuff comes as an SDK/dev kit he could wrap or configure to make it look like his own technology.
    The vxmPlayer JAR is stripped of all identifiable text or symbols.
    But the performance and quality suggests the IBM tech demo using an H263 stream.
    I can't easily verify the stream either: the player takes a parameter which contains a URL which is encoded somehow (probably with a key within the player itself)... and I'm too lazy right now to set up ethereal and capture it on the fly....

    Someone else wanna try and see?

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  119. Question for the Slashdot crowd by Anonymous Coward · · Score: 2, Insightful

    So, we're all up in arms because some guy stole GPL code (note the use of the word "taken" and "stole" used throughout the article and discussion).

    And yet, this attitude magically disappears in an MP3 or movie piracy article? Suddenly, THAT kind of piracy isn't "theft?" Honestly, what's the difference? In both cases, someone else's copyrighted materials are taken and used for their own purposes.

    I don't get the Slashdot double standard. Copyright only ever matters when some person's GPL code gets taken. Then, all the sudden people have morals. If you pirate movies and music, would you get up in arms if someone took your GPL code and did what they wanted without giving you credit? Would you realize how much of a hypocrite you'd be if you did?

    1. Re:Question for the Slashdot crowd by Per+Wigren · · Score: 2, Insightful

      Stealing GPL code is taking from the poor and giving to the rich. Reverse Robin Hood. Simple as that.

      --
      My other account has a 3-digit UID.
    2. Re:Question for the Slashdot crowd by jonbrewer · · Score: 4, Insightful

      And yet, this attitude magically disappears in an MP3 or movie piracy article? Suddenly, THAT kind of piracy isn't "theft?" Honestly, what's the difference?

      Easy. Piracy is different when you start selling pirated works online. I have no idea about the legal differences, but the moral implications are pretty clear to me.

    3. Re:Question for the Slashdot crowd by mpe · · Score: 4, Interesting

      So, we're all up in arms because some guy stole GPL code (note the use of the word "taken" and "stole" used throughout the article and discussion).

      Probably because the person involved is a commercial pirate. In other words they are selling someone elses copyrighted work without permission.
      And yet, this attitude magically disappears in an MP3 or movie piracy article? Suddenly, THAT kind of piracy isn't "theft?"

      Typically these copies are not being sold.

      Honestly, what's the difference? In both cases, someone else's copyrighted materials are taken and used for their own purposes.

      the difference between pure copyright infringement and copyright infringement plus making money from the infringement.

    4. Re:Question for the Slashdot crowd by BorgDrone · · Score: 3, Informative

      And yet, this attitude magically disappears in an MP3 or movie piracy article? Suddenly, THAT kind of piracy isn't "theft?"

      The difference is, if I rip the newest britney spears CD (purely hypothetical example) and put it on the internet, I don't claim I was the artist.

    5. Re:Question for the Slashdot crowd by antoy · · Score: 1

      Considering that the product was freely available to rich and poor alike , it's more like charging for air. A plain old scam in other words.

    6. Re:Question for the Slashdot crowd by torstenvl · · Score: 0

      It's not a double-standard. It's applying copyright law the way it was meant to. Britney doesn't write her own songs. She's just a performer. The RIAA doesn't write them either. Last I knew, natural talent (let's not go off on this tangent, ok?) isn't an intellectual exercise. There are some pretty damn smart people who can't sing, and some fscking stupid ones who can. Music isn't intellectual property unless you're the musical genius who knows how to compose and score complicated works.

      Programming on the other hand definitely requires a certain amount of cognitive exercise.

    7. Re:Question for the Slashdot crowd by Lars+T. · · Score: 1

      But stealing from "the Rich" and keeping for yourself isn't Robin Hood at all.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    8. Re:Question for the Slashdot crowd by maxwell+demon · · Score: 4, Insightful

      The most obvious difference is that this is not just unauthorized copy (i.e. "piracy"), but actually plagiarism. I don't think any open source or free software advocate would defend plagiarism.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    9. Re:Question for the Slashdot crowd by hesiod · · Score: 1

      > stealing from "the Rich" and keeping for yourself isn't Robin Hood at all.

      Not unless you then share that file with others, ala P2P. Yeah, it's a big stretch, but a possible argument.

    10. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      Piracy is different when you start selling pirated works online.

      So? In either case, the rights, permissions, and desires of the person who worked hard to create whatever it is are trampled underfoot.

      Would a bank robbery be "different" if the theives merely flushed the money down the toilet rather than spending it?

