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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."

34 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. Intellectual Property? by mosb1000 · · Score: 4, Insightful

    Sounds like some of the people on slashdot are developing respect for intellectual property. Be careful, our willingness to respect property is what makes it real. If too many people start to respect intellectual property, it will become as real as normal property.

    1. Re:Intellectual Property? by FidelCatsro · · Score: 5, Informative

      OK first off
      IP is broken down into three main areas comenly on slashdot

      1:Patents - Mainly refering to software patents , or the ownership of an idea , most slashdoters are against this and rightly so , as it stiffels freedom

      2: Trademarks - Can be both very usefull on one hand to stop cheap rip offs but also gets abused alot by companys (IE: why pentium is called pentium as intel tried to trademark a number )

      3: copywright : also a two sided blade , abused alot in the DMCA which companys use to stop us enacting our rights to fair use , and used properly in the GNU GPL and Creative commens license which i hope i dont need to explain to people here

      Ok i do dice over the issues , but IP is not just one thing , and in this case its totaly right to complain about people violating IP , its the copyright equivelent of identity theft( well close enough)

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
  4. 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?

    1. Re:Wondering how developers feel about this by Anonymous Coward · · Score: 4, Insightful

      "So, how would BSD developers feel about creating something, having it ripped off..."

      The fact is that BSD developers are beyond that and the lack of ego is codified into the license. Its a much more 'mature' license in some ways.

      As such, you can't 'rip off' BSD applications as long as you leave the copyright files alone. You don't even have to display them, you have to leave the credits in there somewhere and we are happy.

      This post is licensed under the BSD. I'd prefer that you kept it under BSD, but if you want to edit it and take credit for it, feel free to do so.

    2. Re:Wondering how developers feel about this by Anonymous Coward · · Score: 5, Funny

      "So, how would BSD developers feel about creating something, having it ripped off..."

      The fact is that BSD developers are beyond that and the lack of ego is codified into the license. Its a much more 'mature' license in some ways.

      As such, you can't 'rip off' BSD applications as long as you leave the copyright files alone. You don't even have to display them, you have to leave the credits in there somewhere and we are happy.

    3. Re:Wondering how developers feel about this by amonredotorg · · Score: 5, Insightful

      Let me quote something...

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
      2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      Which means that they'd still have to credit you.

    4. Re:Wondering how developers feel about this by Otter · · Score: 4, Insightful
      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.

      That's not a risk, it's the point of BSD licensing. Just because "the community" flies into a rage about "taking from 'us' and not giving anything back" doesn't mean the developers feel that way. Why do you think they decided to use those licensing terms?

  5. Free publicity. Why? by Anonymous Coward · · Score: 5, Informative

    Why is this fraudster getting so much free press? It would be different if the headline read "Stolen code illegally released", but as it is you might think CherryOS is something other than someone elses stolen property.

    At least this time the schmuk has taken the "trouble" of removing all references to PearPC in the binary. Sadly he's too stupid to remember to change the configuration file format, or the hard coded MAC address that PearPC uses for the emulated NIC.

  6. It's stolen ? by jpiggot · · Score: 5, Funny

    ...in Russia, a new site called "ALLOFPEARPC" is selling the software for mere pennies. Apparently, there's no law against selling it, you know...

  7. 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!
  8. Re:why would it be illegial? by FidelCatsro · · Score: 5, Insightful

    Yes Emulation is fine , Although Stealing someones work and claming it as your own work is unethical and illegal in the way that it violates PearPCs license . This is not a DMCA type nonsence Copyright issue , This is blatently rebranding someones work without permission and selling it as yourown .
    No matter how you feel about Intelectual property , This is immoral , unethical and illegal and rightly so

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
  9. Re:So what? He's just forked a GPL project. by pe1rxq · · Score: 4, Insightful

    You mean besides lying about it, and not telling people they have a right to the source code?
    (He should have supplied the License allong with the binary)

    Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  10. Not the only one. by eddy · · Score: 5, Informative

    I saw that Miranda had been ripped off for (at least) a second time.

