Current Owner of BeOS Code Claims Zeta is Illegal
Hank Powers writes "The legal status of the Zeta operating system that was derived from the source code Be Inc. left shortly before going bankrupt has been unclear for several years. Now, the current owner of the source code, ACCESS, claims "if Herr Korz feels that he holds a legitimate license to the BeOS code he's been using, we're completely unaware of it, and I'd be fascinated to see him produce any substantiation for that claim". The sales of Zeta have been suspended and so has the development been halted as well. OSNews has an article about the recent developments."
Now, the current owner of the source code, ACCESS, claims "if Herr Korz feels that he holds a legitimate license to the BeOS code he's been using, we're completely unaware of it, and I'd be fascinated to see him produce any substantiation for that claim".
Perhaps some insider can make this issue more clear (yes, I R'd TFA), but this seems like a non-issue. As I understand it...
This company ACCESS legitimately owns the rights to BeOS. Korz/YellowTAB never had any right to continue work on it as Zeta, and may even have started the project based on leaked source code. But PalmSource never cared, and YellowTAB never bothered doing more than sending nastygrams every few months, probably because they saw no possible financial incentive to do so.
So overall, this sounds an awfully lot like ACCESS has zero interest in BeOS/Zeta(/Haiku?), but their lawyers have advised them to send a periodic reminder of "oh, BTW, we own this", just so they can eat the whole thing on the off chance it ever becomes commercially viable.
So... Why does this count as news? It seems like just the status quo for the past six years, nothing new here.
Access, the company now stifling innovation with the dormant BeOS code, is also the Japanese mobile phone corporate giant that bought out PalmOS, lying about offering a smartphone running Linux with a PalmOS GUI/compatibility layer.
Funny how they keep spending money on OS'es that they never profit from. Their mission seems to be to kill OS'es that have a chance to innovate around Microsoft's monopoly. I wonder whether their license to deploy Windows phones in Japan was contingent on doing that kind of Microsoft dirty work, perhaps even secretly funded (or subsidized) by Microsoft.
--
make install -not war
Well, not exactly, it was actually two terriers fighting over a dry chicken bone.
"Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
watch out, something fishy about this link
"Funny how they keep spending money on OS'es that they never profit from. Their mission seems to be to kill OS'es that have a chance to innovate around Microsoft's monopoly. I wonder whether their license to deploy Windows phones in Japan was contingent on doing that kind of Microsoft dirty work, perhaps even secretly funded (or subsidized) by Microsoft."
You'd never be able to prove it, and making a public accussation will get you in "libal" trouble.
Don't you dare try and create your own based on my intellectual property!
Here's what happens if you do:
From TFA:
Object not found!
The requested URL was not found on this server. The link on the referring page seems to be wrong or outdated. Please inform the author of that page about the error.
If you think this is a server error, please contact the webmaster.
Error 404
www.osnews.com
Sat Apr 7 10:14:11 2007
Apache/2.0.54 (Linux/SUSE)
Its like watching the rise of Atari & Commodore fight
it out in a dirty mudwrestling contest on retro cable.
Oh for the days when Programmers didn't need to double major in Law.
It's actually informative, not tinfoil hat ranting like the GP.
'If Herr Korz feels that he holds a legitimate license to the BeOS code he's been using, we're completely unaware of it, and I'd be fascinated to see him produce any substantiation for that claim'
... (Score:2)
was Don't bother reading the article
davecb5620@gmail.com
How much code is out there that could be re-used, saving time & money, but we can't legally get to? It's a fork off the 'should software be protected by copyright or patent' debate. Sensibly, both patents and copyrights are limited in time, for just this reason. Holders of such rights are continually lobbying to extend them for unreasonable (to me) periods. Whilst I understand that an aging rock star would want to extend protection to - say - the end of his/her life, should this apply to s/w? How about a 'use it ir lose it' clause. Any s/w not actively marketed, supported and developed for 5 years, (which in an eternity in the tech world), should automatically become open source. Of course, anyone benefiting financially from this could/should contribute something to the owner of the rights...
It's funny how Access owns the code, yet they're not doing a damned thing with it. They've halted distribution of a product that isn't competing with their business, and if history is any indicator, they aren't ever going to release any BeOS-related software ever. They are an IP company, they buy stuff up, sit on it for a while then license/resell to actual inventors and manufacturers for a profit. This kind of business is one the most revolting abuses of the 21st century, because all they do is kidnap information for a ransom, potentially hiding it away forever if no buyer comes along to pay their inflated price. This type of activity precisely underlines the need for patent reform. This doesn't help anyone except the people cashing the checks, ultimately IP-hoarding hurts everyone as it stymies technological progress. BeOS had some great concepts ten years ago, but through the company's pitfalls and this now legal bullshit, the then-modern real-time paradigm is now grossly outdated. Why don't we all go out and buy all the fresh fruits at the market, then sit on them for a few years and see what's left of them ? It's a waste, it's stupid and it's inconsiderate. Access is all those bad things!
