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CherryOS Goes Open Source

Zonk posted about 9 years ago | from the curiouser-and-curiouser dept.

Software 370

netsniper writes "The CherryOS website now acknowledges a forthcoming alliance with Open Source Software! After going 'on hold' recently, a re-release of CherryOS is purported to be coming in May according to the site. This is great news on the surface, but let's see how it pans out. This move is probably a result of the many reviews of their product that set out to prove it was bogus."

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370 comments

So I guess this means.. (5, Funny)

Anonymous Coward | about 9 years ago | (#12164362)

..that they are popping their Cherry?

Nothing to see. (3, Funny)

RangerRick98 (817838) | about 9 years ago | (#12164363)

Heh, first time I tried to load this story I got "Nothing for you to see here. Please move along." I can't help but wonder if the CherryOS people might make a similar statement in May when they're supposed to open the source.

Re:Nothing to see. (4, Insightful)

rpozz (249652) | about 9 years ago | (#12164373)

It seems unlikely that they're doing it voluntarily. Maybe they came to an agreement with the people behind PearPC in order to keep the whole thing out of court?

Re:Nothing to see. (4, Interesting)

RangerRick98 (817838) | about 9 years ago | (#12164395)

Actually, now that I've looked at the site, I can't help but wonder if they're announcing something else entirely. Maybe they mean that the "CherryOS" product is gone, and the cherryos domain is now for some phantom open source project that they plan to create under the name "Cherry" to try to regain some semblance of legitimacy.

Re:Nothing to see. (4, Insightful)

Wolfier (94144) | about 9 years ago | (#12164511)

If this is true, then the agreement sucks.

At the very least, it must include an admission of guilt and a formal apology, or some form of other punitive measures.

It seems they can *totally* get away with it now, and nobody will even know they did something wrong.

Don't let it happen.

Re:Nothing to see. (1)

ravee (201020) | about 9 years ago | (#12164570)

I wonder why people are making a big deal about a project that has no significance. I mean if it is a linux clone , I am sure there are other better options and distros to run on PowerPC archetecture.
--
http://linuxhelp.blogspot.com/ [blogspot.com]

Re:Nothing to see. (2, Informative)

Short Circuit (52384) | about 9 years ago | (#12164708)

It's not a Linux clone. It's widely believed it's a ripoff of the PPC architecture emulator PearPC.

oh please (5, Insightful)

eobanb (823187) | about 9 years ago | (#12164374)

Oh please. Can this whole shenanigan just end already? By now, it's already been proven beyond any reasonable doubt that CherryOS is a repackaged version of PearPC (google for "spiro multimax 3000"). Arben and MXS are using absolutely any tactic to get attention. He must have a serious ego problem.

Re:oh please (1)

OSXexpert (859428) | about 9 years ago | (#12164498)

The guy has an uncanny ability to get people to listen and write about him. Such if I were in business (at least some slim/e shady business) for say direct marketing, selling insurance plans to almost/dead people or raising money for a national bid at the US presidency, I would hire this guy in a New York minute.

Re:oh please (1)

Otter (3800) | about 9 years ago | (#12164692)

Such if I were in business (at least some slim/e shady business) for say direct marketing, selling insurance plans to almost/dead people or raising money for a national bid at the US presidency, I would hire this guy in a New York minute.

If your business plan involves selling insurance to dying people, you may want to start by hiring a new actuary...

Re:oh please (0)

Anonymous Coward | about 9 years ago | (#12164501)

let's be nice, now. they are releasing the source. wait until it's released and we all can analyze it before you go throwing the stone.

Re:oh please (1)

tomhudson (43916) | about 9 years ago | (#12164515)

Yep - I'd almost rather read GNAA and Frost Pist trolls than any more product ripoff^Wannouncements from these thieves.

Come to think of it, CherryOS announcements ARE trolls.