    Going to all that trouble just to rip people off and install spyware. It's fucking sad.

    --
    Belief is the currency of delusion.
  11. Re:why would it be illegial? by pe1rxq · · Score: 4, Informative

    The GPL doesn't permit just distributing binaries wihtout informing the receivers what the License terms are.
    They should atleast put a notice with it saying 'This contains GPL code, send your request for the source here:'

    Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  12. Sound by Shinaku · · Score: 5, Funny

    Sound. There is no sound support on this version. We will be releasing an update that will include sound capabilities as soon as it becomes available.

    As soon as it becomes available in PearPC?

    --
    -- :>
  13. Re:why would it be illegial? by Anonymous Coward · · Score: 4, Informative

    I dont think anyone is arguing that. The problem is YOU MUST GIVE BACK. If you take GPL code and modify it, and ship it, then you MUST provide the modified source. If CherryOS does this then no one can complain.

  14. Enforce the GPL or it loses relevance by muhan · · Score: 4, Insightful

    If cherryos violates GPL, is someone going to actually try to do something about it? Where's the lawsuit? If not, the GPL might as well not exist.

  15. Wired link by blanks · · Score: 4, Informative

    Found a good link with info from both cherryos developers and pearlpc developers. here

  16. Re:why would it be illegial? by Lonewolf666 · · Score: 4, Insightful

    More exactly, you can sell a program ripped of from GPL project. But then you also have to provide source code and grant your customers the right to re-distribute as specified in the GPL.

    If you don't do that, you are violating the GPL and asking to be sued.

    If you follow the GPL, others can re-distribute YOUR program which will limit the price you can charge without being undercut by others. Linux distributions are a good example for this:
    Companies like Novell/SuSE can get away with charging up to 100 Euros for a nice package of installation disks, manuals and some installation support. But you won't find a 1000 Euro distribution without some proprietary software add-ons or extended support included.
    As opposed to the server versions of Windows, where the OS alone may cost some thousand dollars.

    --
    C - the footgun of programming languages
  17. Re:So what? He's just forked a GPL project. by A.K.A_Magnet · · Score: 5, Insightful

    Happens all the time. If anyone claims CherryOS is a bit suspect perhaps the same could be said about a number of the *BSDs. Ok , he's been a bit underhand but as far as I can see he's done nothing wrong and hasn't violated the GPL.

    That's where you're wrong not only for the OBVIOUS reason "if you fork a GPL software it must remain GPL" (and I just downloaded the installer and afaik the code IS NOT distributed along), but also because he denied having forked PearPC, where the GPL forces to keep the copyleft of the original authors (ok you can still say "it's my software I coded it all alone last saturday" and let the copyleft in the code, but then everybody can read it if it's GPL'd, so I think giving credit to the legitimate authors is something that the GPL implies)

    Even if the PearPC licence had been more permissive (MIT or BSD style), he would still be a moron who cannot even admit he just took the code.

    In the current case however, he's just a thief and I hope the PearPC developpers will get some support to sue and get the GPL tested in an US court.

  18. Re:It wasn't stolen by BenjyD · · Score: 5, Informative

    Theft means taking without permission. The GPL only grants permission to 'take' the licensed source code if you obey certain restrictions. This guy doesn't appear to have met those restrictions, so he has stolen the code.

    The point of the GPL, in case you missed it, is that modifications to the source cannot be kept from the community if the modifier wants to distribute their work. If you want to benefit from GPL code, you have to give back in the form of your modifications.

  19. Intellectual property? Test the GPL? by erroneus · · Score: 4, Insightful

    I don't know about any of that. I think it's more of "someone's taking from our community" is the feeling. Either this guy is a moron or someone bigger and darker is out there funding this guy's legal defense.

    It should be pretty obvious that this guy will have legal action taken against him at any moment. He has no reputation as a business owner that I can tell so he has nothing to lose. But this case would have interesting value to those businesses out there who have and who would use GPL code in their stuff. I don't think I'm being paranoid or dramatic when I suggest the possibility is there. After all, isn't it Microsoft that ultimately funded SCO's legal machine? Or at least partly?

