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CherryOS Mac Emulator Resurfaces

Clash writes "Following its initial announcement and subsequent controversy last October, Mac emulator CherryOS has finally been released. Its creator, Arben Kryeziu, found himself in hot water last year amid claims the software was simply stolen from the open source PearPC project. With the code now under public scrutiny, it appears that such allegations are true. According to BetaNews, CherryOS boots up in the exact same manner as PearPC, and its error messages and source files are nearly identical. The emulator also includes MacOnLinuxVideo, which is the same driver used by PearPC to speed up graphics. The CherryOS configuration file also closely mirrors that used by PearPC. Trial download without registration found here."

16 of 574 comments (clear)

  1. Um. by Capt'n+Hector · · Score: 4, Interesting

    Why would this be released? Isn't that sort of... illegal?

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
  2. GPL by b0lt · · Score: 5, Interesting

    If CherryOS is sued for this, won't this test the GPL furthermore? It might finally get a court to acknowledge that the GPL is not "unconstitutional" (*cough* SCO *cough)

    -b0lt

    --
    got sig?
  3. Wondering how developers feel about this by aendeuryu · · Score: 5, Interesting

    This is kind of off-topic, but...

    I was always wondering how developers behind BSD-licensed products felt about this whole thing. Before you pounce on me, I know PearPC is a GPLed product, but the way I see it, the risks are pretty similar.

    So, how would BSD developers feel about creating something, having it ripped off, and bandied about by someone else as if it was their own creation, with the original developers getting no credit? Has it happened? Did it cause you to think about switching to GPL, or maybe some other license?

  4. A bit more on the rip... by Jugalator · · Score: 4, Interesting

    It's said that if you change the line containing prom_bootmethod in the CherryOS configuration file from "auto" to "select", you're supposed to clearly see that it's PearPC. I haven't tried this out myself though, as I already believe in that it's the same thing. There's also word in a Neowin thread that CherryOS has simply upped the screen refresh rate to make it look faster.

    --
    Beware: In C++, your friends can see your privates!
  5. Re:It wasn't stolen by Anonymous Coward · · Score: 2, Interesting

    The guy took someone else's work, changed it a little bit, and published it under his own name, without complying with the original authors conditions.

    Whether you call that "stealing", "ripping off", "license violation" or whatever is neither here nor there, what does matter is that it's illegal under copyright law.

    Hope he gets sued to hell.

  6. Re:why would it be illegial? by cortana · · Score: 2, Interesting

    It's up to the copyright holder whose intellectual property has been infringed to bring action upon MXS.

  7. from the other article by fr1kk · · Score: 2, Interesting

    This is an excerpt i found interesting from the wired article about CherryOS (OCT 2004):
    Kryeziu said CherryOS runs to 36,000 lines of code and was inspired by open-source Mac emulator PearPC, but is not in any way based on it.
    "There's a big difference," he said. "They are way slow."

    Yeah... way slow and identical to CherryOS(?)

    --
    sig: Playfully doing something difficult, whether useful or not
  8. Re:Intellectual Property? by QMO · · Score: 3, Interesting

    Copyright is NOT bad always. I like to read Isaac Asimov, Robert A. Heinlein, Orson Scott Card, Charles Dickens, Anne Perry, Cynthia Voigt, Edgar Rice Burroughs, Weis & Hickman, Louis L'amour, C. S. Forester, P. G. Wodehouse, Roald Dahl, Agatha Christie, , etc.

    All of these authors are(were) prolific (at least in some sense), and wouldn't have been nearly so if no one had been obligated to pay them for use of their writings. Anything that creates this kind of obligation is a copyright of some kind.

    Asimov is a great example. He loved to write. Money wasn't even his main motivation for writing (according to him). He (again, according to him) worked 80 hours/week on writing sometimes. If he had had to keep teaching college chemistry and doing chemistry research (though he never really did that) to support himself and his family he wouldn't have had nearly as much time to write.

    Burroughs is an example of someone that wrote almost solely (probably) for the money. If the money hadn't been there he would have kept looking for (other) work.

    In these cases copyright is a GOOD thing for me, because otherwise I would have been deprived of many of their writings, and that would be a BAD thing.

    --
    Exam 4/C again. Maybe I'll do better this time.
  9. On /. stupid remarks are king by Anonymous Coward · · Score: 2, Interesting

    "our willingness to respect property is what makes it real."

    Let me interpret this, since its mumbo-jumbo.