It's Easy (5, Insightful)

CypherXero (798440) | about 9 years ago | (#12164375)

It's easy. All they had to do in order to avoid all the bad press is to start out with it being Open Source. The GPL states that you can charge for a product, or do whatever you like with it, just as long as your provide the source code. And if you use source code from another project (PearPC), then you have to acknowledge it.

It was so simple and easy, I don't know why they didn't Open Source Cherry OS from the begining.

Re:It's Easy (5, Informative)

mikepaktinat (609872) | about 9 years ago | (#12164425)

And if you use source code from another project (PearPC), then you have to acknowledge it.

The problem being that the developer has sworn up and down that he used none of the PearPC code.

Re:It's Easy (1)

catch23 (97972) | about 9 years ago | (#12164437)

Yeah, but where's the source? I bet they'll "announce" being open source, but they won't release any of the incriminating evidence!

Re:It's Easy (5, Insightful)

Chris Kamel (813292) | about 9 years ago | (#12164535)

Probably because they thought they'd get away with it. Developers tend to think that noone will understand a thing in the inner workings of their applications as long as they protect the sourcecode.

Re:It's Easy (2, Insightful)

a16 (783096) | about 9 years ago | (#12164561)

And of course the first 'customer' has full rights to distribute the product for free as they wish. Hence why 'selling' a 100% GPL product is never going to be a wise business move.

Re:It's Easy (5, Insightful)

jb.hl.com (782137) | about 9 years ago | (#12164685)

Hence why 'selling' a 100% GPL product is never going to be a wise business move.

Which is why Red Hat crashed and burned all those years ago.

Obviously.

ick (0)

Anonymous Coward | about 9 years ago | (#12164381)

Due to Overwhelming Demand

Cherry Open Source Project

Launches 5.1.2005

It's a little ickier than that. (3, Interesting)

kahei (466208) | about 9 years ago | (#12164542)


Notice how they can abbreviate that to

Cherry O. S. Project

and thence to

Cherry OS Project

and thence to

CherryOS Project

and finally

CherryOS.

I gotta respect them -- they're not just a _bit_ slimy, they are slimier than Fungus the Bogeyman in a barrel of natto!

how lies work... (5, Interesting)

jhealy (91456) | about 9 years ago | (#12164384)

If your friend lies to you, and then comes clean... you maybe forgive them, but you never really respect them all that much, because you know they can lie to your face.
CherryOS will never look that cool to any of us, because they only came clean because of being caught in a lie.

Re:how lies work... (1, Insightful)

Anonymous Coward | about 9 years ago | (#12164450)

But if a company lies to you, and then comes clean...they get loads of publicity, which may be way more valuable than trust.

Re:how lies work... (1)

RdsArts (667685) | about 9 years ago | (#12164479)

Yet 9/10ths of people who will buy it, and they will, won't have known. In fact, "hey, those nice guys, they even help out those open source people. What nice guys. I get a warm fuzzy feeling sending my money to them. I bet they send money to those OSS guys too. Live's great, let's go buy a puppy."

Isn't business wonderful?

"Due to overwhelming demand" (5, Funny)

BabyDave (575083) | about 9 years ago | (#12164385)

s/demand/threats of legal action/

It would be funny if the OSS release proved that it wasn't a rip-off of PearPC. Unlikely, but funny.

Even funnier... (1)

ImaLamer (260199) | about 9 years ago | (#12164539)

I think it would be great if someone buys "OFFICIALCHERRYOS.COM" (available) and forks their code and calls the new project "The Official CherryOS".

Their being a relative term.

How nice of them (1, Insightful)

rob_squared (821479) | about 9 years ago | (#12164387)

We stole your car! But don't worry, we'll only give it away, not sell it. I guess they read the GPL a little better and realized you lose rights by selling this.

Re:How nice of them (1)

tsalem (813623) | about 9 years ago | (#12164443)

A car is tangible, it would suck a lot more if tangible property was at stake here.

Re:How nice of them (2, Informative)

Anonymous Coward | about 9 years ago | (#12164509)

You do not lose any rights by selling this...this is allowed, you lose rights by not making the source to GPL software available.

