Abit Violating The GPL? 115
petard writes: "I just learned about Abit's GNU/Linux distribution, Gentus. According to this discussion, it seems that Abit has not seen fit to release source code to their modifications of various GPL'd utilities. Even worse, it appears that they've slightly modified BP6Mon (from redseb at GoUPiL) and released it binary-only and under the "Abit License"! " Allright, everyone turn off the flames and concentrate on making sure that they are in fact distributing in binary-form-only GPLd code. We need a good contact point @abit to send a polite reminder. If you can't be polite, you won't help anything.
Bad Bad Abit (Score:1)
Speaking of GPL disputes.... (Score:1)
They don't have to mail the source to you. (Score:1)
They don't have to post the code to a website. They don't have to e-mail the code to anybody. They don't have to wipe your ass.
Corporations can play by the GPL rules and not "get it" or be "community friendly". These things are not mutually exclusive.
This gave me a bad feeling. How many authors of GPL software really understand the GPL? Not many. (How many authors have gone spouting-off about the GPL without reading it entirely?)
You just need one person to buy the media, perhaps as part of a mobo package, and republish the code.
abit isn't as bad as j/k (Score:1)
Fellow geeks: listen to your boiling blood and follow your heart. Make illegal copies of Katz's book and post them on the internet, everywhere. After all, we own part of what is contained in that book.
Jon Katz, I damn you. If you ever find yourself down on your luck, don't expect to get receive pity from us again. You used this community to rebuild your pathetic career, and look what you give us in return.
You soaked up the blood of those bullet riddled corpses with the pages of that book. You stole the cries of all maligned geeks in this world. You'll make your quick buck, and you'll think you're content, but I promise you that those unresting spirits will haunt you for the rest of your days.
Jon Katz, raper and pillager of the very souls he claims to defend.
You are a monster.
Re:Good for them (Score:2)
Anyway, the GPL only applies in the US. Taiwan, AFAIK, IANAL has NO intellectual property laws whatsoever, so in fact ABIT can do whatever they like and there is nothing (apart from sending in the marines) that the US can do about it.
Kind of interesting that. US law only applies in the US. Is that SO hard to understand ?
and don't even get me started on the unenforcability of the GPL/
Re:Rather than cautioning the flamers... (Score:2)
Heck, there isn't even a source rpm in sight for *anything* in their distro.
Re:Good for them (Score:2)
I also find it funny that your taking the defence of 'People need to make money' when their distro is quite simply RH 6.1 with a few visual changes to some of the Gnome utilities to make it look more branded..
Re:Abit (Score:2)
Re:Well... (Score:1)
Re:Doesn't sound illegal, yet. (Score:1)
No, you don't. But you do have to provide source upon request--referring to someone else who's providing it does not count.
Re:GPL and "stealing" (Score:1)
> It is the nature of the GPL to coercively steal others' work. It is not immoral to resist immorality.
Ok, I'll bite. (I know, I shouldn't, but I'm not doing anything other than waiting for the latest n-MB download of debian packages to complete)
It is the nature of the GPL to offer people strong incentives to free their work in the sense of the GPL, by allowing them to then combine it with other existing GPLed software.
If you wish to have nothing to do with GPLed code, then the GPL will have nothing to do with you.
I won't even touch the implicit rejection you make of the stance the GNU project takes that open code is more moral than closed code. That way lies unending recursive holy wars.
So not funny, just trolling? (Score:1)
And you know what? I think I'm going to counter-rant. If only because maybe I just might be able to convince you just how inappropriate this troll is.
Yes, it's true that the comments are owned by the posters. But by putting them here, we've made them public (Slashdot should consider clarifying this). Rather like the BSD license, in a way; we own the comments, but anyone can see and use them so long as proper credit is maintained. Katz had the right to do what he did, both with the e-mails he recieved (as letters written to him, he does own them) and the posts. Depending on your point of view, he may have had the responsibility to do what he did, and I believe he sees it this way. And if he does make some money off of it, so what? Considering the good this book has the potential to do, he deserves a reward for it.
Jon Katz used us. He is a thief, but worse than Abit, because we trusted him. We took an outsider into our group of outsiders, and he defiled us.
Really? Explain what was so defiling about what he did. What, did you post something you didn't want made public? That's just stupid; never post something on a public forum that you wouldn't mind every pair of eyes on the face of the planet reading.
You just couldn't stand not getting all the credit for yourself, could you?