    It will be interesting to see how this plays out, and I know that no one could disagree with that.

  20. Re:It wasn't stolen by nametaken · · Score: 5, Insightful

    The purpose of the GPL is to keep the code and any contributions open. Its specifically designed to keep people from taking 4 millions hours of your work, tinkering with it a bit, closing the source, and selling it off as your own.

    It really is all about protecting our ability to keep software evolving... not about ego boosts.

  21. Clear license violation by Ulric · · Score: 4, Informative
    If this is in fact based on another GPL program, which seems to be the case, and no source is provided, that is a violation of the GPL. Quoting:
    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, provided that you also meet all of these conditions:

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

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

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

    You must not pretend that it's the original code. You must provide source. You must tell the users their rights.

    Note that there is no requirement to credit the original authors, which some people seem to believe.

  22. Stolen? by KJE · · Score: 5, Insightful

    Ok, stolen? We can't have it both ways. If it isn't stealing music, but copyright infringment instead, how is this any different? Just cause it's not the **AA being ripped off it's stealing now? Gimme a break.

  23. Re:Emulators? by fr0dicus · · Score: 4, Informative

    PearPC is slower than a calculator rendering doom 3 and MOL only works on PowerPC.

  24. Re:why would it be illegial? by RayTardo · · Score: 4, Insightful

    Not a legal precedent, obviously, but if unscrupulous developers see there's no retribution for doing this, they're just going to do it again.

  25. Insightful, my arse. by Rufus88 · · Score: 4, Informative

    Stealing is about wrongful changing of ownership. When one steals a toaster from a department store, that toaster in effect ceases to be the property of the store and wrongfully becomes property of the theif, and there are laws to return ownership back to the rightful party.

    This is a contradiction in terms. A stolen toaster does not become the property of the theif. If it did, it wouldn't be stolen, nor would the store have a right to have it returned. It's still the store's property. It's just that the thief has taken unlawful posession of the toaster. If you're going to be commenting on the subtleties and nuances of property law, you should at least use basic terminology correctly.

    they get the soul ability

    Let's keep religion out of this, ok?

    However when they modify it, rebrand it and repackage it they are claiming those rights that are in effect the intelectual property. They are claiming distribution rights and claiming authorship.

    Yeah, but they didn't remove anything tangible from the posession of the "rightful owners", which is always the distinction that music piracy apologists use when they cry "copyright infringement is NOT theft!".

    What would be equivilant is taking a good, but little known song, then putting it onto a CD and claiming that it is mine

    No, that's plagiarism.

    The grandparent is correct. What they did is copyright infringement, and is every bit as much a theft, nor more and no less, than music piracy.

  26. 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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  27. WAIT A MINUTE by bonch · · Score: 4, Insightful

    I thought you couldn't "steal" something if you were just making a copy of it?

    As usual, in CherryOS articles, copyright infringement of GPL code mysteriously becomes theft. In P2P piracy articles, copyright infringement mysteriously becomes an okay natural culture movement.

  28. How Much Justice Can You Afford? by fm6 · · Score: 4, Insightful
    Where's the lawsuit? If not, the GPL might as well not exist.
    That's the big problem Free Software advocates can't seem to face. They draw up a license that technically guarantees that Free Software remains Free. But suppose somebody ignores that license? The only way to make them stop is to sue them, and that's expensive. I very much doubt that Sebastian Balias has that kind of money.

    Nobody in the tech world seems to grasp that defending your legal rights costs money. Every time Slashdot does a story about another round of Cease and Desist letters, we get a ton of posts saying, in effect, "That's obviously lame, people should just ignore them." But the sad fact is, you don't know how lame any legal action is until you've gotten legal advice. Nor can you take legal action without that overpaid guy in the suit.

    Well, if you're very smart and very patient, you can represent yourself in Small Claims Court. But that's not applicable to this kind of issue.