Re:How nice of them (0)

Anonymous Coward | about 9 years ago | (#12164510)

Maybe I also don't understand the GPL. What rights are lost by selling software?

copyright infingment != theft (5, Insightful)

Anonymous Coward | about 9 years ago | (#12164559)

How can you steal it. They only copied and modified the source, no theft here.

Move along, the parent is nothing but a TROLL!

Delay Tactic (3, Insightful)

crypto55 (864220) | about 9 years ago | (#12164390)

It seems like this is all just a delay tactic for CherryOS to get it's code in line. I'm surprised that they didn't stay on hold for a while longer to gain more time. As far as the "Due to Overwhelming Demand," that's ridiculous. The entire OSS community has been up in arms about their crap. This is just them trying not to get sued, although it would be hilarious if they were actually legit... no comments there

Ummm... (3, Insightful)

DoubleDangerClub (855480) | about 9 years ago | (#12164391)

I'm confused, PearPC is already open source...
*scratches head*
Oh well, I guess they finally realized, if you can't beat them, join them.
This whole CherryOS thing has been completely stupid. Why do people think they can slap a different name on something and sell it, when it's already free?

Re:Ummm... (5, Interesting)

rpozz (249652) | about 9 years ago | (#12164405)

There were some absolute bastards who registered azureus.org a while ago (seems to have changed now), and offered a version of Azureus which came bundled with spyware. Hopefully this sort of practice of exploiting free/open software doesn't become too popular.

Re:Ummm... (0)

Anonymous Coward | about 9 years ago | (#12164470)

There really isn't anything wrong with selling existing technology, esp. as the GPL allows for this. People think they can do this, because they can. They spend the money on marketing, hire real employees, and reap the rewards. This is actually good, because all it is doing is propogating GPL software.

The problem with CherryOS is that they felt they had to conceal the origins of their work. And now they are being body-slammed for it.

Still violating GPL? (5, Insightful)

The New Andy (873493) | about 9 years ago | (#12164396)

From the GPL:

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

Does this mean that CherryOS has already lost their license to use the source code from PearPC?

Re:Still violating GPL? (1, Insightful)

Anonymous Coward | about 9 years ago | (#12164417)

Yes.

Re:Still violating GPL? (-1)

Anonymous Coward | about 9 years ago | (#12164553)

Oh Joy!

GPL!!

OOOHH!!

*RMS*

Free the software!!

*goatseman*

burp..

*RMS*

Yes Yes Yes!!

Moral of the story?

There ain't one.. Vi or Emacs?? [geeknet.nl] is the question!

Re:Still violating GPL? (1)

91degrees (207121) | about 9 years ago | (#12164665)

Hard to say. Ask a lawyer.

But I'd guess since the licence is granted implicetely with code rather explicitely handed out by someone, renewing the licence is simply a matter of downloading the software again.

This probably doesn't absolve them of guilt for past transgressions, but I suspect the copyright owners are willing to let that slide since they can't get anything from it.

Re:Still violating GPL? (2, Informative)

QuantumG (50515) | about 9 years ago | (#12164702)

When the KDE debate was alive and well someone did ask a lawyer. RMS asked Eben Moglen who said "duh! that's the whole point of that clause." So no, "coming clean" after you've violated the license on GPL software is not enough, you have to ask for forgiveness too.

Yes but... (1)

Mr. Underbridge (666784) | about 9 years ago | (#12164719)

Does this mean that CherryOS has already lost their license to use the source code from PearPC?

OK, but can I get the source for Pear, call it BananaOS, rerelease it, and let Cherry use Banana instead? Seems like an endaround to me. Anything to prevent that?

Its too late for this (5, Informative)

Anonymous Coward | about 9 years ago | (#12164397)

The developer of the Altivec emulation (the one who was collecting money for a lawsuit) has already revoked their rights to his code. Even if they try to open source they still have problems as they are now dealing with copyrighted code.