But he doesn't. He doesn't take the credit for a single one of those postings. He doesn't give names, but that's for a damn good reason (and one which is quite common practice in this type of journalism; it's called "protecting the innocent.") But he doesn't attribute the letters to himself at all.
You soaked up the blood of those bullet riddled corpses with the pages of that book.
Really? Books aren't that absorbent, you know. Columbine was a terrible tragedy, yes. But there is a greater tragedy going on, one of which Columbine is only a sign. This tragedy is what the book seeks to bring to light, so that even in something as horrible as Columbine, there may be some good.
You stole the cries of all maligned geeks in this world.
One: I hardly think every single geek in the world posted on Slashdot, and certainly they didn't all get into the book.
Two: He did not steal them. We posted those cries to Slashdot so that they may be heard. Katz is trying to make them heard even more far and wide than is possible with Slashdot alone. Is this so terrible?
Jon Katz, raper and pillager of the very souls he claims to defend.
Raper and pillager? Hmmm; I wonder what would happen if I asked a group of rape victims what they thought of this situation. Or even victims of armed robbery. I get the very strong feeling that you'd be rebuffed, probably quite angrily.
You are a monster.
A question for you. A group of oppressed people cries out for help. Who is the monster? Is it the person who makes those cries heard, even though he may recieve some reward for it? Or the one who would keep those cries shut off from the world, locked away where only other oppressed peoples can hear it, thus ensuring that the help they so desperately need will never come?
And if Katz is a monster, then so am I. I did a speech on this very subject last week, using several of the letters sent to Katz in the Hellmouth series (and concluding with Eric Harris' suicide note). I got an A- (highest in the class), and a very long question-and-answer session afterward. I got a reward, just as Katz will; am I so bad? I like to think I might have been able to raise awareness, even if in only one person (or perhaps more; I'll never know for certain). One person who may well teach his children to respect those who are different. One person whose children may then teach their own children to respect those who are different. And I think I touched more than one heart that day. Does a monster do this?
No. A monster would keep the cries of the geeks shut out to all but other geeks (since, let's face it, who else reads this site? We're all geeks, and we're all damn proud of that fact). We can help each other, but together with non-geeks, we could make true progress. This "geek separatism" you seem to proclaim would make you the monster, not me, and not JonKatz.
Can't talk to Abit (Score:1)
So... I subscribed to linux-abit mailinglist. Seems a LOT of people have had troubles with the board (many have not as well). So, what to do? Bad board, contact Abit, right?
If there is one constant on the list, it's that mail to Abit goes straigt to
Hello, Abit? Will you EVER respond?
Re:Good for them (Score:2)
The GPL isn't a US law. It's a software license that applied to ABIT as soon as they distributed a copy on a CD with one of their motherboards.
ABIT sells motherboards to distributors in other countries. Those countries can certainly control the import of ABIT products.
This whole thing has nothing to do with the US or it's laws. Anyway, ABIT is certainly going to do the right thing here. They have made a killing selling to Linux users (among others) and they have no business reason to make money off the software. They are a hardware business.
Wierd, I ran into this last night... (Score:3)
First off, I think its really slick that they include a Linux distribution with their motherboards. People should be really careful about how they talk to Abit about this -- don't flame them or attack them, but be polite about pointing out the issue.
I wanted to recompile their "extra" modules -- the stuff for monitoring system temperatures and stuff, to work with the 2.2.12 kernel that came with RH 6.1. Lack of source was annoying but I ended up just upgrading the kernel too, to the Abit version and everything works great.
I'm not convinced that they're really violating the GPL anyway. I don't get from the GPL that I have to distribute source to a package I'm distributing in binary form if that package consists of third party source code available elsewhere and thirty party source patches, also available elsewhere.
I didn't see anything in their distribution I couldn't get and compile from other places on the net. The only difference seemed to be that the configuration of the software, and the packaging made it convenient to install.
Does this really violate the GPL? Does anyone know of a specific package included in the distribution that consists of patches to GPL'd software where that source and patch aren't available elsewhere?
I think this is an overreaction...
Re:Source is available... (Score:3)
The kernel sources DO include their patches, and work fine.
If you got the RedHat 6.1 SRPMS, and added a few (freely available) patches to them, you'd have the Abit distribution...
So source is available for the whole thing.
miscommunication (Score:1)
This is probably simply due to miscommunication through abit's management. The people who write the software are going to be much more likely to understand the licensing of GPL software. By the time it gets to distribution they simply slap it on a cd and out it goes. Once the proper people are informed the situation will be remedied quickly.
