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OS X Operating Systems Businesses Apple

CherryOS Mac Emulator Resurfaces 574

Clash writes "Following its initial announcement and subsequent controversy last October, Mac emulator CherryOS has finally been released. Its creator, Arben Kryeziu, found himself in hot water last year amid claims the software was simply stolen from the open source PearPC project. With the code now under public scrutiny, it appears that such allegations are true. According to BetaNews, CherryOS boots up in the exact same manner as PearPC, and its error messages and source files are nearly identical. The emulator also includes MacOnLinuxVideo, which is the same driver used by PearPC to speed up graphics. The CherryOS configuration file also closely mirrors that used by PearPC. Trial download without registration found here."
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CherryOS Mac Emulator Resurfaces

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  • by mosb1000 ( 710161 ) <mosb1000@mac.com> on Wednesday March 09, 2005 @08:21AM (#11887205)
    Sounds like some of the people on slashdot are developing respect for intellectual property. Be careful, our willingness to respect property is what makes it real. If too many people start to respect intellectual property, it will become as real as normal property.
  • by Anonymous Coward on Wednesday March 09, 2005 @08:28AM (#11887242)
    "So, how would BSD developers feel about creating something, having it ripped off..."

    The fact is that BSD developers are beyond that and the lack of ego is codified into the license. Its a much more 'mature' license in some ways.

    As such, you can't 'rip off' BSD applications as long as you leave the copyright files alone. You don't even have to display them, you have to leave the credits in there somewhere and we are happy.

    This post is licensed under the BSD. I'd prefer that you kept it under BSD, but if you want to edit it and take credit for it, feel free to do so.
  • by FidelCatsro ( 861135 ) <.fidelcatsro. .at. .gmail.com.> on Wednesday March 09, 2005 @08:29AM (#11887249) Journal
    Yes Emulation is fine , Although Stealing someones work and claming it as your own work is unethical and illegal in the way that it violates PearPCs license . This is not a DMCA type nonsence Copyright issue , This is blatently rebranding someones work without permission and selling it as yourown .
    No matter how you feel about Intelectual property , This is immoral , unethical and illegal and rightly so
  • by amonredotorg ( 807621 ) on Wednesday March 09, 2005 @08:34AM (#11887273) Homepage

    Let me quote something...

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    Which means that they'd still have to credit you.

  • by pe1rxq ( 141710 ) on Wednesday March 09, 2005 @08:35AM (#11887280) Homepage Journal
    You mean besides lying about it, and not telling people they have a right to the source code?
    (He should have supplied the License allong with the binary)

    Jeroen
  • It wasn't stolen (Score:2, Insightful)

    by 91degrees ( 207121 ) on Wednesday March 09, 2005 @08:39AM (#11887298) Journal
    The open source community still has it. No loss of property, therefore no theft.

    For people who believe in sharing, GPL zealots are incredibly possesive about intellectual property.
  • by Mysticalfruit ( 533341 ) on Wednesday March 09, 2005 @08:41AM (#11887311) Homepage Journal
    The distinction that your missing, is that he violated the GPL when he didn't acknowledge the PearPC work that he derivied (if he actually did any deriving (other than just changing every instance of "PearPC" with "CherryOS" (which any of us on slashdot could easy accomplish with 5 lines of perl or shell script)))

    He didn't enhance the product in any way, he just renamed it.
  • by pe1rxq ( 141710 ) on Wednesday March 09, 2005 @08:41AM (#11887312) Homepage Journal
    Under the GPL any software can be "hijacked" and sold on the commercial standpoint as another name.

    Yes you can sell it under another name and ask a billion for it... But you still have to acknowledge that there is GPL code in it and have to supply the source code upon request.

    Jeroen
  • by muhan ( 714007 ) on Wednesday March 09, 2005 @08:47AM (#11887335)
    If cherryos violates GPL, is someone going to actually try to do something about it? Where's the lawsuit? If not, the GPL might as well not exist.
  • by Lonewolf666 ( 259450 ) on Wednesday March 09, 2005 @08:48AM (#11887344)
    More exactly, you can sell a program ripped of from GPL project. But then you also have to provide source code and grant your customers the right to re-distribute as specified in the GPL.

    If you don't do that, you are violating the GPL and asking to be sued.