Re:Its too late for this (0)

Anonymous Coward | about 9 years ago | (#12164609)

If's it's GPLed, you can't revoke the license..

4chan find pictures of popped Cherry OS!!! (-1, Offtopic)

Anonymous Coward | about 9 years ago | (#12164398)

LOLZ!!!!!!1111 We find pictures of girls with freshly popped cherries using an OS!!!! And we post it on the 4chan.org site!!! Cum and see delicious cherry tarts 4 free on 4chan!

Thank you (5, Funny)

Anonymous Coward | about 9 years ago | (#12164400)

I for one wish to thank CherryOS developers for being so generous to give the fruits of their so hard work to the community.

So they can contribute (0, Interesting)

Anonymous Coward | about 9 years ago | (#12164410)

Assume for a second that this was originally an ill-intentioned move to make money off the hard work of others. They shiny up OSS code and release it as their own, they try and sell it and are caught red-handed. They then try and go open-source but since the money won't be rolling in, they'll eventually just abandon the code. At least they'll have contributed some nice shininess to the OSS software project they stole from.

Ah, the master plan to open source Windows! (5, Funny)

ardor (673957) | about 9 years ago | (#12164411)

This move is probably a result of the many reviews of their product that set out to prove it was bogus.

1. Say Windows XP/Longhorn is bogus
2. Wait for them to release it as Open Source
3. ???
4. Profit!!!

Can they do this? (4, Insightful)

strider44 (650833) | about 9 years ago | (#12164419)

Can they just open source their "project" now? Is it not too late? Hasn't several developers permanantly revoked the GPL license from CherryOS so they can never use their code?

Re:Can they do this? (1)

catch23 (97972) | about 9 years ago | (#12164521)

If it's on an older code base with a licence that wasn't restricted to them, I don't see why not. I'm guessing their source code is at least 5-6 months old and they've done a good bit of string replacement in the code.

Re:Can they do this? (2, Insightful)

benjcurry (754899) | about 9 years ago | (#12164545)

I think it is too late, but once they come out with the source code, it can be clearly demonstrated that they used PearPC code, then they'll be fscked.

Re:Can they do this? (1)

gl4ss (559668) | about 9 years ago | (#12164587)

well, the cherryos guy lives in alternate universe it seems anyways so finding any logic kinda hard.

Re:Can they do this? (1)

maxwell demon (590494) | about 9 years ago | (#12164606)

Well, but everyone has the right to sublicense the code to everyone else, as long as it's done under the GPL again. So it suffices if they find one third party who has a valid license and gives them the code again under the GPL. Or did I miss something?

Re:Can they do this? (1)

strider44 (650833) | about 9 years ago | (#12164667)

Quite obviously you did:

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. (copy-pasted from another post)

They have violated the GPL, and thus their rights under the GPL are viod - they can't distribute the program no matter what. That is my interpretation at least.

Umm nope (0)

Kjella (173770) | about 9 years ago | (#12164663)

Hasn't several developers permanantly revoked the GPL license from CherryOS so they can never use their code?

You can't simply revoke their license, the GPL has no provision for that (and thank God for that). They must be sued for violating the license terms (civil court), convicted and then their license is revoked. For everyone else it might be crystal clear but it is not legally settled before that. And then only for that work (not all GPL software), in that jurisdiction. Of course, if they keep going you can keep suing for more money.

As far as opening the code, "too late" for what? It does not in any way exempt you from being sued for damages and revocation of the license. It is a common settlement offer "open your code, and we'll call it settled", but is has no legal consequences by itself. No conviction would force them to open the code, just pay damages.

Kjella

Time for GPL Challenge (-1, Redundant)

bradhannah (858646) | about 9 years ago | (#12164420)

I think this sounds like a great time to legally challenge the GPL. Looking into my crystal ball I see....... GPL v1.1

Re:Time for GPL Challenge (0)

Anonymous Coward | about 9 years ago | (#12164522)

Looking into my crystal ball I see....... GPL v1.1

Thats one crappy crystal ball you've got there, Mystic Meg. The GPL is already at v2 and drafts of v3 are available.