The true question is if they will release their source, or pull it alltogether.
The problems will come when a company modifies GPL'd software and releases it under their own license but denies using GPL'd sources. This could be difficult to prove and will take legal recources.
Hmmm, has anyone thought of what to do in this case?
binder
GPL really that hard to understand? (Score:2)
I for one have a hard time believing this. I first encountered the GPL when I was 17 years old, with zero experience with the legalese that licenses are written in. I had no trouble understanding the rights and restrictions carried by the GPL.
I just can't believe that any large corporation could possibly "misunderstand" the language of the GPL.
That leaves 2 possibilities: willful violation or just not bothering to read the damned thing. I can see the braindead types of technically clueless people who run corporations doing this: "Linux? Oh yeah, it's free! We can do whatever we want with it! Those moronic geeks, we'll make millions off of them!"
Maybe I'm just bitter...
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Re:GPL question (Score:2)
That doesn't sound correct. Section 2b of the GPL reads:
The original question was:
Which to me clearly fits into this category and must be GPLed. This is why the LGPL exists, so that programs or libraries designed to be linked to (libraries, etcetera) can be linked to by commerical non-GPL software packages.
How far this goes is totally beyond me. If MS Office were to suddenly start calling ispell, I don't think it would apply. As for a hard technical definition of why it wouldn't... I don't know.
http://www.gnu.org/copyleft/gpl.html [gnu.org]
http://www.gnu.org/copyleft/lesser.html [gnu.org]
Re:Good for them (Score:2)
And the evidence that makes this apparent is?
This Business Law in Taiwan [wongtsai.com] page says
and this page on "Steps to Selling in Taiwan" [216.22.226.41] (which appears to be on a US Air Force site - go figure) says:
and here's something that I infer is a translation of the copyright law itself [taie.com.tw].
Re:Well... (Score:1)
Isn't that where everyone keeps their important documents?
You guys take the cake... (Score:4)
You guys really take the cake. Here's an entire distribution full of modified GPL software, and you take a "let's be friendly" approach. Be accidentally includes some GPL'd debugging code, which wasn't even usable by applications, and the whole OSS community freaks out.
Abit is a huge company, that presumably has the resources (legal, QA, whatever) to check into this sort of thing. Be is a small company that's struggling to survive in a Microsoft-dominated world (you know, just like Linux was until a year or two ago). Did you mean to suggest that small companies are to be reamed at every opportunity, while large companies are to be given the benefit of the doubt?
Re:Good for them (Score:3)
The source of the distribution is irrelevant if it is being distributed in the US where, coincidentally, US law does apply, and anyone who owns code on that distribution has every right to go after their American affiliate (if such a beast exists) or their American distributors for criminal and civil penalties under US copyright code.
IT IS ALPHA CODE ANYWAYS.!! (Score:1)
Re:IT IS ALPHA CODE ANYWAYS.!! (Score:1)
This was posted over at HardOCP
To Kyle from ABIT:
Infact 99% of the source code of Gentus Linux is included in the directory "/REDHAT/RPMS/" of the CD tile. If you install Gentus with the "everything" option or select "kernel source" with custom option, the code will be on your hard drive. The source code is also availble in "/usr/scr/linux/kernel/". The only part that is not released yet it the ABIT PerMon Toolset code. We are discussing now when and how to release it.
Thanks,
Jeremy
ABIT
Vertigo1
The Source Code is Available (Score:2)
From the Gentus Linux homepage tech support FAQs:
http://www.gentus.com/faq_a06.html
They do not have available for download a separate iso image for a source CD. That is because ALL the source is available elsewhere. I don't think this violates GPL. While they do not specifically supply all of the source for everything on their distro... they DO tell you where you can get it for next to nothing. All the tweaks they do to commonly available source is in
No. (Score:2)
The filesystem tree is a standard Red Hat CD, and RedHat/RPMs has only the binary RPMs. No Source.
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Looks like it's being discussed already (Score:3)
(http://www.gentus.com/ubb/Forum1/HTML/000214.h
==============
hi,
I am in no way representative of Abit on this subject of Gentus. However, your concern has being understood, and thanks for voicing your opinion.