-Billco, Fnarg.com
Torrent link please
This has nothing to do with patent reform. They bought the copyright to BeOS.
Copyright does need reforming, but not for the case of technology. Copyright's should probably last only 14 years as opposed to a 70, but thats pretty damn irrelevant for software. And source code is usually under "trade secret" anyways.
...and it only appears now....
Gotta love slashdot. I also seem to have recalled explaining a few more things in my summary that would have prevented the fringe element from heading off into conspiracy land as well....
First off, the reason why ACCESS is only *now* responding on this issue is because Korz was making overtures towards open sourcing the code--something that ACCESS could not keep silent about. As Lefty says in his comments both at bitsofnews and OSNews.com, they'd been sending cease and desist letters for some time already and Korz was ignoring them. To try and take legal action would be only to invite lawsuits over code that ACCESS saw no income from; so why should they stick out their necks for a libel suit with the possibility of generating only negative income? It is only because ACCESS wanted to prevent any possibility of Korz giving away their property they chose to risk the possible libel suit now.
Secondly, 'Zeta' was a dead parrot. It was NOT truly being developed, because obviously Korz did NOT have access (pun unintended) to the source code or he would have done more with it. The only true successor to BeOS is Haiku, which as I stated in my summary is nearing its 1.0 release with all originally developed closed-room re-engineered code that is BeOS R5 compatible.
Third, BeOS Max PE which is developed by a Greek coder to be the best and most updated (using bits of third party hacks and including newer drivers for more hardware as well as bits of Haiku that work better than the old BeOS parts) may be forced to discontinue development. This is something that would be a tragedy, since it is thanks to Vaspar's work on this (free) project many of us are able to run BeOS on new hardware. And I say that as someone who bought BeOS in the store almost a month or two before the announcement they were going bankrupt.
--bornagainpenguin
... but it's another reason to use (really) open source software. No such thing whould happen with GPL/BSD/OSI...'ed code.
Time to join Haiku, I think...
--
Arkan
BeOS was a really good OS for its time, its a shame that its never gotten much of a chance. Imagine tho if OS X was actually BeOS.. it could have been..
Maybe Haiku will turn into something equally as cool.
Bringing liberty to the masses. - http://freetalklive.com/
Not in the least are they immune to the same sorts of troubles as some 'company' when IP rghts are violated.. Its just harder to shut it down when its some sort of distributed creature. But legally, there is really no difference.
---- Booth was a patriot ----
You must be new here.
coolness, Amiga Drama without the cool tech, it's dead, let it die, don't buy it, the quicker it dies a commercial death the quicker these a#$holes go away
as most of them go nowhere.
People would have to be using or willing to use BeOS/ZeOS.
The OS has been out for 10 years without any ownership debate and what kind of market penetration does it have? 0.000005% maybe? There could be a thousand people worldwide who actually run it 50% of the time?
Microsoft broke the law to get Windows where it is against OS/2, DOS clones and Mac, let's stop claiming that Linux and BeOS are losing on the desktop because of a massive MS conspiracy. They're losing because few desktop apps would run on them and consumers just want their Quicken, games, etc..
"Whoosh!"
I've been a big fan of BeOS ever since I first used it years ago. I was so impressed to be able to load it up on my obsolete dual proc pentium pro system and see it come back to life. Any other operating system I put on it was way too slow.. even Linux. But BeOS truly did take advantage of having two processors. Suddenly it was like I had a 400MHz Pentium II. It was a PC resurrection! But then, stupid Palm bought it and killed it. Development and especially interest in it all but died. This operating system was truly the best Operating system, potentially, for end users. This is what I wish the MacOS operating system evolved into, instead of OSX (not that OSX is half bad). With the impending release of Haiku 1.0, though, I am left wondering.. is it too little too late? The look and feel of it are so dated now. There are very limited applications available for it compared to other operating systems. Pooh on Palm for killing this OS. I hope it's not too late for it to make a comeback, but I wonder if the only way to make that happen is to open source it? Otherwise, I wonder if there will be the critical mass to modernize it.
Obviously, your submission was too soon :)
Here's a good read on how Microsoft's monopoly of old prevented BeOS from ever becoming a more mainstream OS. If you were to compare BeOS 5 with Windows 98/Me (back in those days mind ya) as far as being considered an overall good software product; BeOS would have won that vote hands down. This is something the DOJ should have focused their efforts on instead of the stupid web browser bundling saga! Of course if Netscape would have been bundled with Windows instead of IE, then Netscape would be enjoying the 80+% browser share today instead of IE!!
http://www.birdhouse.org/beos/byte/30-bootloader/
Windows never claims to be "real time", soft, hard or otherwise. The problem is that Windows can "go away" for tens of milliseconds (perhaps less with modern, faster hardware) to do things like disk accesses and what not without being responsive to interrupts or time slice preemption. The explanation is that they are trying to maximize throughput according to some metric than absolute millisecond-level responsiveness, which is what you need to do multimedia without sporadic frame hops. The other thing is that their time slice scheduling is quite course and if you are doing multi-threading (at least on single processors), you almost need to simulate a co-routine type of swapping back and forth by cross waiting and signalling of threads -- the time slices are too coarse to respond at the millisecond level.