    If you follow the GPL, others can re-distribute YOUR program which will limit the price you can charge without being undercut by others. Linux distributions are a good example for this:
    Companies like Novell/SuSE can get away with charging up to 100 Euros for a nice package of installation disks, manuals and some installation support. But you won't find a 1000 Euro distribution without some proprietary software add-ons or extended support included.
    As opposed to the server versions of Windows, where the OS alone may cost some thousand dollars.
  • by A.K.A_Magnet ( 860822 ) on Wednesday March 09, 2005 @08:51AM (#11887354) Homepage
    Happens all the time. If anyone claims CherryOS is a bit suspect perhaps the same could be said about a number of the *BSDs. Ok , he's been a bit underhand but as far as I can see he's done nothing wrong and hasn't violated the GPL.

    That's where you're wrong not only for the OBVIOUS reason "if you fork a GPL software it must remain GPL" (and I just downloaded the installer and afaik the code IS NOT distributed along), but also because he denied having forked PearPC, where the GPL forces to keep the copyleft of the original authors (ok you can still say "it's my software I coded it all alone last saturday" and let the copyleft in the code, but then everybody can read it if it's GPL'd, so I think giving credit to the legitimate authors is something that the GPL implies)

    Even if the PearPC licence had been more permissive (MIT or BSD style), he would still be a moron who cannot even admit he just took the code.

    In the current case however, he's just a thief and I hope the PearPC developpers will get some support to sue and get the GPL tested in an US court.

  • Re:Deal with it (Score:4, Insightful)

    by PhilHibbs ( 4537 ) <snarks@gmail.com> on Wednesday March 09, 2005 @08:53AM (#11887373) Journal
    Absolutely. And the way to deal with it is to prosecute them for copyright violation. They have used the GPL'd code in a way that neither copyright law nor the GPL permits, and they should be taken to court for it.
  • by erroneus ( 253617 ) on Wednesday March 09, 2005 @08:55AM (#11887379) Homepage
    I don't know about any of that. I think it's more of "someone's taking from our community" is the feeling. Either this guy is a moron or someone bigger and darker is out there funding this guy's legal defense.

    It should be pretty obvious that this guy will have legal action taken against him at any moment. He has no reputation as a business owner that I can tell so he has nothing to lose. But this case would have interesting value to those businesses out there who have and who would use GPL code in their stuff. I don't think I'm being paranoid or dramatic when I suggest the possibility is there. After all, isn't it Microsoft that ultimately funded SCO's legal machine? Or at least partly?

    It will be interesting to see how this plays out, and I know that no one could disagree with that.
  • Re:GPL (Score:2, Insightful)

    by Nichotin ( 794369 ) on Wednesday March 09, 2005 @08:55AM (#11887380)
    And what if some crazy court decides that the GPL is invalid? Woldnt CherryOS still be guilty, as they now have no license to redistribute at all?
  • by nametaken ( 610866 ) on Wednesday March 09, 2005 @08:56AM (#11887385)
    The purpose of the GPL is to keep the code and any contributions open. Its specifically designed to keep people from taking 4 millions hours of your work, tinkering with it a bit, closing the source, and selling it off as your own.

    It really is all about protecting our ability to keep software evolving... not about ego boosts.
  • by orasio ( 188021 ) on Wednesday March 09, 2005 @09:08AM (#11887450) Homepage
    You are right. it's not stolen.
    There's no such a thing as "intellectual property".
    Anyhow, it violates the GPL, so it's unethical and a breach of the license they were handed. So they don't have the right to distributed the GPLed code.
    Unauthorized distribution.
    Theft of identity, maybe, they say they are the authors, and they arent.
  • Stolen? (Score:5, Insightful)

    by KJE ( 640748 ) <ken@kje.ca> on Wednesday March 09, 2005 @09:13AM (#11887479) Homepage
    Ok, stolen? We can't have it both ways. If it isn't stealing music, but copyright infringment instead, how is this any different? Just cause it's not the **AA being ripped off it's stealing now? Gimme a break.
  • by Otter ( 3800 ) on Wednesday March 09, 2005 @09:15AM (#11887494) Journal
    I was always wondering how developers behind BSD-licensed products felt about this whole thing. Before you pounce on me, I know PearPC is a GPLed product, but the way I see it, the risks are pretty similar.

    That's not a risk, it's the point of BSD licensing. Just because "the community" flies into a rage about "taking from 'us' and not giving anything back" doesn't mean the developers feel that way. Why do you think they decided to use those licensing terms?

  • by TheWormThatFlies ( 788009 ) on Wednesday March 09, 2005 @09:22AM (#11887535) Homepage

    You're missing the point. There is a kind of "theft" occurring, but what is being "stolen" is not the original Pear OS code, but the Cherry OS modifications to the Pear OS code.