I will try my best to pass on the message to the management.
regards,
Tim
---
Confusing the issue (Score:3)
2) Saying "oh, company B has the source, go get it from them" hardly seems like fulfilling the terms of the GPL. It's certainly against the spirit, if not the letter, of the license. Why is it Red Hat's responsibility to provide source for the Abit distro?
3) They have actually modified many of the packages, so pointing to Red Hat for source information is just plain wrong. The source for these packages is certainly not there.
---
Perhaps lessons were learned (Score:5)
Just because Abit is huge doesn't mean that you shouldn't take the time to gather facts, and compose a thoughtful response.
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Re:No kernel source, eh? Yeah (Score:1)
Re:GPL really that hard to understand? (Score:1)
Re:You guys take the cake... (Score:1)
The linux community has been accused of overreaction in the past, and I for one am glad to see OSS supporters giving people the benefit of the doubt while the truth is sorted out. Be was also given the benefit of the doubt, and the situation is being resolved. If it turns out Abit really isn't making the source code available, then you'll see the violent onslaught.
People are chilling out. it's a good thing
Re:You guys take the cake... (Score:4)
I try to be a level-headed person, and don't encourage rampant flaming. However, the Linux community's greatest asset in cases like this is the ability to generate noise and "buzz". Right now, we should be spreading the word that Abit seems to be violating the GPL. Tomorrow, it should that they *are* violating the GPL. And next week, the boycott should start, and we should be in stark-raving-Stallman-ESR mode. Not flaming, but sticking to our ideological guns and using our *significant* weight in the technical community to rein in Abit, and to prevent this from becoming a common occurrence. We need to make it known that if a company violates the GPL, we're going to notice and get mad about it. Otherwise, they'll never learn, and we'll keep going through this time after time, and eventually, they might win.
We don't have the usual tools that Big Companies[tm] do to keep each other semi-honest (lawyers, contracts, hit-men). We need to use what we do have, our brains and mouths.
Don't flame before get Abit statement (Score:1)
It would be great if someone sets an Open Letter for them (if this gets confirmed) and then millons sign it...
(Personally, I think that the Open Source Community looks bad when a company, that's interested somehow in Linux and Open Source Software in general, gets tons of flame mail and trolling...I preffer Open Letters)
If True. (Score:2)
Like rats, for every single rat you see, there's ten more hiding.
Perfect Timing! (Score:3)
I really hope Abit releases the sources. It would be great to actually pick my distrobution
Re:You guys take the cake... (Score:1)
Re:abit (Score:1)
Re:Any commercial redistributer MUST provide sourc (Score:2)
3b says they satisfy the requirement if they...
Accompany [the software distribution] with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of [the GPL] on a medium customarily used for software interchange....
So, if they didn't include an offer to supply the source, Abit broke the GPL. But, if they make the offer in the future, and attempt to make the offer to those who purchased it before, then I'd say that all would be well.
Re:You guys take the cake... (Score:2)
As is obvious from your contact info, you are pretty into BeOS. Great, so am I. Well, with the "Be GPL Fiasco", I noticed something.
Anyways, I just thought I would point out that both times, the
Doesn't sound illegal, yet. (Score:2)
- They allow people to _GET_ the source... you don't have to privide source with binaries.
- That they don't modify the license.
I'd be willing to guess that the executables they changed still has the GPL in them.
As for their license being attached. I'm willing to make a guess that its for their programs and not the GPL'd programs. Besides, I have never heard of anyone knowingly violate the GPL. Its usually some clueby lawyer thinking he's doing his job.
Re:Doesn't sound illegal, yet. (Score:2)
Re:Perfect Timing! (Score:1)
First, unhook hdd from the UDMA controller and plug it into the corrisponding IDE controller (ie, if it's the primary master on the UDMA controller it should be the same on the IDE controller).
Second, install whatever distro you chose.
Third, get a clean kernel source (since the ones distributed with most distros never patch cleanly) and grab the patch you mentioned. Build and install this kernel. You should probably put it on a floppy as lilo might not entirely like this procedure.
Now you put your hdd back on the UDMA controller and reboot. The UDMA controller now becomes
If you have any problems my email is spam@drexel.edu.
fscked up moderation script. (Score:1)
I'm e-mailing rob.
I'm also posting in the hope that it will just blow my moderation away.
It's a Karma thing (Score:2)
However, if they expect to maintain any level of respect in this community, they shouldn't abuse and insult us in this manner.
