Asus Corrects Eee PC Source Code Issue 157
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."
What's With the Name? (Score:4, Interesting)
Re:What's With the Name? (Score:5, Informative)
It may also be three different 'E' words, though, but I forgot what those are, if that is the case... Initially, I think it was part of the marketing to explain what the EEE stood for, but maybe that's fallen by the wayside now.
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"CoreCell extreme chip you've ever needed"
Tho i think it was MSI rather than Asus, it's still a rather weird phrase.
I hope not these three (Score:3, Interesting)
These are trademarked by M$, Asus would get into serious trouble.
Pronunciation (Score:2)
Better late than never (Score:5, Funny)
And those critics that aren't satisfied by that will all be regulars here at
They're going to release the SAME code, right? (Score:1, Interesting)
I see this quite a lot... companies admitting their guilt, and then releasing "cleaned up" source code that complies with the license(s) in question.
The problem is that "cleaned-up" source code creates a different set of binaries, for which source code must also be released.
They need to release the SAME source code that was used to create the binaries which they've already released and distributed, not just "cleaned-up" code, which generates different binaries.
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Re:They're going to release the SAME code, right? (Score:5, Insightful)
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I see this quite a lot... companies admitting their guilt, and then releasing "cleaned up" source code that complies with the license(s) in question.
And without long drawn out court cases. In this case, unless proven otherwise, ASUS have not done anything terrible. They didn't release the code initially, but they did when asked. End of story. Its possible some over zealous person in the legal department decided that they might give away ASUS secrets, or it could be a simple oversight. Who knows. Linux working with more standard business models with the usual NDAs and complicated licenses for every little thing are new territory. Just as Dell had a few
Re:They're going to release the SAME code, right? (Score:5, Insightful)
"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. [gnu.org]
"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.
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Insulting people does not make you sound more authoritative. If you can't be polite, perhaps you should refrain from posting at all.
As it happens he is slightly incorrect, but
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In my own defense, when I posted I was sure the original poster was trolling, but in retrospect I am not entirely sure. I parsed "...rewriting GPL code and keeping the product closed source is considered enough to cure a license violation." to mean "obfuscating the GPL'd code and keeping the product closed source..." and thought for sure that is no mistake. Af
Re:They're going to release the SAME code, right? (Score:5, Informative)
Not quite, see below.
And you are still in violation of the license. How do you handle the penalties for your existing violation?
And you still have not released the source that is mated to the version you've already shipped. Where is the source that goes with version 1.0? If you release version 2.0 with "cleaned-up" source code, you are still required to release sources for version 1.0, as well as atone for your prior violation with that version. Just because you complied at version v2.0 doesn't mean your violation with v1.0 goes away.
Sony tried this game with their version of the POSE FLOSS project. They would release v1.0 in binary, then release 2.0 binaries, with v1.0 source code, and so on. Always keeping the source 1 release behind. They were in direct violation of the letter and spirit of the GPL license.
You are assumed to be in compliance with the GPL for version 2.0 of your product, but you are still in violation of version 1.0 of your product. What do you do for all of the units already out in the hands of consumers?
Each unit is now subject to US Copyright violation penalties, which vary from $20k to $200k per-unit (look it up). If you shipped 1,000 units, that's a $20M penalty at the low end of that scale.
It sure is, and you've misinterpreted it very nicely.
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Companies still irritate the hell out of me with GPL code.
They always make their product and release the source as a after thought.
So they are all violating for a period of time.
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Usually they wait until they get caught flatfooted, make a flurry of "oh, sorry, sorry, we didn't know" or "it was an honest mistake" or "some programmer we hired did it". What's odd is how they keep believing that they can do this and nobody will notice. If a device uses GPLed software, somebody will notice, and post that information for the world to see.
What irks me even more is when their attempts at coming into compliance are
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IANAL, but I suspect it's per violation, not per unit. Each unit contains code from many projects. Not providing the source for the Linux kernel they used would be one violation. Not providing the source for the Busybox they used would be another and so on and so on. [I don't know exactly what they actually used, they're just examples]
Incidentally, according to the GPL it doesn't matter if
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Re:They're going to release the SAME code, right? (Score:5, Informative)
1. Microsoft violated Eolas' patent. Microsoft has no obligation to release source code for IE as they own the copyright to that source code.