    "If we all agree that a program is property, then its property, regardless of what those dirty hippies say".

    No, seriously, if we all have to pretend that something is property, then its not property.

    Why wouldn't you just say "Respect copyrights"? Or does that spoil the fiction of "Ideas = Property"?

  10. Re:Why is it illegal? by Megaslow · · Score: 2, Interesting
    The following is the click-through license you must agree to when you download the eval version (the reference to VX30 Release 1.0 is really what it says, obviously they didnt update it for CherryOS) :

    EVALUATION LICENSE AGREEMENT

    This Term License Agreement ("Agreement") is entered into by and between Maui X-Stream, Inc., a Hawaii corporation ("MXS") and the download recipient identified in the accompanying records of MXS for the serialized Licensed Work (defined below) ("LICENSEE"), each singly referred to as "Party" or collectively as "Parties."

    WHEREAS, MXS owns certain rights, title, and interest in and to the Licensed Work, as defined herein;

    WHEREAS, LICENSEE desires to obtain a limited term non-exclusive license for the Licensed Work for evaluation of the Licensed Work for purchase;

    WHEREAS, MXS is willing to enter into this Agreement with LICENSEE, under the terms and conditions set forth herein.

    NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
    Definition
    1.01 "Licensed Work" shall mean the object code encoder module version of VX30 Release 1.0 as downloaded by LICENSEE from MXS. Terms

    2.01 LICENSEE is permitted to install the Licensed Work solely on a single, non-networked LICENSEE-owned and LICENSEE-controlled CPU solely for evaluation of the performance of the LICENSED WORK.

    2.02 LICENSEE may not duplicate, distribute, sublicense, rent, loan, convey, or permit access to any part of the Licensed Work by or to any third party. LICENSEE shall not reverse engineer, decompile or disassemble the Licensed Work. LICENSEE is prohibited from use of the Licensed Work for any purpose that is contrary to law.

    2.03 LICENSEE acknowledges that the Licensed Work is protected by copyright and pending patent claims vested in MXS. LICENSEE acknowledges that MXS owns legal title to the Licensed Work and all assoc iated legal rights and that no title is transferred to LICENSEE. LICENSEE shall not remove notices or identification in or on the Licensed Work. LICENSEE acknowledges that the Licensed Work is of great value to MXS, and therefore, LICENSEE promises to take all appropriate measures to protect MXS' interests therein.

    2.04 The license granted to LICENSEE under this Agreement is non-exclusive and shall expire on the fifteenth day following download of the Licensed Work by LICENSEE from MXS

    2.05 THE LICENSED WORK IS LICENSED "AS IS", WITH ALL FAULTS AND DEFECTS. MXS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE

    2.06 This License Agreement does not confer on LICENSEE any right or entitlement to maintenance releases, updates, upgrades, or telephone support for the Licensed Work.

    2.07 LICENSEE may not assign this Agreement or transfer the Licensed Work.

    2.08 LICENSEE shall permit MXS to inspect any installation of the Licensed Work at any time upon prior notice for the sole purpose of confirming compliance with the License Agreement. LICENSEE shall cooperate with and assist said inspection.

    Additional Terms

    2.09 This Agreement is governed by the laws of Hawaii, the United States and international treaties for the enforcement of United States copyrights and patents. Disputes, claims and litigation under this Agreement shall be subject to the exclusive venue and jurisdiction of a court of competent authority in Hawaii. LICENSEE understands and agrees that the disclosure or use of the Licensed Work in violation of this Agreement would cause great and irreparable harm to MXS; further, that such disclosure may cause significant commercial damages which may be difficult to assess. Therefore, it is agreed that MXS shall be entitled to equitable relief in court, including but not limited to, restraining orders; temporary, preliminary, and permanent injunctions

  11. The man is a LIAR by vivin · · Score: 2, Interesting

    It is so obvious. He has had previous GPL violations. There was a page that listed them, but I can't find it anymore. He has made a lot of other software that was based off other software under the GPL. Then there is also the fact that he originally claimed to have written from scratch and then there's the time he claimed that he fired a co-programmer. WTF?! He said he had written it from scratch! Then what about the bogus explanation about variable and function names "sounding the same" because there are only "certain ways to do things". The man is a liar - plain and simple.

    --
    Vivin Suresh Paliath
    http://vivin.net

    I like
  12. Re:Sound by Krach42 · · Score: 2, Interesting

    We don't have to put obscure bugs in the code to make sure it's ours. A simple strings analysis is sufficient.