    11. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      Probably because the person involved is a commercial pirate.

      Actually, many of the /. groupthink posters rant and rave about how great allofmp3.com are, which is a blatantly commercial and exploitative enterprise.

      In other words they are selling someone elses copyrighted work without permission.

      So, as long as you don't profit from something, it's OK to do whatever you want without someone else's permission? Cool. So therefore, it would be acceptable to go to a store and take an item, and leave behind exactly wholesale cost, right? The store isn't loosing any money, and so long as I use the product myself, no one's hurt.

      the difference between pure copyright infringement and copyright infringement plus making money from the infringement.

      Not to the person who created the product, it isn't. In both cases, they're being taken advantage of.

    12. Re:Question for the Slashdot crowd by jschottm · · Score: 3, Funny

      I can tell you're not a performer. There's a different than natural talent and being a good performer. Being an entertainer of Britney's level takes years of expensive lessons, hours of daily practice. I think her act is tripe, but I can respect the amount of effort she's put into herself.

      Programming on the other hand definitely requires a certain amount of cognitive exercise.

      Most programmers on the other hand, would be lost without standing on the backs of others - you say Britney can't write her own songs? Could you write your own compiler and libraries?

    13. Re:Question for the Slashdot crowd by rspress · · Score: 1

      Microsoft has been stealing code for years. The problem is that don't know how to use it properly.

      Also as others have stated when you sell the pirated material then the equation changes. It does makes some convoluted sense. Stealing is stealing but stealing for profit does make you a much scummier person.

    14. Re:Question for the Slashdot crowd by aster_ken · · Score: 1

      You're still viewing copyrighted works as "hard" property. What you should really be asking is:

      Would a bank robbery be "different" if they ran into the bank and faithfully reproduced each bank note there and then went out and...?

      You get the picture. Copyright infringement *DOES NOT DENY* the use of the work to the original owner. It merely creates a new copy that is not distributed in a manner agreeable to the originator.

    15. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      OK, so would going into a shop and taking something and leaving behind the exact amount that the store paid for it be acceptable to you? After all, they could replace it at cost, so it would merely be distributing the item in a manner not agreeable to them, correct?

      Would you mind if complete strangers used your computer when you weren't?

      Copyright infringement denies the creator's the ability to earn a living (or distribute their work as they choose in the case of GPLed software), which is a very important thing in a civilized society. Virtually everything created and sold is based on the fact that labour is what creates the value, whether or not it is physical. My uncles sell corn, beans, and grains at an astronomical markup compared to what they pay for the seeds and the chemicals used on them. What gives their crops value is the time spent planting, caring for, harvesting, transporting, and selling them.

      Physical objects aside, taking away someone's source of income because you just don't feel like paying for it is a pretty crummy thing to do. The slashdot crowd is largely safe because very little of them create anything that has value to anyone outside of the company they work for. I don't have to worry about having my code stolen, because it's boring business application stuff that's custom designed around our exact needs.

      I see you post with dislike for outsourcing and the destruction of IT jobs. Is it different when it's your job being destroyed? And if you favour allowing faithful (but unpaid) reproductions, would you mind sending me a PDF of your childrens' books?

      Good luck with physics. I'm not being smarmy, but the majority of the people I know with physics degrees ended up as sysadmins.

    16. Re:Question for the Slashdot crowd by iminplaya · · Score: 2, Interesting

      Copyright infringement denies the creator's the ability to earn a living...

      Copyright itself has done more to deny a creator the ability to earn a living. It has given publishers too much power over distribution. It is being used to criminalize the very tools creators need to distribute their works cheaply. It is being used to keep other tools out of reach by making them needlessly expensive. Copyright is not about creators. It's about publishers. Creators are being duped into taking up the fight for the publishers. One reason might be because they(creators) think that they can't make their living without the publishers(distributors). Creators should be more careful with the contracts they sign.

      --
      What?
    17. Re:Question for the Slashdot crowd by Paradise+Pete · · Score: 1
      OK, so would going into a shop and taking something and leaving behind the exact amount that the store paid for it be acceptable to you?

      A poor analogy. So poor, in fact, that I have to wonder if you are being intentionally misleading. The only way to make your analogy work is to say "Woul it be ok to go into a shop and make a copy of something, leaving behind the item you copied."

    18. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      No, because my analogy specifically includes the fact that someone who has put work into something has been deprived of their value-added-content, while yours doesn't. Someone at that store (or wholesaler or distributor; whoever) has intentionally made the effort to purchase the item in the first place, and to make sure that it's been placed on the shelves. That's effort.

