GP2X Linux Handheld Makers Don't Understand GPL
Bjimba writes "Apparently, the developer community is having a lot of trouble convincing the makers of the GP2X Linux handheld to comply with the GPL by releasing source at the same time as binary firmware releases. This link leads to a synopsis of the issue, and yes, it's my own blog, but there's no ads."
Works here, TFA in full :
I mentioned some time back that I was going to get myself a GP2X for Christmas. And so I did. Well, actually, under the Rules of Christmas at our house, my wife officially "got" it for me, just like I "got" her present for her. After seventeen years of marriage, shortcuts are allowed.
First impressions: I love this little unit. Runs a Linux 2.4 kernel, plays movies with mplayer, already has MAME ported to it... Really, it has everything in a handheld game/media machine that a hacker-in-the-old-meaning could want. Except for one thing. The kernel source code.
How could this be? This is Linux we're talking about! The open source poster child! (It most likely is GNU/Linux at that. I haven't poked around enough to see what other components surround the kernel. At the very least, bash is present.)
Well, it seems that the company that created the GP2X, Gamepark Holdings, is a couple of guys in some office space in Seoul. Perhaps some of you who follow the popular blogs remember Cory Doctorow's posts on BoingBoing.net when the GP2X was announced. He noticed the dreaded acronym DRM on their website, and raised alarms. Later, it was explained by the only person at Gamepark Holdings who speaks English that they didn't really understand what they were saying.
Apparently, they don't seem to understand the GPL, either. They (and their subcontractor Dignsys, who actually did the Linux port for the GP2X) have been approached repeatedly for release of their modified version of the Linux kernel. Reluctantly, they finally did so, releasing an early, out-of-date prerelease version of the source, which is useless to the developer community who would like to hunt down some of the current bugs. There are active discussions on the GP2X developer boards on the topic, as people try to find the best way to get Gamepark Holdings and Dignsys to comply with the GPL by releasing source concurrently with each new release of the GP2X kernel. Of course, as these sorts of threads tend to do, accusations have flown about all parties involved, most of it totally speculative.
So, herein lies the problem. This handful of early adopters, mostly in Europe and the Americas, is searching for a way to convince Gamepark Holdings and Dignsys to do what the GPL requires of them, without taking down the companies. This is a niche product, and they could complain until the cows come home and never get timely releases of the source. Someone with a bit of PR clout must be brought into the picture. But who? Linus? RMS? Cory? Larry? CmdrTaco?
After puzzling for a while (and yes, my puzzler was sore afterwards), I figured it was time to test the blogosphere. I decided to write a post about the situation as I saw it. This post. Now, I'll submit it to the tastemakers and see if anyone is interested.
echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
from the blog:
Later, it was explained by the only person at Gamepark Holdings who speaks English that they didn't really understand what they were saying. Apparently, they don't seem to understand the GPL, either.
Well, they understood how to get up an English web site. And they understood how to design a device and market it and take people's money. I think they are like anyone else, in that they understand as well as they want to...
It's cool that they chose Linux, but if they wanted to do keep from disclosing the source code, they should have chosen BSD.
For the other that have never heard of GP2X, they have a vid section here with demos. Just don't rape their bandwidth :)
Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
"Does that mean that the collective geekiness of slashdot can sue them if they don't comply? How does the GPL get enforced?
"
It gets enforced the same way as any other copyright infringement. The copyright holder files a lawsuit against the infringer seeking specific damages. The GPL is relevant, but only in the sense that the infringer has *rejected* the license, and therefore all rights under copyright law are reserved to the author. The infringer has no right to distribute the material, once he rejects the terms of the GPL.
Now if the party with standing to sue, chooses to take no action, then there will be no enforcement. It could be possible to serve a takedown order against electronic distribution, by a "good for the goose, good for the gander" reading of whatever copyright laws the media companies are using against consumers.
Probably much easier than pursuing a GPL violation case, would be to order them to cease and desist use of the trademark. The blog post indicates a desire among the community to persuade these people to follow the license without having to "Take them down." That's obviously not how it works. If this company can't be made to fear being ordered to cease production, they aren't going to be motivated.
If the FSF acted, they could probably get an order to stop distribution of the device in the US at least. Let the copyright holder file a motion for a temporary restraining order, stating the case against the distributor, the precise terms of the license, and the evidence that the license was violated. That's the first step. Do that. Don't expect a blog post to change anything!
Well, I rang the UK distributor, and spoke to a very friendly and helpful lady there. I told them I was interested in the GP2X but was concerned about the availability of the source.
She told me that she had just read the news herself. She said that 'Craig' - it sounds as though he is her colleague who deals with the manufacturer - was going to contact them himself. She said that she was sure he would put a post on the front page of their website http://www.gp2x.co.uk/ when he had some news. It does look as though they keep the news up to date on their front page.
So, if everyone gets their local distributor to help, maybe we can sort this out...
Michael Nelson