Slashdot Mirror
Asus Corrects Eee PC Source Code Issue
ozmanjusri writes "Asus has corrected the availability of source code for its Eee PC, and reaffirmed its commitment to meeting the requirements of open source licenses, including the GPL. They also announced the upcoming release of a new SDK to assist the Open Source community development on the Eee PC."
1. Release geek-oriented product nobody's ever heard of
2. Make it very obvious it's based on GNU/Linux
3. "Accidentally" screw up the GPL code release
4. Wait for Slashdot Story
5. Fix GPL code release
6. Trigger Slashdot follow-up story
5. Free advertising sells lots of product
6. Profit!
Do daemons dream of electric sleep()?
The EeePC has only been available publicly for a few weeks now. It was purely speculation that they were willingly holding back the code for asus_acpi and the other crap, and now they've corrected that mistake. Those 'critics' need to calm down sometimes, not every large corporation out there is trying to destroy the 'sanctity of GPL' at every opportunity.
you didn't actually read the article did you? no where does it say anything implying that the source code was "cleaned up" in this case to avoid complying with the GPL. Secondly, had they done so as you point out the binaries would not be the same, surely someone would have noticed.
Sigs are too short to say anything truly profound so read the above post instead.
Memo to these guys: you may not like having to live in your parents' basement, but you will find that a little tolerance of other people (and suppressing the hair trigger attack reaction) goes a long way when trying to lose your virginity.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Wow. I have mod points, but there is no "-1 where the hell did that come from" option. I do not disagree with your first sentence, but the remainder of your post is completely and utterly wrong, at least in how it pertains to Asus and this discussion.
"A company may not be even in a position to release the source code as it may be owned by a third party." Fair enough, but this article is about a company distributing a GNU/Linux system with a modified kernel module that is GPL'd. There is no third party involved and even if there were, there is no way that Asus could both legally distribute their version of GNU/Linux in binary format (installed on the device) and simultaneously *not* release the modified source code; regardless of said third party's standing on distribution of the code. This is GPL 101 type stuff. Check it out.
"Releasing newly written code with equivalent functionality or even rewriting GPL code and keeping the product closed source is considered enough to cure a license violation." That is so wrong I don't even know where to begin. How about you come up with some citations for that asinine bit of trash? I feel dumber for having read that.
For a product that hasn't been out that long, I would think that as long as it matches the binaries they send out from this point on would suffice. I mean, maybe someone could go after them for what was previously released, but why bother?
Live today, because you never know what tomorrow brings
That's not what it was designed to be. Picture a sales force or service technicians armed with these. Calendar, Google maps, IM, Open Office and Skype in less than a Kg. This is the unit that's going to put linux in a LOT of peoples hands. And who knows? Once they get used to Linux on the road, they might want it at home and the office.
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
Is it me, or is it funny how Asus gets free publicity for screwing up.
No, they get free publicity for doing the right thing, which, unfortunately, is uncommon amongst the business world.
Some of the posters see conspiracies every where (marketing strategy, ...etc.).
...
A simpler explanation is that in a large corporation, you have communication "issues" causing delays and lags. The technical folk may have finished their part of the project, but the web presence or product management folk has not gotten to publishing the source yet.
This is the classic left hand does know what the right hand does
Let us not assume bad intentions where no hard evidence exists.
2bits.com, Inc: Drupal, WordPress, and LAMP performance tuning.
As it happens he is slightly incorrect, but his basic point -- that it is possible to resolve a GPL violation without releasing code -- is valid.
The situation is that a GPL violation is like any other copyright violation. It can be resolved in two ways: either the violator can obtain a license from the copyright holder, or the violator must cease and desist the violation and pay damages. In the case of GPL violations, what typically happens is that the copyright holder says "comply with the GPL and you will have a license to use this code", so the violator complies with the GPL and everyone's happy. But it is entirely plausible that a violation could be resolved by the violator withdrawing the product or rewriting code to remove the infringing sections. The only slight flaw in the GP's statement is that this in itself would not necessarily be the end of the story, because the copyright holders could still demand monetary damages to compensate them for the violation.
And yet courts have been known to impose no or minimal penalties for patent infringement (if accidental and quickly corrected), trademark infringement (ditto), theft (if getting essential food and medicine in a disaster zone) and assault (if the defendant had reasons to believe that the victim posed an immediate physical threat). Why are you so sure that an accidental, small in scope and promptly corrected copyright violation will not be handled in a similar manner?
I think it speaks more to the skills of asus to market the concept to people. Nobody accuses openMoko of failing to disclose the source, because they did so from the start! Even if you wanted to hide your engineering from the world, the source code is part of the selling point to the eee. A more skilled Asus would have it available on day one, if not before, and be proudly trumpeting it.
I Browse at +4 Flamebait
Open Source Sysadmin
Yes, but I don't think I've ever seen someone try to argue that a kernel module linked directly to and distributed with the kernel isn't a derived work. The questionable cases have been, for example, the NVidia and ATI drivers. The argument in those cases is that the binary-only component is not a derived work of the Linux kernel, doesn't dynamically link directly to the kernel, doesn't use any Linux headers to be built and may even be usable without the kernel. The source-distributed shim that connects the binary-only component to the kernel is clearly a derived work, and those shims are GPL'd.
Even that case, however, hasn't survived a test in court. None of the Linux copyright holders have pressed the issue. If one of them did, it's not clear what would happen.
Although MadWifi is dual license, in this case linking to the kernel provides the GPL infection to force the decision.I agree, thought I wouldn't use the word "infection", because it's not accurate. It's not that being linked to the kernel forces the madwifi code to be distributed under the GPL's terms, it's that unless the madwifi code is distributed that way, the Linux kernel code can't be distributed. If anything, the "infection" goes the other direction. The presence of the madwifi code distributed without source "infects" the rest of the kernel it's connected to and cause the GPL to be inapplicable to it in this case. Without the GPL's permission, of course, Asus has no legal right to distribute the kernel code, even though they can distribute the madwifi code without source or an offer of source (in compliance with the BSD license).
Well again they have not yet replied to me as of yet so let's hope they also come to this conclusion and release this code.Absolutely. I suspect they will, and probably without much -- if any -- fuss. That's the best outcome for everyone.
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.