      Writing, performing, recording music, that's effort too.

    19. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      So what, are you going to parrot the usual line that screwing over the artists is OK, because it helps bring down the big nasty publishers that you hate so much?

      Do you think that the tales of "abuse" by distributors is new? Have you not heard the hundreds, thousands of songs bitching about record companies that have been recorded since the 60s? 50s? And yet, bands keep signing contracts... have you considered that there might be more to the business than you know about (I work in the music industry, most for small indy bands, though I have multi-grammy and platinum winning clients - what's your background)? Does it strike you as funny that Courtney Love only complains about record lables AFTER they spent millions of dollars making her a pop star rather than some drugged out widow of a rock star? Hmm...

      I have friends who have gone from selling $500,000 profit worth of CDs per release to signing with record labels. (See my history for more details, I'm tired of typing it again and again.) Having heard all the songs/interviews whining about record labels, they do this of their own free will. Think they might know more than you do?

      Remember how Steven King, one of the great pop writers of our lifespan, started an online experement with self publishing and gave it up as not-worthwhile, going back to the publishing industry? He's free to write his own contracts with them at this point; why would he go back to them if they didn't offer an advantage to the virtually free publishing that the internet offers?

      P.S. If copywrite is so wrong, what have *you* offered to the public? Do you give anything back, or do you just take from others?

    20. Re:Question for the Slashdot crowd by aster_ken · · Score: 1

      I'm coming off of the sysadmin route, so if that's what it comes down to then so be it. And to preface this comment... I'm super tired. If it doesn't make sense (I really tried) then ignore me, k?

      I'm not taking the stance that copyright infringement is okay. I'm only saying that it is not *theft*. Your counter-example is not quite right, either, because you're still denying the use of the product to the original owner. Unless you're stealing money and paying what the money was paid for... That just doesn't sound right, you know what I mean.

      If someone goes into McAfee's building and *steals* the hard disc drives and tapes and other backup sources for their anti-virus software code then it has been *stolen*. If someone just copies it then it has been *infringed* because it *does not* deny McAfee the use of that code. McAfee still retains the code. The infringer just has an illegal *copy*.

      I'm not saying that infringement is right. It is illegal, and it should be punished. I am saying that infringement is *not theft* simply because it does not deny the use of the original work to the original owner.

      And just for the record: I do not pirate music, movies, or software over peer-to-peer networks (or at all, for that matter). I *do* only buy music from non-RIAA-affiliated artists or used so the RIAA doesn't get a share. I *do* only buy movies that are non-MPAA-affiliated or used so the MPAA doesn't get a share. I *do* mostly use Free and Open Source Software to accomplish my work. I *do* donate money and sometimes code and technical writing skills to many (though not all) of those projects.

    21. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      [snip - logical stuff adknowledged, there's no sense in bickering over whose definition of theft is correct]

      I *do* only buy music from non-RIAA-affiliated artists or used so the RIAA doesn't get a share.

      If you're interested, here's a few that I recommend:

      Homunculus I had the priviledge of working with these guys 5 or 6 years ago, and am still raving about them. Their album, The Pulse of Directed Devotion, is amoung my all time bests. A mix of jazz, rock, and whatever grabs their attention. If you buy it and don't like it, I'll buy it from you.

      The Elastic Purejoy - Dave Allen of Gang of Four fame's solo project. His self titled album is again, one of my truly meaningful ones. And again, many different styles. Harsh rock, Eno and Sabedoh covers, semi-Pinkfloydish. Covers a lot of bases.

      Sky Cries Mary - Started out on Dave Allen's label. Neo-psychodelia at some of it's finest. The best of their indy releases was This Timeless Turning, which features an [to me] absolutely amazing piece that weaves around a recording of a baby crying that never ceases to amaze me. Some of their earlier stuff is likewise amazing - I love the song Rain (and other earlier stuff is downright painful). If you can stomach an RIAA released album, their one and only major label CD Moonbathing on Sleeping Leaves is fantastic, if you compare it with TTT, you can see that big label money does in fact make a huge difference.

      Wolgemut - This is a fantastic group of early (~14th century) German Bagpipers. You can find their albums, of which I believe Danza is the best, on a few websites. Far different than Scottish pipes, and some gorgeous anchient songs.