    --

    I am unamerican, and proud of it!
  13. Review by Mr_Silver · · Score: 4, Interesting
    This guy ran it and seems to think it's just a vb wrapper to the PearPC application. To quote:
    I immediately was suspicious of the software when I noticed it was installing various OCX files and other Visual Basic dependencies, and upon inspection of the software's installation directory, it functions as follows: There's an EXE file called MainCherryOS.exe, which is the VB App they're using as a 'wrapper' to give their PearPC 'booty', if you will (joke), a Virtual PC-like feel. Normally, PearPC needs to be compiled and run from the command-line. Their wrapper then takes the output from PearPC and displays it as if it were actually being generated by MainCherryOS.exe! A creative solution, but I'm not impressed.
    Very interesting.
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    Avantslash - View Slashdot cleanly on your mobile phone.
  14. Re:Enforce the GPL or it loses relevance by 0racle · · Score: 3, Interesting

    I believe that the OS X eula you agree to when you install it states that OS X is to only be installed on Apple hardware. So yes, instlling OS X under PearPC or any other emulator is probably a violation of "Apple's software license."

    --
    "I use a Mac because I'm just better than you are."
  15. Re:Illegal, no, in breach of the licence, yes by tchuladdiass · · Score: 2, Interesting

    However, you do have the possibility to dual-license your code. What I would do is offer my code both under the GPL, and have the possibility for one to purchase a non-GPL license for, say, a couple million dollars. Then you'd be able to sue GPL violators for that large sum.

  16. Re:why would it be illegial? by Anonymous Coward · · Score: 1, Interesting

    (I ran out of replies I'm allowed to post in 24 hours, so I have to use AC):

    I already told you I don't have admin rights to an XP machine, but I did sign up at their site and downloaded the installer, which I ran on my work computer. Of course, I couldn't install it w/o admin rights, but both the EULA on their site and the EULA in the setup program clearly state the generic "This is not redistributable, you don't own it, it's intellectual property, etc" EULA that comes with every commercial program in which the end user is just "licensed" to use it. No where on the site, or in the installer does it say that it is just an installer for a GPL program, in fact, it claims the CherryOS is the software that is enabling a PC to emulate a G4.

    If you have an XP machine, then prove me wrong instead of trying to sound high and mighty because you can't accept five simple words. Additionally, per your original reply, it's a free download, not $50. So go try it and prove me wrong, please, I don't have a machine to test it on but all indications (see above paragraph) indicate that it's is violating GPL. Also, please refrain from asking me loaded questions or comments in which I've already answered. I already told you I can't provide 100% proof that it violates the GPL because I don't have a test machine, but per my above comments, and TFA, it's fairly clear that there's a strong chance that it's not GPL compliant.

    For that matter, why don't you point out that TFA uses the same logic I did, and comment about that? To summarize it, in case you didn't read it, it points out many similarities but offers no 100% proof:

    "its error messages and source files are nearly identical. The emulator also includes MacOnLinuxVideo, which is the same driver used by PearPC to speed up graphics. The CherryOS configuration file also closely mirrors that used by PearPC."

    Seems to me that a news website linked by /. is more deserving of your scruteny than I, but if it makes you feel like big to tell me that I shouldn't comment without 100% proof (even when I acknowledge that) instead of saying the exact same about the original article, be my guest. Although strangely, the comments you have already made tend to be along the lines of "It's not theft because nothing was taken," in which case debating anything related to the GPL with you would be a moot venture, as you seem to not care about ripped off work since the original author 'still has a copy.'

    It makes sense now that I've read your other comments on this article. You're completely anal about the use of words like "theft", "stolen" and "as far as I know" and can't accept anything but the dictionary terms, which in almost all cases do not apply to technology (see: patents, p2p file sharing). If you really do have a problem with speculation and non-websters use of words, I don't know how you survive on /., although your thousands of comments seem to indicate you're doing fine.

    Tell me if I've summarized your overall argument:
    'Who cares because he didn't literally break into the PearPC developers computers and steal it, and I don't believe anything even when strong evidence is presented but I'll tell everyone else how wrong they are.'

    I really would like you to return to this thread some time and prove me wrong. Really. Put me in my place. Don't argue word usage or GPL, just show me that he didn't violate the GPL instead of flooding this thread with "Nobody's taken anything." and other SPECULATIONS. (oh wait, literally no one has removed the bits from anyone's hard drive so it't not theft at all!)