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CherryOS On Hold

aberkvam writes "MacWorld is reporting that CherryOS is "On Hold - until further notice." Does this mean that they are going to confirm that they used PearPC's code or is this just a delaying tactic due to the potentially pending lawsuit? Slashdot has covered this saga before."

19 of 314 comments (clear)

  1. Big surprise... feh by SoTuA · · Score: 4, Insightful

    Maybe holding the release because a sold copy of CherryOS would give PearPC's lawyers ammo for bigger damages?

    1. Re:Big surprise... feh by Anonymous Coward · · Score: 5, Insightful

      I bet it's more along the lines of "We got caught with our pants down, again... quick, let's change more identifiable code slightly to evade them!"

      By the way, what does this have to do with Apple? They're both PowerPC emulators, the fact that it will run OSX is incidental.

  2. Was there ever any doubt? by pwnage · · Score: 5, Insightful
    So goes the latest twist in the CherryOS saga: the most probable end to clear OSS theft and a massive stint of publicity whoring.

    Which reminds me, if your really want Mac OS, then just get the real thing.

    --
    Reminder: Apple owns 1/255th of the internet.
  3. Why does everything take so damned long? by PornMaster · · Score: 3, Insightful

    It's frustrating that everything takes so damn long... since it's trivial to show that CherryOS is a rip-off of PearPC, why does this guy still even have a home to sleep in? Justice is too damned slow.

    1. Re:Why does everything take so damned long? by pHatidic · · Score: 4, Insightful

      I read on the internet that the parent poster touches little kids. I read this on a blog several months ago. Why does the parent still even have a home to sleep in? Justice is too damned slow.

    2. Re:Why does everything take so damned long? by PornMaster · · Score: 4, Insightful

      I'm not talking about not having due process. I'm talking about having due process not take years. This isn't about something that's been done behind closed doors. This fuckbag is a commercial pirate hiding behind the thinnest veil. It's like he burned copies of an X-Men DVD and put a label on it calling it Y-People, and selling them as a product of his own.

  4. Re:Deserve by tomjen · · Score: 5, Insightful

    While i think it is wrong, it must say:
    It is not stealing/piracy/buzzword of the week. It is copyright infrigment.

    --
    Freedom or George Bush
  5. Re:Hope this goes to court by phoenix.bam! · · Score: 4, Insightful

    The nice thing about the GPL not holding up in court is that all code released under the GPL will not become part of the public domain. Therefore any company trying to profit from GPL code cannot claim the GPL is invalid and use the code. The GPL is the only thing that makes the code legal to distribute.

  6. why under an APPLE group/heading by pbjones · · Score: 3, Insightful

    Why is this under a an APPLE heading? It's Window/Linux/Know your rights/GPL.

    The issue in NOT with the emulation of a PPC systems that can run LINUX too, it is an issue about theft!

    --
    There was an unknown error in the submission.
  7. Why do we care? by Jozer99 · · Score: 4, Insightful

    Why does everyone still care? It became incredibly obvious about 2 weeks after the first beta came out that it was simply an alternative GUI for PearPC. Knowing that, people should have stopped paying attention to it except for noting that it is another instance of someone abusing open source code and EULAs. You don't think that they would/could ever release a full version of their product, sell it for money, and live up to the performace claims?

  8. Re:Why does this scam get so much coverage? by NetNifty · · Score: 4, Insightful

    Probably getting so much coverage because CherryOS made absurb claims first of all (IIRC they claimed G5 emulation at 100% speed, which IIRC due to the alvitec unit makes pretty much impossible), now is so blatently commiting copyright infringement on PearPC's code (IIRC the first clue came from a screenshot of CherryOS' boot screen displaying a line of nonsense text which the PearPC team put in, and binary comparisons on the demo have backed that up), while claiming that they wrote the whole thing and dismissing claims in an absurd way (claiming it was entirely a coinsidence that the text mentioned earlier was the same) and constantly changing their story (IIRC first they said one person did it, then they said a dev had been fired who used GPL code and the code removed, then denied all accusations of GPL code completely).

    Basically it gets so much coverage because it's so unbelievable how stupid they are.

  9. Re:Deserve by Stevyn · · Score: 3, Insightful

    Yeah, I've seen this issue raised before, however, when I download a song I don't start a record company and try to sell it under my label.

    Yes, both cases are copyright infringement, but I guess "it's worse" when you take code, repackage it, call it your own, deny you stole it, and try to sell it.