Their intentions do seem to be to help this (greater Linux) community with their modifications, but their approach is a kind of anti-Robin Hood. They are a rich company stealing from the "poor" (aka non-profit) GPL coding community. Hopefully it is just a temporary breakdown in communications, after all, they are a Taiwanese company therefore not primarily English-literate.
(PS. I'm an ASUS user (P2L97-DS), so it's a technical non-issue for me.)
Re:miscommunication (Score:1)
Granted, it may be difficult to find that out, but if you found enough signs of a copyright breach it shouldn't be too hard.
Just drag them to court, show the judge your evidence and get him to order the offending company to open up their source to the court. Then the judge could consult an expert under NDA, who would find out the truth.
Re:Abit (Score:1)
Any commercial redistributer MUST provide source. (Score:2)
This just isn't so. Read section 3, it's very explicit about that. Only non-commercial redistributers (ie, if I burn a copy of a RedHat CD for a friend) of unmodified binaries are allowed to make the offer of source from a third party -- and then only if that redistributer received such a written offer in the first place.
If the CD I'm copying also came with a CD full of source, and no written offer that the source was on some ftp site (regardless of whether the source really is there or not), then I have to burn a copy of that source CD for my friend too (no written offer, no third-party responsibility).
In effect, the GPL only allows source distribution, with the option of including a precompiled binary as a convenience. (I know, that's not the wording, but that's the effect.)
Re:Abit (Score:1)
This isn't about boycotting or anything like that. The GPL is designed to prevent slavery and enforce freedom. Abit is enslaving unsuspecting members of the community by not distributing the source for their modifications. This is serious! Someone could unwittingly purchase an Abit board with the included pseudo-distro, and end up locked into Abit's proprietary and subjugating modifications, with all choices stripped from them.
Rather than cautioning the flamers... (Score:1)
I agree with Taco (Score:1)
Yes. It doesn't matter how big the alleged perp is not how bad the alleged crime. The first step is ALWAYS "determine the facts". In this case, we need to determine:
Is the software Abit is distributing GPL'd (vs, say LGPL'd)?
Has that software been modified?
Is it being distributed publicly?
What does Abit say to the above and about the situation in general?
Some of these questions probably already have answers. That's not the point. The point is: Did we ask them BEFORE starting an email "campaign"?
--
Have Exchange users? Want to run Linux? Can't afford OpenMail?
Re:don't you *dare* diss the BP-6. (Score:1)
Source is available... (Score:2)
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Re:GPL question (Score:1)
Re:Perhaps this is..... (Score:1)
Re:Abit (Score:1)
Re:Wierd, I ran into this last night... (Score:1)
And thus you can't possibly do anything except rant like a lunatic. Until you can prove that they are in violation of the GPL any kind of claims along those lines are just defamation. Any kind of demand for source code can be met with a stony silence.
Re:Wierd, I ran into this last night... (Score:1)
----
What's more is that it looks like the one of two things is true (and has been true for years):
1 - the FSF is in violation of the GPL by distributing on CD-ROM GPL-ed software at substantially more than the physical cost of duplicating, or
2 - they are saying that the human time cost can be charged in which case the whole clause for a fee based on the physical duplication cost is irrelevant. One could charge $1,000,000 for a copy of a program and just charge it as the human cost in duplication.
Re:Good for them (Score:2)
The point isn't that the GPL only applies in the US, it's that there are (apparently) no IP laws in Taiwan. The GPL isn't a law, it's a license that lays out the terms you are allowed to distribute software under. All of it's enforcability comes from copyright law. In the absence of copyright law then the license is moot.
But the main point the originator of this subthread missed is that a company doing business in a country is bound by that country's laws throught the process of that business.
Re:Source is available... (Score:2)
Merely not distributing a clearly documented source package is not indicative of a whole slew secret GPL violations.
Re:Wierd, I ran into this last night... (Score:2)
Only if it's code that has been modified. I can take gcc compile it, distribute the binaries and not give anybody any source code. Unless you can prove I modified it it is not a violation of the GPL. I am not required to provide a download site for every GPl-ed piece of software I distributed if the source is available elsewhere.
Abit (Score:2)
Abit - release your source - Many of the community, me included will NOT buy your products if you do not release your source code.
Re:Well... (Score:1)
Re:If True. (Score:3)
The whole Open Source concept (ie: freedom, not beer) escapes a great deal of people. They seem to waffle at the philisophical, as well as technical, aspects of Open Source. What they focus on instead is software that you can buy cheaply OR download for free. Corporate business types are especially prone to this. The end result? Open Source software is labled as "freeware".