      On the other hand (just glancing at my at-work stack of CDs, RIAA labels have brought me Jeff and Tim Buckley, Big Head Todd and the Monsters, Tori Amos, Leonard Cohen, Brian Eno, Lou Reed, The Velvet Underground, The Rapture, Crowded House/Neil and Tim Finn, James, the Waterboys, Black 47, Flogging Molly... All have written and performed music that means the world to me, and without the support of major labels, few, if any, would have become popular or been able to make the music that means so much to me.

    22. Re:Question for the Slashdot crowd by Paradise+Pete · · Score: 1
      purchase the item in the first place, and to make sure that it's been placed on the shelves. That's effort. Writing, performing, recording music, that's effort too.

      Yes, but in your analogy, they have to go purchase the item again. Until they do they can't benefit from anyone. In the second case, they don't have to write, perform, or record it again, and can still benefit from the effort. So they are simply not the same. And no matter what hammer you use, you can't pound the copyright infringement peg into the theft hole.

      But I am not saying that I think infringement is ok. I don't. But it's not stealing.

    23. Re:Question for the Slashdot crowd by Anonymous Coward · · Score: 0

      Actually, I am a performer, in a symphonic band. I'm from Interlochen. Perhaps you've heard of it?

      I never said that performance didn't require effort. It, however, certainly does not constitute intellectual property.

      Compiler? Probably. In computational linguistics we parse subsets of natural language, so I don't see why removing the complexity of overt case marking and conjugation and other inflectional morphology, as well as more complicated syntax, would be a problem.

      The moderation of the above two comments is disdainful.

    24. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      I'd find what you have to say entirely more interesting if I'd ever used the term steal or theft regarding intellectual property. The only place I used either term was in my example of what *isn't* a worry.

    25. Re:Question for the Slashdot crowd by danielsfca2 · · Score: 1

      Okay, there is a big difference between swiping a Metallica song off Gnutella and listening to it, or playing it for your friends--and swiping someone's work, sellilng it, and attempting to pass it off as your own damn work!

      Maybe you should compare this CherryOS thing to someone downloading music off P2P and then going on tour "performing" that music and claiming it's your own. That's what this is like here.

    26. Re:Question for the Slashdot crowd by iminplaya · · Score: 1

      Having heard all the songs/interviews whining about record labels, they do this of their own free will...

      Battered women frequently return to their battering husbands/boyfreinds. They don't know how to deal without them. We constantly re-elect the same corrupt politicians over and over.

      Does it strike you as funny that Courtney Love only complains about record lables AFTER they spent millions of dollars making her a pop star rather than some drugged out widow of a rock star? Hmm...

      Did you ever think that it might be part of the show? It certainly attracts attention, and probably many dollars to her and the labels. This stuff is as scripted as professional wrestling. It means nothing to me, and I certainly have no sympathy for people who sign up with slimeball lounge lizards in hopes of an early retirement.

      Seeing that you measure accomplishment in "Grammys" and "Platinums" and "$500,000 profit worth of CDs", I can see that you're hooked on the status quo and are doing what you can to sustain it. But the end is coming, and I say good riddance! I will do what I can to hasten it, and if it comes one day sooner because of something I did, then I will consider that an accomplishment worth "writing home to mom" about. Look for another way to sell your work. The copyright gravy train is running out of track.

      --
      What?
    27. Re:Question for the Slashdot crowd by Siniset · · Score: 1

      i think one thing that frustrates people is they seperate tech jobs from entertainment jobs. Many people think that entertainment jobs aren't as important as tech jobs. Tech jobs add something tangeble to the economy, while entertainment jobs are there only to entertain us. It just doesn't seem as vital as a tech job. I see all the sides of this argument, but irregardless, the yankees lost.

    28. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      Just for the record, what have you contributed to this brave new world of yours? Or are you merely a consumer?

    29. Re:Question for the Slashdot crowd by iminplaya · · Score: 1

      I don't think I'm getting paid for my good looks, so I must be contributing something...Just for the record, of course.

      --
      What?
    30. Re:Question for the Slashdot crowd by Paradise+Pete · · Score: 1

      So you conveniently ignore the rest of it?

    31. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      I don't think I'm getting paid for my good looks, so I must be contributing something.

      So in other words, no, you aren't contributing anything.

      Wow. Ugly and stupid. You must have done poorly in the cosmic lottery.

    32. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      We don't see eye to eye (which is not to say that either of us are necessarily wrong), so there's not much point in going back in forth. But if you insist:

      My point and my analogy has nothing to do with physical ownership. It's pretty simple. Remove the financial incentive to do something and most people will stop. Got it?