2. See above.
3. Please give me an example of SCO code that is illegally included in Linux. The SCO group never could.
4. Trademark != copyright.
5. The Apple Music store thing was a private contract between Apple records and Apple computer.
6. Lindows was renamed due to a trademark violation. Refer to #4 above.
None of your examples have anything to do with the GPL or even copyright.
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That's not really accurate. Microsoft brought a suit against Lindows for trademark violation. After several court decisions made it look like they might lose their claim on the Windows trademark (because it was too generic), Microsoft bought the Lindows trademark from the company that is now Linspire for $24 Million.
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No, he's saying that patents and trademarks are different items and covered by different laws.
Compare theft and assault. Both are equally illegal, but the crimes are different so the laws -- hence also the punishments -- are different.
HAL.
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Why are you so sure that an accidental, small in scope and promptly corrected copyright violation will not be handled in a similar manner?
Because you cannot accidentally download and use someone else's source code, whereas you might accidentally create a company name or logo that is similar or identical to one of your competitors'. Asus did acidentally fail to upload the modified source code to their site, as has been pointed out innumerable times on this thread, they did not break the license because th
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Trademarks, patents and copyright don't have may things in common, aside from the fact that they don't have a physical existence.
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Considered enough by who? GPL-violators hoping to get away with it, but happy to comply with the license as "punishment" if they get caught?
Sure, in practice copyright holders are frequently nice and decline to sue if the violator quickly comes into compliance. But there's no guarantee of that - if any copyright holder in a GPLed work
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The Judge hearing your lawsuit. The point is if you appear to have made a reasonable mistake, and make a reasonable attempt to remedy it promptly, a reasonable judge is not going to impose any sort of unreasonable penalties. Whether the rights holder wants to be nice or not, a minor infraction doesn't mean they can burn the infringer's business down.
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The judge isn't simply going to ignore copyright infringement because the penalties might damage the offender's business.
If the copyright holder isn't willing to settle, the absolute best case the infringer can expect is an injunction against distributing any further copies of the defendant's code and some minor financial penalty. The problem is that injunction - depending on what the product is and how important it is to the infringer's business, it very well may be equivalent to "burning the infringer's
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"Releasing newly written code with equivalent functionality or even rewriting GPL code and keeping the product closed source..."
So the injunction is dealt with. There may be a minor financial penalty. The Judge will not do something that is the equivalent to burning the business down for infringement that does not reasonably justify that.
Someone briefly infringed a copyright, it appears to have been an honest mistake, and the infringement is no longer happening. If the copyri
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As long as the infringer corrects the infringement by ceasing to distribute *any* piece of the GPL covered software, you're right. But once the GPL is violated, the violator no longer has a license to distribute that code unless the copyright holder explicitly gives them one - so merely releasing source for some stuff later isn't going to help at all. If the infringer's product relies on the GPLed code at all, the infringer is basically screwed unless the copyright holder decides to be nice about it.
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This is incorrect. Once the infringer stops violating the GPL, they can grab again a copy of the code and redistribute it under the terms of the GPL, just like anyone else. Permission from the copyright holder would only be required to continue distribution without fixing the violation
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Is that your legal opinion as a copyright lawyer?
The lawyers who wrote the GPLv3 seemed to think that the GPLv2 acts exactly as I described it - otherwise they wouldn't have needed to add extra text to give you your license
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So by your theory: If someone put a modified Linux kernel up for download, but didn't get the source up until five seconds later, they are permanently forbidden from ever distributing Linux forever.
Yes, that makes sense I'm sure.
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Distributing a GPLed work in violation of the license is a copyright violation (at least if the termination clause works at all). All you have to do to get an idea of what the expected damages should be for copyright violations is to look at recent RIAA court cases - Judges aren't "reluctant to access damages", they take your house away for distributing a single small copyrighted work with zero people.
ASUS: Brilliant Marketing Strategy (Score:5, Insightful)
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!
Re:ASUS: Brilliant Marketing Strategy (Score:5, Funny)
wjat?