Re:Time for GPL Challenge (0)

Anonymous Coward | about 9 years ago | (#12164525)

The GPL is already at version 2, with 3 in the works.

Yeah, right. (3, Funny)

dangitman (862676) | about 9 years ago | (#12164432)

In today's other top stories, Fox News just went liberal, and hired Al Gore as their director of programming. Michael Moore also decided to become a warblogger, and said he was wrong about everything he said about the Bush administration.

Too late! (1)

plott (865223) | about 9 years ago | (#12164440)

Lets hope the PearPC guy sue them and show them you don't mess with the GPL and get away with it!

Oh happy elation! (0)

Anonymous Coward | about 9 years ago | (#12164452)

From cherryos.com:

Due to Overwhelming Demand

Cherry Open Source Project

Launches 5.1.2005

Still as shady and two-faced as ever! They announce it like they are such wonderful people and doing the world a favor by imparting great technology on the open-source world. I know of at least one software giant that would love these PR evangelists to work for them. If you ask me, they would gain immensely by quitting their current theatre bit and getting hired at a different company.

Don't let it get away so easily (4, Insightful)

Wolfier (94144) | about 9 years ago | (#12164453)

It smells more like a half-assed effort to calm down legal threats than anything.

The moment you see their words "popular demand" you know they're STILL trying to lie and get away with something.

Open sourced how? (1)

bcmm (768152) | about 9 years ago | (#12164454)

If it's GPL this is actually legitimate. They're saying it's a code fork I guess...

Wow.
Months of FUD and a version of PearPC with a few superficial modifications! What a contribution to open source!

Somehow I doubt this will be a very successful fork, as the PearPC developers are probably not opposed to incorporating any real change.

Re:Open sourced how? (2, Informative)

mr.mighty (162506) | about 9 years ago | (#12164610)

It is not legitimate. By violating the GPL previously, they lost their rights under the GPL. Now they have no right to use the PearPC code unless the owners of that code explicitly give them permission. If they continue, even if they open source it, they are guilty of copyright violation.

What do you suppose the odds of that happening are?

I know what will happen! (2, Insightful)

paulius_g (808556) | about 9 years ago | (#12164455)

I bet you that their Open Source project will just be a part of CherryOS and not the whole application.

Ìt will ressemvle at a simple SDK so that software developers could somehow use some part of CherryOS.

If CherryOS was really programmed by XMS (Which I REALLY doubt), then a company would never just abandon a project like that. You don't abandon a program that you've used a lot of time and money to program.

Time will tell...
Time will tell...

Re:I know what will happen! (0)

Anonymous Coward | about 9 years ago | (#12164633)

You're absolutely right. They buy themselves a month under the misconception that it will all come out in the open. Then, come May, we find they are releasing a really nifty shell script under the GPL "due to overwhelming demand". In the meantime, maybe someone decides to drop that expensive lawsuit.
After all, the page only says it will be an open source project, not that it will be cherryOS itself.

BTW: There's no need to be diplomatic about the possability that cherrryOS isn't just PearPC. It's been proven beyond any reasonable doubt that it is.

Would somebody mod this guy up?

what happens if.. (1, Interesting)

Anonymous Coward | about 9 years ago | (#12164457)

They re-write the code that was borrowed from PearPC before it goes Open? Not only could they atleast still have a "business" to work with, but they're denying any proof that they did, infact copy PearPC and break the terms of the GPL.

Wouldn't this also allow them to get off scott-free in any court case? Or atleast have the court case dropped?

For those who don't know (0)

beforewisdom (729725) | about 9 years ago | (#12164471)

What is the Cherry OS?

Re:For those who don't know (1)

gl4ss (559668) | about 9 years ago | (#12164489)

well.. you might expect that those would click on either one of the links to get to know just what it is.