      My point is that whining "but I'm not hurting anyone because I would have never bought it anyway so they're not actually losing money" is a stupid copout.

      My point is that a very large part of our economy is based entirely around adding value through effort rather than actually producing something physical and that destroying people's incomes by devaluing that work is both wrong and dangerous.

      There is no perfect analogy, because by definition, an analogy shows some kind of similarity between things that are dissimilar. If they were exactly identical, it would not be an analogy. Jesus made an anlogy of his disciples with fishermen by calling them fishers of men, but they didn't start throwing baited hooks at people, nor were the people, in fact, fish, so therefore they couldn't actually be fishers, could they? Why don't you go complain at him about his broken analogy for a while?

      Go look up the definition of analog and analogy. If I were to take a can of pasta sauce from my local grocery store and left behind their cost, it really wouldn't add much work. They stock enough that they are extremely unlikely to run out so they are unlikely to lose a sale due to my described action. They take stock and reorder on a regular basis regardless of my described action, so it doesn't actually add much work there. But nonetheless, if what I described were legal, there wouldn't be stores.

    33. Re:Question for the Slashdot crowd by Paradise+Pete · · Score: 1
      Go look up the definition of analog and analogy.

      I know what an analogy is. To use your smart ass phrasing, perhaps you should look up the definition of flawed. And I explained why it's flawed. And so instead of conceding that it was not apt, you try to minimize the difference by making the item a can of sauce. But that does not change the fact that the two acts are, in the end, not analogous.

      This does not mean that I think copyright infringement does not ever cause harm. But let me propose a scenario of my own. Suppose you see, oh, a fancy car that you'd really like to have. And I hand you a magic wand that will, when you wave it, make a new car magically appear for you. The car will not be taken from anyone. It'll be a new one created out of thin air. Do you wave the wand? If so, you've done the same thing as downloading a song.

    34. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      when you wave it, make a new car magically appear for you. The car will not be taken from anyone. It'll be a new one created out of thin air.

      If such a wand existed, would Ford, Toyota, etc. cease to make cars? That is my point and has been the entire time, despite your rambling about physical objects.

    35. Re:Question for the Slashdot crowd by jschottm · · Score: 1

      [And just because I'm bored while huge files are copying]

      Your criticism of my analogy is also flawed, because it fails to adknowledge the cost of making a quality recording. If the artist is counting on recouping that expense by selling copies of it, then they are taking a financial hit if people make unpaid copies. And unless you've ever used a U47 or an LA2A, don't tell me that great recordings don't have to be expensive because anyone can make one in their bedroom.

      Do you wave the wand? If so, you've done the same thing as downloading a song.

      Talk about flawed analogies. Very few people own a large number of cars. A handful of people might own three cars per person, and an even smaller number own tens or hundreds of cars. By contrast, virtually every seeks out a wide variety of entertainment media because they are inherantly different in how we use and consume them. I have approximately 27,000 songs in various formats and perhaps 1500 books. I have one car. I may from time to time wish I had a different car or perhaps a "fun" car to go along with my dumpy station wagon, but I have never wanted to have even 10 cars.

      Because of this demand from consumers, the nature of creating cars and music (or movies or video games or whatever) are entirely different.

    36. Re:Question for the Slashdot crowd by Paradise+Pete · · Score: 1

      I see I am wasting my time discussing this with you, so I will stop now.

  120. It doesn't matter, because of pirates by Anonymous Coward · · Score: 0

    If you guys, the Slashdot crowd, are going to argue that it's "okay" to download copyrighted materials on P2P networks and argue against copyrights, you also have to allow for others taking copyrighted GPL works since to do otherwise would be hypocritical.

    All's fair.

  121. Title !7 - Criminal Infringement by westlake · · Score: 1
    Title 17 Chapter 5 US Code

    506. Criminal offenses

    Release date: 2004-04-30

    (a) Criminal Infringement.-- Any person who infringes a copyright willfully either--
    (1) for purposes of commercial advantage or private financial gain, or
    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement U.S. Code, Title 17 Criminal offenses

    in other legal news, a thief does not escape prosecution for grand theft auto by giving away his stolen car.

  122. And yet... by Anonymous Coward · · Score: 0

    ...when an anti-RIAA/MPAA article gets posted, ripping off someone else's materials is a-okay by this crowd. Funny how that works.

    Just saying.