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qgzy?
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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
3. ????
6. Profit!
Re:ASUS: Brilliant Marketing Strategy (Score:4, Insightful)
I don't think that geeks are Asus' target market on this one. From what I've seen, their goal was to produce an sub-laptop with the best possible ratio of out-of-the-box capabilities to cost. What resulted is, IMHO, somewhere between the capabilities of a smart-phone (minus the cell phone, of course) and a note-book. I think they expect to be able to sell this to populations that might not otherwise be able to afford a computer (think OLPC, but less philanthropic), or who might not currently have their own computer (think of schools outfitting every classroom with a set, for example, or parents buying one for their school-aged child).
2. Make it very obvious it's based on GNU/Linux
I think this was mainly for cost reasons. The OS itself is free (not counting anything Asus might have paid Xandros for development work), and massive amounts of software are freely available. I suspect that license costs, hardware requirements, and cost/headache-factor of distributing a similar suite of applications for Windows would have driven up the price.
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!
Or, more likely IMHO,
4. Fail to release the code on time to some combination of overwhelming bureaucracy, over-optimistic marketing deadlines, and overworked engineers.
5. Release the code shortly after consumers point out your omission.
6. Good will!
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Free publicity (Score:1)
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Re:Free publicity (Score:5, Insightful)
No, they get free publicity for doing the right thing, which, unfortunately, is uncommon amongst the business world.
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Impatient, Are We? (Score:5, Insightful)
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Neither are they trying to comply with it, unless someone points out their mistake.
I mean, we're talking about source code that is already written. They have a disc marked "master source code for product rev 1" somewhere, it takes pretty much zilch extra effort to have that included with the product. Just duplicate it and throw it in. The fact they had to make a
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The fact they had to make a different "cleaned up" version just confirms my suspicions as to why they didn't release it to begin with; the actual source code has programming hacks and embarrassing comments in it, like some previous examples of closed-source code that has been forced in to public view by the courts.
[citation needed]
Seriously though, what are you basing this off of? I read TFA and I can't find any reference in that, or in the articles it links to that say ASUS released "cleaned up" versions of the code. Even the guy who originally discovered this and blogged about it, says he thinks it wasn't ASUS being malicious, just negligent and forgetting to publish the code.
Last minute changes (Score:3, Interesting)
As I understand it, Asus used a new chip to meet the cost targets and had to make some last minute code changes to get working systems out the door. No 'cleanup' of proprietary source, no trying to hide stuff. Over at the eeeuser forum, they are already reporting successful recompiles of the source and use in a different distro install on
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And you believe this is what Asus did, based on what? The fact that they are a large corporation?
They may have the code written, but its not as easy as you suggest to distribute it (those cds cost money). They don't even need to include it at all; just make it available to someone who asks for it.
Back on topic, why do you simply believe this not to be a mistake? How many other products used GPL code prior to this one? If
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Exactly. Asus wouldn't dream of shipping a PC with Windows pre-installed without having licensing agreements in place with Microsoft. I not entirely sure if it's fear or respect that makes the difference but I suspect it's fear. If we are to stop this kind of thing happening in future we need to make companies as scared of violating the copyright of FOSS as they are of violating the copyright of proprietary software. To in
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That certainly would stop it from happening in the future. It would also drive companies right into the arms of Microsoft.
Which is easier for a corporate computer manufacturer PHB?
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They need to do more than calm down (Score:4, Insightful)
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.
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Me: "It looks like ASUS may have violated the GPL in the eee software distribution. I suspect it was a mistake. I've contacted them and publicly stated that I don't intend to sue or anything." (This is the 'hair trigger attack reaction' I guess.)
Blog community: "Lame!"
ASUS: "Oh, hey, you're right, here are some source tarballs."
Me: "Thanks! Go ASUS!"
"Kupfernigk" on Slashdot: "OMG MOUTH-FROTHING AD-HOMINEM ATTACKS"
One of us is involved in civil dia
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Re:They need to do more than calm down (Score:5, Insightful)
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Re:Impatient, Are We? (Score:5, Informative)
I am not a GPL zealot (in point of fact I'm a BSD guy), and I have never used the term "sanctity of the GPL," except possibly in jest.