Re:For those who don't know (0)

Anonymous Coward | about 9 years ago | (#12164581)

Cherry OS is a rip-off of PearPC [pearpc.net] which is about PowerPC/Apple Mac simulation on the PC platform.

OMFG! (0, Insightful)

Anonymous Coward | about 9 years ago | (#12164477)

Has that guy never heard of the strings command?

EFF (0)

Anonymous Coward | about 9 years ago | (#12164482)

Won't the Electronic Freedom Foundation help here? It's either them, or there's another group that fights for the coders of open source software when someone steals it and then sells it -- but I'm not sure if it's EFF or some other group.

Does this even matter? (1)

Drunken_Jackass (325938) | about 9 years ago | (#12164508)

Does it really matter to the common user that wants to run OSX on their windows box? I'm sure they're still going to charge for it. Most people don't know the difference between open and closed source software.

They tried to pull a fast one, the OS community caught them, and now, what are the consequences?

Yes in the long run. (0)

Anonymous Coward | about 9 years ago | (#12164584)

They look stupid, is the consequence.

It's ok, hopefully they make money now and PearPC will improve from code improvements they provide.

That's all anybody wants in OSS.

Who gives a crap about CherryOS? (-1, Flamebait)

Anonymous Coward | about 9 years ago | (#12164514)

Shut up about CherryOS already

Poor wording of article (1)

harris s newman (714436) | about 9 years ago | (#12164532)

What you ment to say was: "Cherry OS admits to using open source in their software and will comply with the terms of the GPL."

Cherry OS using the gnu-head . . . (2, Interesting)

StateOfTheUnion (762194) | about 9 years ago | (#12164574)

On the first link of the topic, Cherry OS's website, there is a GNU image from the FSF . . .

Can Cherry OS put that on their website? Because they've alledgedly packaged up GPL software and sold it as their own closed source software, would the FSF allow them to use one of their trademarks?

I am surprised by this behavior and chalk it up to what appears to me to be blatant disregard for GPL and the law.

CherryOS "Inventor" can't even ... (0, Insightful)

Anonymous Coward | about 9 years ago | (#12164576)

...properly note dates cause 5.1.2005 is all wrong but I guess americans that cannot measure anything correctly cannot even write dates properly. Would be okay to write 5/1/2005 as anybody knows then it's the retarded american way, but this way it must be noted as dd.mm.yyyy like in any other civilized country.

Re:CherryOS "Inventor" can't even ... (4, Insightful)

benjcurry (754899) | about 9 years ago | (#12164617)

Right. I'm an American with a logical mind and I've never understood why people in the U.S. use mm.dd.yyyy...makes no sense. Either yyyy.mm.dd or dd.mm.yyyy, please!

Re:CherryOS "Inventor" can't even ... (0, Redundant)

pklong (323451) | about 9 years ago | (#12164714)

Hey most of us are Unix people here in one way or another so why not just say 1114905600 /me Waits for someone to correct him.

Macslash has covera....... (-1, Troll)

Anonymous Coward | about 9 years ago | (#12164588)

oh wait.....no they don't.

WTG CaCabenny!!!! Still deleting posts as well I see...

20721
DDR

So me the source. (0)

Anonymous Coward | about 9 years ago | (#12164594)

Using a GNU logo does not says nothing. I will like to see a download source link. Otherwise they will add more ilegal activities for using the logo for non-free software.

IP "theft" (-1, Troll)

Anonymous Coward | about 9 years ago | (#12164645)

I don't see the big deal here ... ok, it's technically illegal, but it's not *stealing*. The PearPC still have their code, it's not like CherryOS people went in and stole it off the shelves like CDs.

Stupid (0)

Anonymous Coward | about 9 years ago | (#12164655)

It's going open source because it's always been open source. They finally hired a lawer and realized they arn;t going to be able to bullshit their way though it.

The first release will take many months after which they finally realease the code after they have cinluded many open source projects into their own code base.

Read, they never had their own code base and now they are co-opting what's alreadu out there and claiming they integrated it into their product.

It's the bastard child of lawyers and slimeballs.

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