  123. Then why the pro-piracy arguments? by Anonymous Coward · · Score: 0

    How can Slashdotters argue that copyright should be abolished, or that piracy is okay?

    Copyright and ethics apparently apply in one situation and not the other (in this case, GPL theft, which seems to be the only bit of piracy that Slashdotters suddenly are against).

  124. Not "steal"--infringed by Anonymous Coward · · Score: 0

    2. Steal that product's code.

    Remember, according to Slashdot, it's not theft! It's "infringement," like a parking infringement.

    1. Re:Not "steal"--infringed by Featureless · · Score: 1

      Both you, and Slashdot, make a good point. Replace 2 with:

      2. Violate that product's license.

  125. I didn't think . . . by WinterpegCanuck · · Score: 1

    Microsoft was a two person company . . . But I guess back in the dos days . . .

  126. More GPL Infringement from VX30 by drcobb · · Score: 3, Informative

    On their site they also list another product called Ad-Stats which is a doctored version of phpAdsNew complete with screen shots which identicaly match phpAdsNew interface, again with no copyright attribution. The preferences settings are all identical, the general layout is unchanged, except the graphics have been doctored a bit and a whole lot of prompts have been slightly renamed from 'campaign' to 'clip'. Way to go.

  127. Un-possible! by Elladan · · Score: 1

    This is clearly un-possible!

    If there's one thing Slashdot has taught me over and over and over and over and over again, it's that it is completely impossible for an x86 to emulate the glorious power of a PPC processor!

    Now, I used to be one of those losers who believed the church-turing theorem, and thought that any CPU could emulate any other CPU. But Slashdot showed me the light! I now know that it's completely un-possible!

    This whole story must be a hoax!

    1. Re:Un-possible! by borgheron · · Score: 2, Insightful

      Actually, if you were paying attention, the Church-Turing thesis is not what's being challenged. That thesis mentions nothing about the speed of emulation. It's the CherryOS "author's" claims of 80% of the speed of the host CPU which are preposterous.

      All Church-Turing actually talks about is the ability to translate any Program into a Turing machine and to transform any Turing machine into a program. :)

      PearPC emulates PPC on ix86 hardware, but it is very slow even with JIT compilation. Many emulation companies spend YEARS getting the emulation up to acceptable/usable levels.

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
  128. MOD PARENT INFORMATIVE by Anonymous Coward · · Score: 0

    That's awesome. In 365 days, I can easily collect a halfhour's worth of questions I would pay $25 to have answered. Thanks!

  129. New slashdot meme by Burb · · Score: 1

    Gentlemen, we are witnessing the birth of a new slashdot meme. [FX: Jupiter from the Planets Suite]

    --

  130. Not quite... by SuperKendall · · Score: 1

    No, the thought that they are passing me by in favor of Tom Cruise is what disturbs me!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  131. No, Really? What a SHOCK! by dJOEK · · Score: 0, Offtopic

    Mod this up, +5 Sarcasm ;-)

    --
    Exercise caution when modding this message up: the author acts like a jerk when his karma is excellent.
  132. "Cherry OS will auto-destruct in 5 seconds . . ." by Chimney · · Score: 1

    Cherry OS is a pipe dream. Even if remotely true - meaning that it WOULD work, more or less (which it doesn't!) - Cherry OS hasn't got a snowball's chance in hell to survive: it's very existence would immediately create 2 mortal enemies: Micro$haft AND Apple. That, in itself, is a death sentence!

  133. Um, do you know what site you're on? by Rogerborg · · Score: 1

    How much investigation did the Slashdot 'editors' do into this before ejaculating it forth? Is there some reason why you think that they are exempt from this Journalist's Code that you seem to believe exists?

    --
    If you were blocking sigs, you wouldn't have to read this.
  134. Another CON-TRICK! A SCAM! by Chimney · · Score: 1

    I smell 'em a mile away, these days. Remember "http://www.siliconfilm.com/"? Check it out: they haven't even bothered to take down the website. It's still there. The press releases of THAT digital miracle came out every 6 months for 5 years running. And got plenty exposure through such "professional" journalists as Peter Cohen from MacCentral/MacWorld. Yes, indeed! The same guy. He did it again! He fell for this one too. Some people clearly never learn... Either that, or even worse: Peter Cohen is part of the scam . . . (which wouldn't surprise me). So what scam are these Cherry OS hoaxsters trying to pull? My guess is they're trying to get people to 'invest' in the further 'development & engineering to get it ready for the mass markets'. In other words: it's probably a scam. Once gullible 'investors' have invested, they'll probably never hear about it again! Wanna bet?

