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Finding the Pits In CherryOS

An anonymous reader writes "DrunkenBlog is carrying a story with piles of gathered evidence (including screenshots of code diffs) exposing the speed claims of CherryOS, and that the company behind it (Maui X-Stream) is not only stealing code from the open source project PearPC but at least several other OSS projects too. There are some choice quotes from PearPC developers on how it is harming their project. They appear to have a strong case, but enforcing the GPL could take help."

18 of 494 comments (clear)

  1. Warez too! by sH4RD · · Score: 5, Informative

    According to this thread on PearPC.net, he is using a warez'd copy of several programs as well.

    --
    WASTE - The Secure P2P
  2. Mirror by Joey+Patterson · · Score: 3, Informative

    The DrunkenBlog site is very slow, so here's a MirrorDot mirror of it.

  3. already slow... by Neophytus · · Score: 5, Informative
  4. Copyright infringement is NOT THEFT! by serviscope_minor · · Score: 5, Informative

    It is copyright infringement, just like the subject says.

    It does not matter who's copyright is being infringed or who is claiming it, it is STILL NOT THEFT.

    I'll bet I'll be modded down now, since this sort of thing is only accepable on an anti *AA thread.

    --
    SJW n. One who posts facts.
  5. "Troll"??? by Saeed+al-Sahaf · · Score: 3, Informative

    "Troll"??? It's not a troll. And it's not a condemnation of GPL either. It's a truthful statement that most FOSS developers can't afford to sue people.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  6. Re:The sad truth... by serviscope_minor · · Score: 3, Informative

    The sad truth is that the GPL has no real teeth, because most of the people writing GPL'd code do not have the resources or time to do anything about "code theft".
    --
    What's worth doing is worth doing for money...


    That does not mean the license has no teeth, just like many other civil laws: you have to have the money to go to court.

    Oh and regarding your .sig: does that apply to sex too?

    --
    SJW n. One who posts facts.
  7. Re:The sad truth... by jacksonj04 · · Score: 3, Informative

    I would say it depends on how the phones work. If all they are is a basic kernel with the companies own proprietary binaries on top, then there's nothing the company has to distribute. The kernel is available, it's their own binaries which make it special.

    Remember - as long as it's not a modification of or using parts of GPL code, then you can do what you like with it.

    --
    How many people can read hex if only you and dead people can read hex?
  8. Re:The sad truth... by Tim+C · · Score: 3, Informative

    No, they have to make the source of the kernel they use available to anyone who has the binary (ie an owner of the phone). Just saying "it's stock 2.4.2, get it from kernel.org" isn't good enough, they have to make it available themselves.

    You are correct that they don't have to give out the source to their own binaries, as long as they're not GPLed or derived from GPLed software.

  9. Re:The sad truth... by dominator · · Score: 5, Informative

    That's not true at all. I've hashed it out with a few corporations over wvWare, my MSWord reading library. Usually the threat of action is enough to have the infringers quaking in their boots, and coax them into complaince. When it's not enough, you've got the FSF all-too willing to come to your aide:

    http://www.fsf.org/licensing/licenses/gpl-violatio n.html

    Regarding these cases, Eben Moglen (the FSF's general legal counsel) once told me that the reason you've never seen a GPL violation case go to court is because it's always a slam-dunk case that will be decided in your favor; that it's always in the infringer's best interest to settle out of court. I don't know how self-serving that statement was, but it's worth pondering at least. It's been my experience, in any case.

  10. All tell the CherryOS authors how nice they are... by rbarreira · · Score: 3, Informative

    Why don't we all send a nice letter to the makers of CherryOS? Here are some email addresses:

    mail@cherryos.com; press@cherryos.com; info@mxsinc.com; arben@vx30.com; vx30@mauionline.com

    I was thinking of posting this anonymously, but I didn't. Feel free to mod me as troll or anything else you want, but before that just think - how would you react if they were doing this to your own software project?

    A nice letter is not as much as those guys deserve... They are scammers and deserve to be trusted as such.

    --

    The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
  11. Re:Hypocrisy.. by spaeschke · · Score: 3, Informative
    Possibly not... A case could be made that PearPC merely emulates the PPC, and isn't specifically made to run OSX. Hell, you could probably run YellowDog on it if you wanted to.

    Of course, we all know that's not the true purpose behind PearPC, but they could win on a technicality.

  12. Re:The sad truth... by tomjen · · Score: 5, Informative

    No you need assitance from the GNU foundation - they have the lawyers (two law professors if i am not mistaken) and they would like to fry that company - then everybody would fear and respect the GPL.

    --
    Freedom or George Bush
  13. Not everybody knows by Craig+Ringer · · Score: 4, Informative

    That's the issue. Not everybody knows. I saw a post on the local Mac user group list (I support macs at work so I need to keep track) about CherryOS. They had no idea of the issues involved and the article they referred to did not mention them.

    It's worth making some noise even about something this blatant.

  14. Re:Hypocrisy.. by polyp2000 · · Score: 4, Informative

    Thats bollocks!
    PearPC - While able to run OSX - it is simply an emulation of PPC hardware. There are plenty of operating systems that PearPC can run eg: linux, bsd , beos etc. It is upto the person running the emulator whether they violate apples licensing agreement.

    Cherry OS however - albeit the same thing as PearPC are explicitly advertising their (stolen) product for the purpose of running OSX. They are much more likely to find themselves on the end of an apple lawsuit than the PearPC developers.

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  15. Re:Why does CherryOS even bother? by northcat · · Score: 3, Informative

    Everyone already knows that their project was a ripoff of PearPC

    Correction: Everyone on Slashdot and the PearPC forums.

  16. Re:The sad truth... by Bruce+Perens · · Score: 4, Informative
    FSF does not own copyrights on the Linux kernel, and I don't know of anyone who has come to FSF who does own such copyrights. But we now have the resources to pursue such matters outside of FSF. I would like to hear from kernel copyright holders who would help with that. If we let the unauthorized derivative works go on for too long, I'm afraid we will create an estoppel that would limit the effect of the GPL.

    Bruce

  17. Why not do something about this? by Amich · · Score: 5, Informative

    It's obvious this sort of thing is an outrage, and we should stand up and do something better than preaching to the choir on Slashdot.

    This story made me decide to donate to the PearPC project http://sourceforge.net/donate/index.php?group_id=1 08675 . I'm sure if enough donations piled up, PearPC's authors would go after CherryOS in court.

  18. Re:The sad truth... by shellbeach · · Score: 3, Informative
    Actually, according to 3b ... they have to provide the source to any third party, not just people who have the binary.

    This is incorrect. Read section 3 in context ...

    Quoting from http://www.gnu.org/copyleft/gpl.html:

    • 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

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

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

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      [My emphasis]


    Thus you only have to comply with one of either (a), (b) or (c) and it is perfectly legitimate to sell GPL software and only provide the source with the purchased binary (thereby meeting the requirements of section a). Mind you, anyone who buys it can then quite happily make it available for free download if they want ...