Freeware? Beer! Grab.
Freeware has a whole different "feel" to it - from the old "get what you pay for" mentality to the free lunch crowd. The GPL must cause a great deal of confusion for these folks when they're eventually forced to look over it again.
On a semi-related side note... some of those in the industry do not help matters. SUN, for example, seems to enjoy labeling anything GPL as "freeware". You'd think they know better. In fact, I suspect they do.
Re:Wierd, I ran into this last night... (Score:2)
No no no no no. There is absolutely nothing in the GPL that prevents you from charging for software. (Section 1 of Terms and Conditions [gnu.org]: "You may charge a fee for the physical act of transferring a copy".) You just can't charge those people who buy the software for the source, at least beyond cost of duplication. (Section 3b: "to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code".)
Re:Wierd, I ran into this last night... (Score:5)
Re:No kernel source, eh? Yeah (Score:1)
Re:I agree with Taco (Score:1)
But at first I made sure they violated GPL.
Yes, I have checked all the Gentus CD to make sure Abit didn't include the source to Gentus and modified BP6Mon to 'Abit' license.
I personally checked all the modified RPMs and found them really modified.
I sent them email and they didn't respond.
I asked staff at Gentus discussion page and they didn't respond.
Then I started a thread with that provoking title about violating GPL.
It's really the author's business (Score:1)
When someone violates the GPL, as Abit is alleged to have done, what they are doing is distributing copyrighted software without a license (the GPL does not apply, since they are not complying with its terms). The appropriate response is for one or more of the authors to contact the offender and discuss licensing terms.
The author(s) may insist that the GPL be complied with, but they are fully within their rights to grant special terms to their own code, if they think it justified. Of course, all the authors would have to agree to new terms. [This may be possible in this case, since there is only one author (or a small number of them), but would be essentially impossible for something like the Linux kernel.]
Re:Wierd, I ran into this last night... (Score:2)
Also, the licenses are there in plain sight, and changing the GPL license on a piece of software to Abit without the permission of the copyright holders is completely illegal.
--
No more e-mail address game - see my user info. Time for revenge.
Re:GPL really that hard to understand? (Score:1)
Re:Well... (Score:1)
Re:If True. (Score:1)
Re:Abit (Score:2)
Well if Abit puts up only a token defence this would easily be appealed and overturned by any future case, so no precendent would be set.
If the GPL is to be tested it should be against a properally done defense, because if it stands against that, then it should stand against future arguments.
I Wonder How many flames they do get... (Score:3)
We all know that some really foolish people are going to take it upon themselves to flame abit. It always amazes me how people who don't have any right to flame do. I believe that maintainers (Or significant contributers) to a software project should be the people with the right and need to contact the offenders. Not some guy who happened to read a news article. I guess it's just mankinds want to cause change.
Re:You guys take the cake... (Score:4)
I read Slashdot every day and I've never flamed a company for GPL violations. It's not my code out there, and these companies aren't violating my license. Remember that everywhere you go 99% of everybody are idiots. Especially on the internet. Here's a little something to think about:
Re:Source is available... (Score:2)
If you got the RedHat 6.1 SRPMS, and added a few (freely available) patches to them, you'd have the Abit distribution...
Not necessarily. There are more RPMs changed than just the kernel. There's no way as yet of knowing what the other changes actually are, Im afraid.
Pax,
White Rabbit +++ Divide by Cucumber Error ++
Re:Wierd, I ran into this last night... (Score:2)
I'm not convinced that they're really violating the GPL anyway. I don't get from the GPL that I have to distribute source to a package I'm distributing in binary form if that package consists of third party source code available elsewhere and thirty party source patches, also available elsewhere.
At the very least, if they're distributing binaries derived from GPL'd code, they must provide the modified source. It is unclear to me yet if these RPMs are Abit-derived, or based on other people's patches, but without source its impossible to tell.
Additionally, it seems that at least one RPM has had the copyright altered from the GPL to Abit-owned. That's also not permitted
Pax,
White Rabbit +++ Divide by Cucumber Error ++
Re:Rather than cautioning the flamers... (Score:3)
The story is straight, although possibly a bit premature, since there appears to be a possibility that someone cluefull at Gentus has realised the situation (see the last message on the discussion board page).