  135. what drives this guy? by OberonX · · Score: 1

    I was just wondering what does actually drive this guy to do this? I would imagine publicity seeking but it just seems too stupid to be real. What's the fucking point really?

    1. Re:what drives this guy? by Chimney · · Score: 1

      OberonX, the "fucking point" - as you so eloquently state - is to get a dozen people - wannabe Bill Gates's - to part with their savings (as an 'investment'). Say, a couple hundred thousand dollars per head. And then vanish to a south sea island! Check out http://apple.slashdot.org/comments.pl?sid=126148&t hreshold=1&commentsort=1&tid=179&tid=3&mode=thread &cid=10563310

  136. Re:This is why I would love /.TV by Anonymous Coward · · Score: 0

    I would like to see a 60 min episode where the 'guy' whips out a shotgun and shoots the interviewer & camera guy during live broadcast, and then you would see the camera drop to the floor, Blair Witch Project style :-). hmmm, reality tv.

  137. Re:This is why I would love /.TV by Flabby+Boohoo · · Score: 1

    At least there would be an excuse for re-running the story.

  138. Re:This is why I would love /.TV by Anonymous Coward · · Score: 0

    Woo, reserect Geeks In Space, but video.

    NOOOOOOOOOOOOOOOOOOO!

  139. In civilised countries... by Anonymous Coward · · Score: 5, Insightful

    Piracy is different when you start selling pirated works online.

    In civilised countries, piracy *begins* when you start selling the works. That's what piracy *is*.

    Copyright infringement without monetary gain is just called "copyright infringement".

    1. Re:In civilised countries... by commodoresloat · · Score: 2, Informative
      Actually, piracy begins when you commit violent actions on the high seas. It's copyright infringement whether or not you make a profit.

      In this case I think the real moral difference comes when you represent someone else's work as your own, not whether you make money from it.

  140. Re:My site was one of the 1st to bring this to lig by adzoox · · Score: 1

    Because sourceforge has the records and date when he downloaded PearPC - it shows 4 months ago.

    It also shows that he downloaded an opensouce video player and then whatta you know - comes out with a video player a few months later.

    Further, he is expressly denying that he used PearPC in any way whatsoever. The PearPC developers have found specific code that is stolen - you would think he would have wanted to be anonymous.

    And... it's not an issue of "seeing whose better" - PearPC is only viable option to see.

    --
    Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  141. Fame at last by SPIRO+MULTIMAX · · Score: 1

    Woot !!!

  142. We *have* to do this! by schon · · Score: 1

    If you want to pay your $600 to BusinessWire, you too can post a press release announcing that "monkeys will shoot out of my nether eye in my office at midnight tonight." Yahoo will pick it up and run it in its financial news section

    Come on, if every /.er contributes a dollar, we can do this hundreds of times..

    We *have* to do this!

  143. Re:This is why I would love /.TV by Anonymous Coward · · Score: 0

    Send Ali G to interview him.

  144. This happens all the time by Anonymous Coward · · Score: 0

    What do you think cheap outsourcing companies do - write the code themselves? No, they STEAL IT FROM OPEN SOURCE. And no-one will ever know because they keep it closed-source. Forget GPL, it hasn't been tested in court and ISN'T WORTH A DAMN!!!!

  145. Re:My site was one of the 1st to bring this to lig by Anonymous Coward · · Score: 0

    Non sequitur!

    The original reply posts point still stands. If you are going to invest time and effort into a product, you investigate the competition, even if there is only a single competitor. It's good business practice. You have no link between him downloading these products and his products other than the time frame.

    That's all circumstantial evidence, weak circumstantial evidence at that. The key is proving that his product uses PearPC, which the string analysis does (though not entirely conclusive). Proving that he downloaded it shows nothing. NOTHING. Engage the brain.

    That said, I think the guy is a bull shit artist and did rip off PearPC, but your "proof" is not proof.

  146. Stealing by unknown51a · · Score: 0

    Stealing someone's art is one thing, stealing their art and claiming it to be your own is another.

    --
    I had an imaginary sig once, he said I was a loser and ran off.
  147. stress test by Anonymous Coward · · Score: 0

    Some said the guy just wanted to stress test his streaming solution, and server.. well now with the slashdot posting I think he got EXACTLY what he wanted.

