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posted by CoolHand on Monday January 18 2016, @04:04AM   Printer-friendly
from the right-or-wrong dept.

You may have heard recently of the Remix OS, a fork of Android that targets desktop computing. The operating system, which was created by former Google employees and features a traditional desktop layout in addition to the ability to run Android apps, was previewed on Ars Technica a few weeks ago, but it was not actually released for end-users to download until earlier this week.

Now that Remix OS has been released, The Linux Homefront Project is reporting that the Android-based operating system, for which source code is not readily available, violates both the GPL and the Apache License. The RemixOS installer includes a "Remix OS USB Tool" that is really a re-branded copy of popular disk imaging tool UNetbootin, which falls under the GPL. Additionally, browsing through the install image files reveals that the operating system is based on the Apache Licensed Android-x86 project. From the article:

Output is absolutely clear – no differences! No authors, no changed files, no trademarks, just copy-paste development.

Is this a blatant disregard for the GPL and Apache licenses by an optimistic startup, or were the authors too eager to release that they forgot to provide access to the repo?


Original Submission

 
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  • (Score: 3, Insightful) by Arik on Monday January 18 2016, @05:26AM

    by Arik (4543) on Monday January 18 2016, @05:26AM (#291005) Journal
    No, throwing up a link to the original project is not enough.

    They distribute unetbootin binaries, they have to make the sources available themselves, and pay for their own bandwidth to do it.
    --
    If laughter is the best medicine, who are the best doctors?
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  • (Score: 3, Interesting) by NotSanguine on Monday January 18 2016, @05:39AM

    If that is the case, Geza Kovacs may have standing to sue.

    Not sure what damages he could get, since JIDE is giving away (but only to those they choose) RemixOS.

    Then again, I suppose he could sue the vendors (including JIDE [kickstarter.com]) who are shipping hardware for a piece of the profits

    Again IANAL, but I'm guessing that the likely remedy would be for JIDE (and perhaps the other hardware vendors) to host a source repository for UNetbootin.

    --
    No, no, you're not thinking; you're just being logical. --Niels Bohr
  • (Score: 4, Informative) by NotSanguine on Monday January 18 2016, @05:48AM

    That's not strictly true. From the text of the GPL v2 [gnu.org]:

    You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

    You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. [emphasis added]

    As such, JIDE could conceivably charge ${FEE} for copies of the source on USB key, CD, paper or even printed on edible panties, and distribute it via snail mail if they choose. They do not need to host the files online.

    --
    No, no, you're not thinking; you're just being logical. --Niels Bohr
    • (Score: 3, Informative) by TheRaven on Monday January 18 2016, @01:04PM

      by TheRaven (270) on Monday January 18 2016, @01:04PM (#291092) Journal

      As such, JIDE could conceivably charge ${FEE} for copies of the source on USB key, CD, paper or even printed on edible panties, and distribute it via snail mail if they choose. They do not need to host the files online.

      Elsewhere in the GPL it indicates that the code must be provided on a medium commonly used for software interchange, so I doubt that edible panties would be sufficient. Similarly, posting the files online is also not enough by itself for GPLv2 (it is for GPLv3), you must either provide a written offer, good for three years, to provide the source, or you must include it with the original distribution.

      --
      sudo mod me up
  • (Score: 4, Informative) by fnj on Monday January 18 2016, @05:48AM

    by fnj (1654) on Monday January 18 2016, @05:48AM (#291013)

    They distribute unetbootin binaries, they have to make the sources available themselves, and pay for their own bandwidth to do it.

    Why are you overreaching? Assuming unetbootin is GPL V2 [gnu.org]:

    "...
    TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
    ...
    1. ... You may charge a fee for the physical act of transferring a copy ...
    ...
    3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

            a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
            b) Accompany it 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 Sections 1 and 2 above on a medium customarily used for software interchange; or,
            c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
    ..."

    Your allegation that they must "pay for their own bandwidth" is the overreach.

    Choosing (b) allows avoiding any unreimbursed expense to themselves.

    • (Score: 2, Informative) by Anonymous Coward on Monday January 18 2016, @07:18AM

      by Anonymous Coward on Monday January 18 2016, @07:18AM (#291033)

      Your allegation that they must "pay for their own bandwidth" is the overreach.

      Indeed, the GPL only requires an offer to provide source code on demand.

      Hipster morons forget that Stallman is a hippie and not a hipster, Internet access was rare when the GNU project began, and bandwidth was irrelevant back when FSF literally mailed tapes.

    • (Score: 2) by Arik on Monday January 18 2016, @03:13PM

      by Arik (4543) on Monday January 18 2016, @03:13PM (#291133) Journal
      "Choosing (b) allows avoiding any unreimbursed expense to themselves."

      IF THEY HAD DONE IT, then yes.

      However, they did not. They have shipped. No such offer was included.

      Therefore (b) is no longer an option for them.

      I'm not overreaching I am telling you the truth. Read what you posted yourself!
      --
      If laughter is the best medicine, who are the best doctors?
  • (Score: 2) by jasassin on Tuesday January 19 2016, @02:44AM

    by jasassin (3566) <jasassin@gmail.com> on Tuesday January 19 2016, @02:44AM (#291377) Homepage Journal

    They distribute unetbootin binaries, they have to make the sources available themselves, and pay for their own bandwidth to do it.

    No they don't. They have to make source available but could choose to only offer it on a CDROM requiring a reasonable (vaguely defined) fee for processing, handling, and shipping. That could be $20.00 or considerably more.

    --
    jasassin@gmail.com GPG Key ID: 0x663EB663D1E7F223
    • (Score: 1) by Arik on Tuesday January 19 2016, @06:03AM

      by Arik (4543) on Tuesday January 19 2016, @06:03AM (#291437) Journal
      Yeah didnt bother to read any of the other comments did you?

      They *could* have done this, but they did not. This should be easy to understand. In order to qualify for that option they would have had to do that from the start, which they chose not to do.

      --
      If laughter is the best medicine, who are the best doctors?