Ive already emailed Gentus, a few days ago. Their stance appears to be that supply their modified kernel as a source RPM, they are conforming to the GPL. The way is appears to me from the email Ive had is that someone is confusing supplying the kernel source with the distribution source.
Pax,
White Rabbit +++ Divide by Cucumber Error ++
Re:Source is available... (Score:3)
Has anyone actually pulled down an ISO and burned a CD?
Yup. It appears to be a bog-standard RedHat 6.1 (Cartman) distro, with certain RPMS replaced by Abit's own versions. In subdirectory /RedHat/RPMS (Yup, unlike LinuxOne, they haven't even sed'd RedHat with Abit in the copyright or anywhere) the following RPMS are Abit-specific
I810X-1.0-3abit.i386.rpmX11R6-contrib-3.3.6-1abit.i386.rpm
gmc-4.5.42-6abit.i386.rpm
gnome-core-1.0.54-2abit.i386.rpm
gnome-core-devel-1.0.54-2abit.i386.rpm
hdparm-3.5-1abit.i386.rpm
indexhtml-6.1-2abit.noarch.rpm
initscripts-4.70-1abit.i386.rpm
kdesupport-1.1.2-3abit.i386.rpm
kernel-2.2.13-13abit.i386.rpm
kernel-2.2.13-13abit.i586.rpm
kernel-2.2.13-13abit.i686.rpm
kernel-BOOT-2.2.13-13abit.i386.rpm
kernel-doc-2.2.13-13abit.i386.rpm
kernel-headers-2.2.13-13abit.i386.rpm
kernel-ibcs-2.2.13-13abit.i386.rpm
kernel-pcmcia-cs-2.2.13-13abit.i386.rpm
kernel-smp-2.2.13-13abit.i386.rpm
kernel-smp-2.2.13-13abit.i586.rpm
kernel-smp-2.2.13-13abit.i686.rpm
kernel-source-2.2.13-13abit.i386.rpm
kernel-utils-2.2.13-13abit.i386.rpm
lilo-0.22-7abit.i386.rpm
linux_logo-3.01-1abit.i386.rpm
mc-4.5.42-6abit.i386.rpm
mcserv-4.5.42-6abit.i386.rpm
redhat-logos-1.1.0-1abit.noarch.rpm
rhl-gsg-6.1en-2abit.noarch.rpm
rhl-ig-6.1en-1abit.noarch.rpm
Pax,
White Rabbit +++ Divide by Cucumber Error ++
I'm already talking to Gentus 'bout this (Score:5)
As someone who's already raised the issue with Abit, it seems there's a bigmisunderstanding on Abit's part. NB: I have comments posted already on the Gentus discussion page mentioned
Ive already formally requested information on obtaining the source code from the two discussion forum moderators, as well as directly through Abit. Both the forum moderators appear to be of the opinion of the fact that since the Gentus ISO includes the Linux kernel source code, they conform to the GPL. I have not had a reply from Abit themselves.
I havent had a chance to check exactly what's in the kernel source RPM they mention, but from the sound of it, its the Hedricks IDE patches pre-applied to a stock kernel.
I was going to clarify further with Gentus, and re-explain the GPL to them before submitting this story to Slashdot, but it looks as though the story is out before Ive had a chance to get more info from Gentus
It would be nice if folk waited a bit longer and behaved rationally in the meantime, so that we can get a sensible answer, without the shit-slinging.
I'm still pursuing it the 'proper way', so can folks be nice, and just make tens of thousands of polite, formal requests for the source, instead of harassing them. Im sure it'll work better in the long term
Pax,
White Rabbit +++ Divide by Cucumber Error ++
Proposed Open Letter (Score:5)
Try sending it to johntsai@www.gentus.com and yakumo@www.gentus.com
snip from here -->
Dear Gentus,
I am writing to you to formally request information on obtaining the source code to the Gentus Linux distribution.
Since the entire distribution, including the kernel, utilities and other software, is derived from work released under the GPL, I believe I am entitled to request the availability of the source code for all the supplied software, not just the kernel. There appear to be several RPM's included in the Gentus distribution which are Abit-modified versions of previously GPL'd code. I am particularly interested in the source code for these modifications.
It also concerns me that at least one RPM appears to have been derived from a GPL'd product, but has had its license changed to an Abit-specific copyright. As you should be aware, changing the license of code derived from the GPL actually breached the GPL. I would thus also request you to clarify the situation with regard to AbitPermon and its derivation from BP6Mon.