    According to the GPL, if you take GPLed code and modify it, if you distribute it, you must do so under the GPL licence. In other words, any changes to GPL code that you release must be added to the pool of the world's GPL code. If you release a modification of GPLed code without releasing the source code, you are thus "stealing" resources from that pool, and from the open source community.

    This is the entire point of the GPL, and what distinguishes it from the public domain and the BSD licences.

    I have used inverted commas because the theft metaphor has been so frequently misused, and become so loaded with illogical connotations, that I don't think its use should be encouraged.

  • by 91degrees ( 207121 ) on Wednesday March 09, 2005 @09:23AM (#11887548) Journal
    It is illegal. Just not stolen.

    As to whether CherryOS is illegal or not - Well, the only way to determine this is to acquire a copy and check for violations of the GPL.
  • by Vo0k ( 760020 ) on Wednesday March 09, 2005 @09:34AM (#11887617) Journal
    Patents as such aren't wrong. It's the current implementation of both.
    The idea behind patents is:
    1) Work hard or some novel idea
    2) Get it to work.
    3) Patent it and start selling it without anybody in the way.
    4) Profit!!! - for funding more research on more novel ideas.

    How it actually works is:
    1) Find some obvious thing nobody thought to patent because it's so blatantly obvious
    2) Patent it. Getting it to work is optional.
    3) Wait till a bunch of people use it, then sue them.
    4) Profit!!! - for funding more lawyers.

    Copyright is similarly screwed up, though in most cases significantly higher degree of creativity is needed. Copyrighting silence, copyrighting a single black dot isn't as notorious as patenting triple click. Although in the Trademark field things are VERY screwed up. (site Mobil-X shut down because it's too similar to "Asterix" ????)
  • Re:Stolen? (Score:4, Insightful)

    by infolib ( 618234 ) on Wednesday March 09, 2005 @09:42AM (#11887681)
    Ok, stolen? We can't have it both ways.

    Yes we can. "We" are the several hundred thousand slashdot readers, not some hivemind, and people might use words differently. Now, if you could find a single person being inconsistent you'd be welcome to attack.

  • Re:Stolen? (Score:3, Insightful)

    by donscarletti ( 569232 ) on Wednesday March 09, 2005 @09:43AM (#11887689)
    Stealing is about wrongful changing of ownership. When one steals a toaster from a department store, that toaster in effect ceases to be the property of the store and wrongfully becomes property of the theif, and there are laws to return ownership back to the rightful party.

    When someone has intelectual property, they own the rights to it, they get the soul ability to control distribution, claim authorship and other rights.

    If someone makes a copy of it, they breech the distribution rights of the original author, however they do not take any of of those parts of the intelectual property. The property is the rights over the data, not the data itself. Only the data is copied, the rights stay where they are and no rights are falsely claimed by the person who copied it.

    However when they modify it, rebrand it and repackage it they are claiming those rights that are in effect the intelectual property. They are claiming distribution rights and claiming authorship.

    What would be equivilant is taking a good, but little known song, then putting it onto a CD and claiming that it is mine. That way the author gets neither the credit for the song, nor the control over how the song is distributed. It doesn't allow the songwriter to disallow the song from being used in ways that they would find offensive to their work, (such as in an album with Achy Breaky Heart and the McCartney/Wonder rendition of Ebony and Ivory) or contrary to their morals (such as in a hardcore fetish porn film).

    I don't pretend to advocate piracy. Control of distribution (such as through the GPL or other agreements) is part of the core of interlectual property rights. But it is a FAR cry from doing what these people did with someone elses software.

  • by R.Caley ( 126968 ) on Wednesday March 09, 2005 @09:45AM (#11887694)
    So, how would BSD developers feel about creating something, having it ripped off, and bandied about by someone else as if it was their own creation, with the original developers getting no credit?

    If they cared they wouldn't have used a licence which allowed it, so your question makes no sense.

    Put another way, it wouldn't have been `ripped off' but `used as intended'.

  • by RayTardo ( 779153 ) on Wednesday March 09, 2005 @09:53AM (#11887760)
    Not a legal precedent, obviously, but if unscrupulous developers see there's no retribution for doing this, they're just going to do it again.
  • by jdreed1024 ( 443938 ) on Wednesday March 09, 2005 @09:59AM (#11887791)
    Theft means taking without permission.