The story I kept hearing about BeOS (and to a certain extent OS 2 as well) is that not only were these systems more finely grained, either in not having low-level non-preemptible tasks or having having less coarse time slices, the use of threads and the use of waits when one thread stalled and signals for waiting threads to proceed permeated programming GUI apps.
Windows, OS-X, the various Linux window managers, Java Swing, are pretty much all based on a message-passing non-preemptive cooperative multi-tasking type GUI that runs on a single thread. Yes you can use worker threads to help compute-bound or other apps, but the GUI runs a single thread and those worker threads have to synchronize with that GUI thread to display results.
Do OS-2, BeOS have multi-threaded GUI's? What were they like from the developer side? Were they a PITA to develop functioning GUI apps, or was the application-level multi-threading doable with the tools and protocols provided? Is there anything to learn from BeOS from the way they did GUI apps compared to the Windows, OS-X, Linux, Java Swing, and everybody else way of single-threaded GUI's?
Several years back when I had the chance to try out the various versions of BeOS on the hardware available at that time, it wasn't significantly better than its contemproraries. The file system was interesting, but having applications depend on features of the file system is a great way to create a software ghetto, like the Mac was before OS X: metadata about the file belongs in the file system. Metadata about the contents of the file belongs in files. The object oriented API might have been interesting, but it was too heavily based on an oddball OO language that was particularly hard to work with: C++. The kernel was intended to be part of a "Media OS", but it didn't make any attempt to provide real-time support.
There were some nice features in the shell (Tracker), but they could have been implemented on a conventional OS.
Performance was poor. The only OS it outperformed on the same hardware was the classic Mac OS... Windows, Windows NT, OpenStep, and open source UNIX were all faster. Of course the contemporary Mac OS was near its nadir of performance.
When the rumors of Apple picking it up, I was somewhat hopeful... it was definitely better than what they had.
When Palm picked it up I was horrified. Palm's existing OS was far better suited for the PDA, and it was looking like Palm was going to end up with some really nice and cheap handhelds... if yo could get a Palm to retail for under $50 (a target they could have easily met and suprassed by now) everyone would be using them in high school instead of calculators, and they'd have no competition. But instead of doing what they did best, they decided to go after Microsoft on Microsoft's turf... and went from an easily-maintained 80% of the handheld market to "who's going to buy them"?
BeOS? It's a poison pill. The Amiga of the '90s, without the virtue of EVER having had a hope in hell.
Offtopic, yes. But troll? What exactly about the post is a troll?
The object oriented API might have been interesting, but it was too heavily based on an oddball OO language that was particularly hard to work with: C++.
You had me until you said C++ was an oddball language that was hard to work with.
You had me until you said C++ was an oddball language that was hard to work with.
Just because something is popular doesn't mean that it's well designed, or even mediocre, or even following the usual design principles of things in the same class.
Consider the current US system of measurement, Microsoft Windows, or classic Mac OS. These are all oddball designs in a world of better systems, and cause (or caused) all kinds of problems for people who had to use them.
C++ is partly a throwback to the very earliest models of OO languages (like Simula), and partly a language crippled by the early implementations that used C as a back end. It's very difficult to interoperate with C++ from other languages, the early binding of method names makes it a poor choice for an OS API, and the mixture of objects and primitive C types leaves it open to all the type security problems of C... with few of the benefits of C's low-level design to compensate.
Props to Sam!
It's not the parts of a programming language that counts. What make a great language is how the parts fit together and what practices is in use.
I am sick and tired of lamers blaming poor coding and design on the language, especially C and C++.
The fact that C doesn't have automated garbage collection is not that big of a deal to any competent programmer. Now to a slacker, second-rate programmer, then yes, it certainly is an issue. And the irony is a crappy programmer will still write a crappy app in higher-level languages... the bugs may not be related to variable overloading, but they'll likely be just as obnoxious.
C/C++ is designed for performance and control. Java can't hold a candle to C/C++ in any mission critical application without requiring exponentially more resources. I know the Java fanbois don't want to hear it, but it's the truth. I have 20 year old C apps that are still running perfectly today. If you like high-level languages, that's cool -- some people like to use Microsoft Frontpage as well.. but don't say the lower level stuff is a problem when it isn't. It's just a problem for you because you can't be bothered to have complete control over your app -- you'd rather divest a significant portion of that in some third party library that will probably yield even more security holes in the future.