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SubjectRe: iToaster in violation of GPL?
In <m2so7iwgm4.fsf@mailhost.neuroinformatik.ruhr-uni-bochum.de> David Kastrup (dak@neuroinformatik.ruhr-uni-bochum.de) wrote:

> I first thought of forwarding this straight to Linus, but perhaps
> linux-kernel is more appropriate.

Since not just Linus's copyright will be violated ? Still he is primary
copyright holder...

> Of course, Microworkz would at most be required to give at least a
> written offer to get the source code only to those actually buying an
> iToaster. They are not in the least required to put the stuff up for
> ftp or offer it separately. Keep this in mind before writing to them.

This is correct. But if they'll give source to ONE customer it'll be uploaded
on ftp immediately :-)) So there are no reasons for then to do it this way.
Of course they can ask every customer to sign NDA but I doubt this will work
and will not frighten away buyers. They CAN NOT ask to sign NDA only after
request for source: if you gave me binaries you must give me sources as well.
Without additional restrictions (see http://www.fsf.org/copyleft/gpl.html).
So yes, it looks like good chance to test GPL in court. But IMO Linus (or
someone else from top developers) must firstly gently contact with them on
subject. Now about Linux in iToaster. On official iToaster page
(http://Microworkz.com/Products/iToaster/iToaster.cfm) there are no word
"Linux" but there are three links at the bottom:
http://www.msnbc.com/news/282421.asp (by By Gary Krakow)
http://cnnfn.com/news/technology/newsbytes/132291.html (by Craig Menefee)
http://www.news.com/News/Item/0,4,38074,00.html?tag=st.cn.sr1.dir (by Staff Writer)
All three articles claims that there are used mix of Linux and BeOS.

> And it might be a good idea if this was first discussed in
> linux-kernel, and then a single person (preferably Linus) would write
> Microworkz instead of them getting a mass mail attack.

This is for the beginning, of course. It's REALLY important check of GPL and
we must be ready to go as far as in court :-/ But first thing to do is to
ask them gently about Linux, GPL, iToaster and OS sources... And this is duty
of Linus I afraid (even he hate such stuff as we all know). Even if Microworks
violated copyright of few tens different persons at least with Linux usage...

> David Kastrup Phone: +49-234-700-5570
> Email: dak@neuroinformatik.ruhr-uni-bochum.de Fax: +49-234-709-4209
> Institut f©r Neuroinformatik, Universitфtsstr. 150, 44780 Bochum, Germany

> Message-ID: <37718028.CB5C83E2@metasystema.org>
> From: Simon Hill <simon@metasystema.org>
> MIME-Version: 1.0
> Newsgroups: gnu.misc.discuss
> Subject: Anybody know anything about the Microworkz iToaster?
> Content-Type: text/plain; charset=us-ascii
> Content-Transfer-Encoding: 7bit
> Organization: Giganews.Com - Premium News Outsourcing
> Date: Wed, 23 Jun 1999 19:47:36 -0500

> Hello,

> There's an article linked by Linux Today at
> http://LinuxToday/stories/7027.html which describes
> the iToaster as having an OS which is a melange of
> Linux and BeOS. I called Microworkz, which confirmed
> that at least part of the OS comes from Linux code.
> When I asked when and where the source code to those
> parts of the OS would be available, I was told that
> Microwerkz considers the whole OS to be proprietary,
> and that they would not be releasing any source code.
> They said that anyone desiring more info on this,
> should write to sales@microworkz.com.

> This appears to be a flagrant violation of the GPL,
> but I am certainly not qualified to follow up on it.

> If anybody has any more info, I'd appreciate being
> kept informed of what is up with this.

> TIA,

> Simon Hill (simon@metasystema.org)
> http://www.metasystema.org
> http://www.ibisbooks.com



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