    But wait, I'm confused. I thought "theft" was actually depriving someone else of the use of something by taking it. I mean, that's why everyone says downloading music isn't stealing, right? So this shouldn't be stealing either. Or is it only theft when it applies to the GPL?

  • Yes Stolen (Score:2, Insightful)

    by Anonymous Coward on Wednesday March 09, 2005 @10:07AM (#11887852)
    If music were GPLed (as it was for centuries), making personal copies (as was done ever since tape recorders and radios came into existence) would not be copyright infringment.

    What CherryOS did was beyond this. They pretended that someone elses "music" was their own and sold it as their own. That's plagiarizing which has been frowned upon since people put pen to paper.

    Yes. It's stealing and no there is no conflict.

  • by Raphael ( 18701 ) on Wednesday March 09, 2005 @10:40AM (#11888191) Homepage Journal

    From my point of view, copyright is good if it is limited, both in time and in scope.

    If I write a book, an essay, a piece of software, or if I create some nice pictures or music, then I don't want to have my work copied by others unless I allow them to do so (the GPL or the Creative Commons licenses are ways to allow that under some conditions).

    I think that it is reasonable to allow authors to protect their original works for a limited amount of time. Most authors expect some kind of tangible or intangible benefits when they publish their works. Copying without permission may deprive them from these benefits, so it is good to have some copyright laws protecting the authors.

    However, these laws should allow fair use and should include a reasonable time limit. By "fair use", I mean having the right to make personal copies (including conversion to other formats - for example converting music or video to Ogg Vorbis or Theora) or to distribute short excerpts of the works. Note that "fair use" does not include distributing copies to your neighbors or to anybody else via the Internet.

  • Re:Um. (Score:2, Insightful)

    by sysgeek01 ( 866290 ) on Wednesday March 09, 2005 @10:51AM (#11888319)
    The GPL states that a person can download, make changes, redistribute, and sell a particular product. How does this violate the GPL? For Instance, If this violated the GPL than Trustix, Mandrake, Conectiva, CentOS, and many many more could have been taken to court a very long time ago for doing the exact same thing. The onlything CentOS got a slap on the wrist for was having the words "Redhat" in their code.
  • Here's why (Score:3, Insightful)

    by Jamie Lokier ( 104820 ) on Wednesday March 09, 2005 @11:58AM (#11889083) Homepage

    Because copyrights are healthy and patents, particularly patents on intangibles like software, are unhealthy. They're both artificial constructions of law, but their effects on people are quite different.

    Your question is a bit like asking: This looks very like one of the food threads that run here regularly, but with everyone on the other side of the line. If fresh fruit & veg is so right, why are McDonalds burgers so wrong?

    Copyrights promote creativity and competition. Patents punish creativity and competition. (And intangibles patents are worse as they also attack the basic human right of self-expression.)

    -- Jamie

  • by FidelCatsro ( 861135 ) <.fidelcatsro. .at. .gmail.com.> on Wednesday March 09, 2005 @12:35PM (#11889459) Journal
    Parent is obviously not Flamebait , And i will take the karma hit for being offtopic here ,
    All he is stating is the fact that apple didnt rip off xerox and that the grandparent is obviously a bad troll
    if you want to read about the Xerox GUI and the money apple paid to study it and improvments that were made by apple enginers to the design then a quick google search on the topic will help enlighten
  • by mosb1000 ( 710161 ) <mosb1000@mac.com> on Wednesday March 09, 2005 @12:48PM (#11889652)
    No, the difference is that "real" property is not just supported by law, but a strong consensus of public opinion. Very few people choose not to respect property rights. Many more people, but certainly not a majority of people in the US, do not respect intellectual property rights.
  • by AstroDrabb ( 534369 ) on Wednesday March 09, 2005 @12:53PM (#11889704)
    Did you RTFA? The problem here is that this guy has taken the code to PearPC and is trying to sell it as his own proprietary work _not_ under the GPL. Well, you cannot do that with the GPL. To put it another way, basically this guy went and took MS Office, made a few changes to the look and is now selling it as CherryOffice. Do you think MS would sit back and just smile at him? Hell no. He would be in court in no time at all. So exactly why should GPL authors sit back and let their own works be stolen and passed off as proprietary works?

    There is a _huge_ difference between code reuse and stealing code. If this guy simply was trying to sell CherryOS (really just the GPLed PearPC) but he kept it as a GPLed work, there would be no legal problems for him.

  • WAIT A MINUTE (Score:5, Insightful)

    by bonch ( 38532 ) on Wednesday March 09, 2005 @01:16PM (#11889995)
    I thought you couldn't "steal" something if you were just making a copy of it?