  148. Crack the site by mkiwi · · Score: 1

    I suppose that the first attempt to crack cherryos's site would be-

    username: Arben
    password: Kryeziu

    or better yet-
    username: CherryOS
    password: PearPC

  149. Clearly a reference by talaphid · · Score: 1

    to SPIRO MULTIMAX 3000... can't you see it? First you make it into an acronym, so you've got SM30... and then.. and then... well, it's obvious to any genius software engineer how SM ~= VX.

  150. UPDATE - THE TRUTH ABOUT HIS PROJECTS! by wurakeem · · Score: 3, Interesting

    Apparently, Arben Kryeziu is really no deveoper of any kind.
    As people already suspected, he stole the PearPC code for CherryOS, he most likely stole Java code for his VX streamer (see posts above). And now I have reason to suspect that he also did not develop the bumpnetworks.com website.
    He posted an outsourcing bid for one of his web site developments (bumpnetworks.com?). Search on that page for the string "Hello Arben Kryeziu" and "Hello Bumpnetworks" to confirm this. Now scroll to the winner's bid (will say "AWARDED" on the left). His location Donetsk, UA (Ukraine -> Russia). Now, go to bumpnetworks.com and follow the menu: "Company -> Partnerships." You will discover Site-Mechanics to be a partner. Go there and visit their clientele references. You will notice that most of the clients and work done was in Russia(n). Could it be that that guy developed bumpnetworks.com (and many other)?

    That leaves us with the original question: what did he really develop or did he "outsource and share code" (LOL) for everything. He seems to be good at talking the language of "the suits" and seems to be better at being a manager than doing the actual work.

    Well here is the answer, which is also my GRAND FINALE!!!
    if you visit his Elance Feedback profile and scroll all the way to the end you will notice TWO bids he put up:
    #1 "Web Programming pdf to html conversion Beaux US$1,500.00"
    AND...
    #2 "Application Development PowerPC Emulator comsdev US$2,700.00"

    If you visit both bids (bid 1 and bid 2 you will notice that he actually paid OTHER teams at Elance.com to do the dirty work for him.

    I have very strong reason to suspect that he never wrote ANY part of any code of any kind! Instead, the people that actually STOLE the code from PearPC and PDF2HTML (read to verify) are the actual perpetrators!!!
    How come nobody else established this connection?!

    W.

  151. Re:UPDATE - THE TRUTH ABOUT HIS PERSONAL LIFE!!! by wurakeem · · Score: 1

    Arben Girlfriend's Private web site w/ photos!!!.
    Be sure to check out Mr.Goofy with his new Porsche

    What's really SAD is the fact that he could not even do his girflriend's site himself. He gave that "project" to others
    W.

  152. Re:My site was one of the 1st to bring this to lig by Anonymous Coward · · Score: 0

    The guy claimed he had not used any PearPC code - it IS proven beyond a shadow of a doubt he did.

    The guy also claimed he hadn't even really fooled with PearPC until a couple weeks before CherryOS's big release - it shows he downloaded it 4 months ago - and whatta you know, says he's been working on it 4 months!

    Further, his M-XStream Java Video player is the same - it's being promoted as a revolutionary video application and claimed to be used by major companies, yet no company examples are given on the site and there are at least a dozen java apps just like it.

  153. Received SPAM from CherryOS by Anonymous Coward · · Score: 0

    I have started receiving spam on the unique email address which I gave CherryOS :-/ ...another one to add to the block list.

  154. Welcome to Slashdot. by sethadam1 · · Score: 1

    Journalistic integrity?
    Research?

    You must be new here.

  155. Re:UPDATE - THE TRUTH ABOUT HIS PERSONAL LIFE!!! by Anonymous Coward · · Score: 0

    Mmmmm....Rose....

    "Red Beach" on Maui, where some of these photos were taken, is an "unofficial" nude beach. I have been there numerous times on vacation. It is accessible only by a short hike on varying terrain and hills; not entirely difficult, but definitely out of the way. The people in those photos were likely the only ones on that beach for a good part of the day. Hmm... Rose... woulda liked to see her nude.

  156. Re:UPDATE - THE TRUTH ABOUT HIS PERSONAL LIFE!!! by Anonymous Coward · · Score: 0

    Arben is a thief and a liar. He is living high on the hog off other people's money from his illicit "software" ventures. It takes load$ of ca$h to do the type of things depicted in these pictures in Hawaii and to stay at these hotels (on Lanai, Molokai, Maui, etc). To say nothing of living on Maui period. Many people have to work two or three jobs just to stay afloat there. Any fool stupid enough to send money to this crook deserves what they get.