Thank you
-- to herePax,
White Rabbit +++ Divide by Cucumber Error ++
Re:First Troll (Score:1)
Re:First Troll (Score:1)
Re:You guys take the cake... (Score:2)
I think perhaps we need a new category for this sort of thing, something that will help diffuse these otherwise ugly occurrences.
I'd like to humbly propose we accept the suggestion made by suck.com [suck.com], and use From the Jihad, Jihad dept. for news of GPL violations. They even have a cute little topic icon [suck.com] for us to use. Seriously, taken in such light it would be hard to justify some of the over-the-top responses that news like this seems to get.
Just a suggestion
Idea: force the GPL lawsuit? (Score:3)
People keep speculating about this bold event, when the GPL will finally be tested in court. Which makes me think -- why wait?
I realize there are some potentially criminal issues here about collusion, and abuse of the legal system. But... it might be a really GOOD thing if some small company would violate the GPL in a deep and egregious fashion. The FSF and /. would politely ask them to stop, and they would refuse. So it goes to court, and the FSF fields a strong legal team. Unfortunately the small company can't afford a really hotshot lawyer. They do "their best" to defend a case, but in the end they lose.
Result: the GPL is affirmed to have legal standing in a US court decision, setting a precedent that holds weight for all future cases.
Thoughts?
Abit is only thinking of the community (Score:1)
Re:Abit (Score:1)
Re:Wierd, I ran into this last night... (Score:1)
I personally read the GPL as soon as I started seriously advocating it for anything. It cleared up a lot of things I was confused about from reading summaries. One of the only really clear pieces of legal writing I've ever read.
-RickHunter
Re:Looks like it's being discussed already (Score:1)
If you want to know the character of a man, find out what his cat thinks of him.
So how do you find out the character of a corporation? What its CEO's cat thinks of it? ;-)
-RickHunter
Re:Gentus == crap (Score:1)
If you do, I (and a lot of my friends) don't like SuSe. Will you be reformatting your harddrive now?
I have not used Gentus, in fact, I didn't even know it existed until know. But I think it is a great gesture to include a GNU/Linux distribution with hardware. Even if it's "crap".
It will probably bring the existance of GNU/Linux (or GNU/Linux outside of Redhat) and Open Source in general, to the attention of many people. I'd say this is a good thing.
Well... (Score:5)
Perhaps the source has been made available in the bottom drawer of a locked filing cabinet located in a disused lavatory with a sign on the door reading "Beware of the Leopard".
Re:GPL question (Score:1)
It depends greatly on how the various parts of the larger product fit together.
One could call a Linux distro one large software product. In that case, it is quite possible to add programs to the distro which do not need to be covered by the GPL. On the other hand, adding a new terminal driver to Emacs would need to be GPLed.
Note carefully the clause about independent and separate works in section 2. This is where you can quickly get yourself in trouble, as using a library means your work is not independent of that library.
So, a separately-invokable program linked only against LGPL (or other non-GPL) code would be a separate work, and would not need to be GPLed.
I'm sure there's been discussion on binary-only Linux kernel modules, and I don't see how they can be considered separate works.
Re:Good for them (Score:1)
On what grounds do you believe the GPL only applies in the U.S.? Do you believe any company can release any GPL software they like (modified or not) by any means they choose so long as they are not American?
Anyway I think it's debatable that U.S. law applies in the U.S. and for an argument I supply one young Cuban boy and one manufacturer of bloatware containing a OS and a browser.
The code is Out There (X-Files) (Score:2)
On the other hand, who exactly will be suing Abit?
How is it done properly and who the plaintiffs are, who pays the money, etc?
Now that VA Linux and RH share value has gone down alot, will they support this cause? Or are there other ways?
anyone?
Re:Perfect Timing! (Score:3)
Of-course to perform the ritual you must read and learn by heart the entire black man pages for Caldera and Solaris, also it would be nice to take lessons from such experienced magic performers as
Maximum Linux and GPL (Score:2)
Re:Wierd, I ran into this last night... (Score:2)
Well, you're partially right. If you actually read the GPL (v2 or higher), it says that if you commercially redistribute GPLed software, even unmodified, you cannot rely on a third party to distribute the source code; you must host it yourself. If you're just redistributing to a friend, or even giving away your own custom distribution for free, nobody requires that you offer the source.
To be fair to Abit.... (Score:2)
It seems that an observing employee has already responded to the string, stating he'd get management on it. And one of the original coders has already threatened to sue. :)