    As usual, in CherryOS articles, copyright infringement of GPL code mysteriously becomes theft. In P2P piracy articles, copyright infringement mysteriously becomes an okay natural culture movement.
  • by @madeus ( 24818 ) <slashdot_24818@mac.com> on Wednesday March 09, 2005 @01:24PM (#11890130)
    That's not a risk, it's the point of BSD licensing.

    You most certainly cannot use someone elses code under the BSD license and pretend you wrote it, which is what's happened in this case.

    If Pear had been released under the BSD license, the 'developers' of CherryOS would still be in violation of the license by claming they wrote it and that it's an origional work.

    If you don't care if someone takes your work and gets full credit for it, then there is no point in licensing it under the BSD license, just release it as Public Domain and be done with it, but it's rather implausible to claim that those who release code under the BSD license don't care about getting credit when that's the one big restriction it has.
  • Just like piracy? (Score:4, Insightful)

    by bonch ( 38532 ) on Wednesday March 09, 2005 @01:28PM (#11890209)
    Illegal, as in copyright infringement? As in piracy?

    I'm confused about the /. position on this.
  • by sum.zero ( 807087 ) on Wednesday March 09, 2005 @01:32PM (#11890281)
    " Nope, from the moment you modified the original source code to replace it with your own code, yours are still derived work even it does not have any source code in the latest release."

    this is sco's ladder theory and it is incorrect. if the final code does not contain any of the original work, it is not "derived." there are standard tests for code comparison [eg the abstraction, filtration comparison test]. it does help your defence in court though to clean room the development in case of any accidental code similarities.

    "Although I am not sure if Linux should be known as a derived work of Minix."

    it is not. linus built it on a "framework" of minix. in other words, the computer he used for the coding process ran minix. other than that they are not the same os. minix is a microkernel os and linux uses a monolithic kernel. even ast [creator of minix] agrees that linux is not derived from minix. it is a new, posix compliant operating sytem.

    sum.zero
  • by cduffy ( 652 ) <charles+slashdot@dyfis.net> on Wednesday March 09, 2005 @02:33PM (#11891202)
    Whadaya mean, "the /. position"? There is no one /. position.

    The sane position, though, is this:

    CherryOS isn't stolen code, because copyright infringement and theft are two different things. It does, however, contain code which is illegally distributed without a license (since the auther fails to accept and follow the terms of the GPL), hence its authors are evil bastards.
  • hahah... ooook... (Score:1, Insightful)

    by Anonymous Coward on Wednesday March 09, 2005 @02:48PM (#11891411)
    " as long as I am not making copies and giving/selling them to others." that IS 100% what "cherryos" is doing. they are selling pearpc without the copyright holders permission.
  • by Anonymous Coward on Wednesday March 09, 2005 @03:12PM (#11891727)
    GP post recognizes that some people like to write, but getting paid for writing allows more time to write.
  • by fm6 ( 162816 ) on Wednesday March 09, 2005 @03:19PM (#11891816) Homepage Journal
    Where's the lawsuit? If not, the GPL might as well not exist.
    That's the big problem Free Software advocates can't seem to face. They draw up a license that technically guarantees that Free Software remains Free. But suppose somebody ignores that license? The only way to make them stop is to sue them, and that's expensive. I very much doubt that Sebastian Balias has that kind of money.

    Nobody in the tech world seems to grasp that defending your legal rights costs money. Every time Slashdot does a story about another round of Cease and Desist letters [webtechniques.com], we get a ton of posts saying, in effect, "That's obviously lame, people should just ignore them." But the sad fact is, you don't know how lame any legal action is until you've gotten legal advice. Nor can you take legal action without that overpaid guy in the suit.

    Well, if you're very smart and very patient, you can represent yourself in Small Claims Court. But that's not applicable to this kind of issue.

  • Re:WAIT A MINUTE (Score:3, Insightful)

    by runderwo ( 609077 ) * <runderwoNO@SPAMmail.win.org> on Wednesday March 09, 2005 @08:02PM (#11895155)
    As usual, in CherryOS articles, copyright infringement of GPL code mysteriously becomes theft. In P2P piracy articles, copyright infringement mysteriously becomes an okay natural culture movement.
    As usual, with people trying desperately to expose the mythical Slashdot hive-mind, nonprofit sharing of copyrighted works without permission is morally equivalent to exploiting someone else's copyrighted work without permission for financial gain.

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