  10. Plagiarism by tepples · · Score: 4, Insightful

    [Copyright infringement that identifies the author and copyright infringement that does not identify the author are] the same thing ethically speaking.

    Not necessarily. There's copyright infringement (violating a government-granted monopoly), and then there's plagiarism (not identifying the author). European "moral rights" make plagiarism an offence per se, while the United States handles plagiarism under the "passing off" provisions of trademark law and under 17 USC 1202 of copyright law.

  11. Wait for it... by M.C.+Hampster · · Score: 5, Insightful

    So goes the latest twist in the CherryOS saga: the most probable end to clear OSS theft and a massive stint of publicity whoring.

    Waaa, waaa! It's not theft it's copyright infringement. Waaa, waaa!

    --
    Forget the whales - save the babies.
    1. Re:Wait for it... by covertbadger · · Score: 3, Insightful

      I see where you're going with this, but it isn't quite the same. CherryOS aren't just redistributing the code, they're packaging it as their own and profiting from it. If you want to use a music analogy, it's like someone downloading a couple of Metallica (to pick an anti-sharing band) albums, burning them to CD, printing out their own sleeve, and selling it as their own work. Make no mistake, I can't stand people that download and distribute thousands of MP3s of tracks they haven't paid for, but this is much more insidious.

    2. Re:Wait for it... by AstroDrabb · · Score: 4, Insightful
      I think you are looking at it wrong. If I took a song/movie/album that I had no rights to and sold it as my work _for_ profit, then yes, the RIAA/MPAA would have a very valid case/point. Now if I took a CD I PURCHASED and ripped it to OGG/MP3 for safe keeping, than IMO the MPAA/RIAA have no case/point. However the RIAA/MPAA _are_ trying to prevent me/you from being able to just backup content I/you legally purchased. I have no problem with the MPAA/RIAA trying to prevent people from doing massive uploading. However, the hole MPAA/RIAA argument doesn't even compare to this issue.

      PearPC is an OPEN product that you can get for free/libre as well as Free/Speech. I can go get the code from PearPC right now and distribute it, change it, etc. There are very little rules wrt the PearPC code. The main rule is that if you modify any of the PearPC code, that new code also must be under the same license. These CherryOS guys are flippin their middle finger at that.

      The only way your MPAA/RIAA argument would be even close would be if the MPAA/RIAA allowed free distribution of _all_ their content and had only the requirement that if someone modified their content, that new content would be covered by the same license. Please, shoot me an email the day the MPAA/RIAA make that policy change!

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
  12. Re:Legitimate question: what's the opposing argume by Eternally+optimistic · · Score: 3, Insightful

    Surely he didn't think that he could get away with a clear violation of the GPL, claim all ownership and intellectual property of CherryOS, sell it, make millions, and not get anyone suspicious. Why would he not be thinking that? If it's a legitimate fork, he would not be claiming that he wrote it.
    Why do authors plagiarize literature, or painters copy Van Gogh? Because they think they will find customers who don't know the difference, or who don't care.

    --
    What keeps me going is my inertia.
  13. Re:Deserve by 91degrees · · Score: 5, Insightful

    or whateverelsely

    controversially?
    Arguably?

    Considering the inevitable arguments regarding the fact that the owners still have their software, and are in no way deprived of the use of it, there are many people who disagree.

    Religion doesn't enter into it.

    Morally, morality is a personal thing.

    Practically there's a key difference. The PearPC creators still have their code.

    If you're arguing that it fits your definition of stealing, fine. I'll argue its jaywalking because it fits my definition of jaywalking. But then we might as well be talking different languages.

    The only reason to call it stealing is because the term has negative connotations. How about using a less emotive term?

  14. Re:Deserve by badasscat · · Score: 5, Insightful

    Indeed, I stand corrected. But I figure that difference is only an argument of semantics. Seems pretty much the same thing (in this case) to me.

    It is not even close. Nobody can "steal" GPL'd code - it is there for all to see and modify as they see fit. That's the whole point.

    What you can't do is take that code, modify it, sell the binaries and then refuse to give your contributions back to the community. That is what the CherryOS people have done, and that is a GPL violation. As the copyrighted code is provided under the GPL only under the terms of said GPL, violation of it is by extension a copyright violation.

    But you can't "steal" something that is freely available, so it is not just semantics whether or not it was "theft".

    Yes, it was wrong - that's not the issue. But just as we're constantly berating the RIAA/MPAA for their hyperbole on such issues, we have to be careful in what we say about GPL-related copyright violations too.. especially as this is even further removed from "theft" than what people do when they download music or movies.