I haven't seen anyone suggest that they were willfully withholding sources; in my original analysis I said that I suspected it was a mistake on their part. It's possible you read a sensationalized second-hand source (like iTwire), but all I noted was that they had shipped modified GPL binaries without source. As you say, the eee's been available for weeks now, which is weeks longer than the GPL permits you to distribute binaries without source.
Had you read the initial analysis or the followups where I tested and verified ASUS's source releases, you would know this.
Honestly, seems like anything can make 5/Insightful these days.
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Again, I point to the timeframe and also to the other users whom have cited error of forgetting to provide the source of their own codes as far as reasonable acceptance that they weren't out
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Now that the source code is available... (Score:2)
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For me the benefit of Asus releasing the code is that the next edition of Debian, Ubuntu, etc. will install cleanly if I buy one of their machines.
I'm not realistically likely to buy one of their machines soon. I'm not in the market, I'm just continually evaluating what's out there so that when I AM ready I'll have my ducks in a line. I had pretty much decided not to consider ASUS, because closed drivers mean I can't rely on installing the version of Linux
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Yes, it is irrational.
The code related to the GPL violation was specific to the Eee PC hardware and would not work on an ordinary PC.
If want your normal PC to run the same distro, you already can. The Eee PC runs Xandros [xandros.com], which you can download and install anytime.
As a company that "Sells" Open source... (Score:5, Interesting)
Public SVN! (Score:2)
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gedit...
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I would strongly recommend that at least the scripts, if not the entire project, be covered by some version control. I'd recommend bzr, specifically.
(And you might consider the scripts themselves to be source for the project, in some way...)
The main reason I recommend this is it's so easy to do. I do this for all my personal projects that I intend to keep -- basically anything beyond jus
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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,
The part about a written offer might be a minor quibble, but you should be in the cl
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That Extra Mile (Score:4, Interesting)
NOTE: I have asked Asus about enterprise encryption support and they have said it may be coming. I have also asked about the madwifi source but received no definitive answer yet.
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Or you could go the OSS zealot route and tell them that if they don't release the source, you will send your Eee to Blendtec and ensure that no one you know will buy one. Of course, I'd go with the first route.
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Now I would love for them to go the extra mile and release the code changes to MadWifi to support the wireless. I know this is released under a BSD style license and they are not obligated
That's not "the extra mile", it's what they're required to do. They're distributing the madwifi module linked to the GPL'd Linux kernel, that means they're distributing it under the terms of the GPL. Because the driver is BSD-licensed, it is permitted to distribute it under the terms of the GPL, but the GPL requirements must be fulfilled.
If Asus hasn't released this code, they're not done complying with the GPL yet.
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Kernel modules have definitely been a contentious issue vis-a-vis the GPL
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 connect
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If you need some help getting it set up, feel free to drop me an email.
Left hand, right hand? (Score:4, Insightful)
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.
Warranty? (Score:2)
A bit of background on this: Apparently it's not just breaking those "void warranty" stickers on the memory door that voids the warranty, but doing anything at all to the box. Several users have reported Asus refusing to honor the warranty on completely unopened and unchanged eeePCs.
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Very Little Committment to Open Source (Score:2)
So, then they create a project and base it on Linux, violate the GPL, and then claim they are well intentioned and support Open Source. This just isn't true and has not been. Their efforts to support Open Source has always been spotty and they'v
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Combining that with their free product recycling program and I think I may have found my new motherboard vendor of choice.
Where's the story here (Score:5, Informative)
They have no obligation to host the source code, nor to provide it for download, they merely have to provide it upon request, and they did. End of story.
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Re:just don't bother (Score:5, Insightful)
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It has nothing to do with the Eee PC and the GPL, and only a little to do with the Eee PC, but it does have something to do with the comment I responded to. Threads drift.
I know it would cost me $400 (I also worked put the duty and VAT I'd have to pay on top - and pondered the inevitable argument with customs over whether the taxes should be paid on $200 or $400 worth of kit), I was only referring to the $200 which would nominally be the net donation. And it wasn't a moan, it was more complete bemusemen
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