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The Icon Bar: News and features: Castle Technology deny GPL breach
 

Castle Technology deny GPL breach

Posted by Andrew Poole on 19:10, 10/2/2003 | , , , , ,
 
The Icon Bar has just recieved a press release from Mike Williams, on behalf of Castle Technology in response to the recent claims that they had used code which was protected by the General Public Licence.

In the Press Release, they state the following:

  • "The RISC OS 5.00 kernel did not contain work taken from or derived from the ARM-Linux or Linux kernel."
  • "The RISC OS 5.01 kernel did not contain work taken from or derived from the ARM-Linux or Linux kernel."
  • "The RISC OS 5.02 kernel does not contain work taken from or derived from the ARM-Linux or Linux kernel."
  • "There are no plans to use GPL derived code in any part of the RISC OS kernel in the future."
The press release goes on to state that "For the avoidance of doubt, the hardware abstraction layer (roughly analogous to a PC's BIOS) has it's PCI allocation and bridge setup based in part on the following functions from the Linux kernel sources:"
  • pci_alloc_primary_bus
  • pbus_size_bridges
  • pbus_assign_resources_sorted
  • pci_setup_bridge
  • pci_bridge_check_ranges
  • pbus_size_mem
  • pbus_assign_resources
  • pci_assign_unassigned_resources
  • pci_scan_bus
  • pcibios_update_resource
  • pci_read_bases
  • pci_alloc_bus
  • pci_add_new_bus
  • pci_do_scan_bus
  • pci_scan_bridge
  • pci_setup_device
  • pci_scan_device
  • pci_scan_slot
  • pcibios_fixup_bus
  • pci_calc_resource_flags
  • pci_size
  • pdev_fixup_device_resources
  • pbus_assign_bus_resources
  • pci_do_scan_bus
  • pcibios_fixup_pbus_ranges
  • pci_assign_resource
  • pdev_sort_resources
  • pdev_enable_device
  • pbus_size_io
Castle state that "any company or individual wishing to recieve a copy of the source code to this component should apply in writing to:"
The Managing Director
Castle Technology Ltd
Ore Trading Estate
Woodbridge Road
Framlingham
Suffolk
IP13 9LL
You will also need to enclose a formatted 3.5" floppy diskette and return postage stamps (or international reply coupons if you are outside the UK)

"These sources will also form an integral part of a forthcoming Linux port to the IYONIX" they go on to state.

Finally, they close by saying "With the tough goal of fitting all of the supporting software and applications for the IYONIX computer into just 4Mbytes of ROM, later issues of the supporting software have had to have function names removed (along with a strategy of tokenising textual messages and compressing binaries) to make room for, in particular, the support for the 'boot keyboard' USB drivers."

Update: for further debate on this subject, head over to Slashdot.
 

  Castle Technology deny GPL breach
  This is a long thread. Click here to view the threaded list.
 
Stinky Wizzleteats Message #91759, posted at 20:20, 10/2/2003, in reply to message #91758
Unregistered user tak's skipping my point rather judiciously!
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Simon Wilson Message #91760, posted by ksattic at 20:20, 10/2/2003, in reply to message #91759
ksattic
Finally, an avatar!

Posts: 1291
It depends on your definition of "based on", just as it depends on their definition. It's not a crime to read the Linux source, then go away and write your own OS code based upon what you learned, so long as no direct copying takes place.

This is why we should suspend further judgement till we can see the sources.

  ^[ Log in to reply ]
 
Andrew Sidwell Message #91761, posted by takkaria at 20:20, 10/2/2003, in reply to message #91760
Member
Posts: 324
By the way, drobe.co.uk now has an article on this issue - see http://www.drobe.co.uk/riscos/artifact559.html
  ^[ Log in to reply ]
 
marvinborg Message #91762, posted at 20:21, 10/2/2003, in reply to message #91761
Unregistered user "Based in part" does not sound like headers to me. If it was just headers, then why are they offering source code

It sounds like they have taken more than headers and believe (very mistakenly) that offering source code to the GPL component is all that is needed to comply with the license. They need to get a new lawyer with a clue in copyright law.

The whole wording of this announcement is cryptic at best. It seems like the following rationale is going on: "Only a tiny part is based on GPL code, it is not the whole thing. So here, have the source to that part and go away...".

If the PCI allocation components are in fact "based" as in substantially similar to the GPL code, then they are a "Derived Work". Under copyright law they have no right to do this. Under GPL license they can do this ONLY if they release the ENTIRE derived work under the GPL also.

This stinks to high heaven. I think it is nothing more than naive profiteering, thinking "it's free, let's jsut use it". They are now dismissing the whole issue. I expect to see some furious back-pedalling pretty soon. I don't think they appreciate the s**t storm that's brewing.

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GuestX Message #91763, posted by guestx at 20:23, 10/2/2003, in reply to message #91762
Member
Posts: 102
I grant you that the press release could be badly-worded, and that they meant to say that they just used the same interfaces as those found in the Linux sources, but press releases which are supposed to address serious legal issues really shouldn't be badly-worded.
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Andrew Sidwell Message #91764, posted by takkaria at 20:25, 10/2/2003, in reply to message #91763
Member
Posts: 324
marvin: they are offering source code to clear up this issue so people can see for themselves what is happening.

We have this rule: innocent until proved guilty. Originally, we thought they were guilty (because of gerph's evidence); now they're offering source code for that part, we can't make judgement until we've seen the code.

I've been protecting CTL from the pointless "Castle are probably still in the wrong even though we haven't examined the new evidence" comments.

  ^[ Log in to reply ]
 
NeilWB Message #91765, posted at 20:27, 10/2/2003, in reply to message #91764
Unregistered user It seems to me that Castle are making two statements:
1) The RISC OS 5 kernel does not contain work taken from or derived from the ARM-Linux or Linux kernel.
Therefore the fact that this code is proprietary (copyright CTL or Pace or) does not create an issue in terms of GPL
2) The hardware abstraction layer DOES contain code based upon Linux kernel sources, BUT, they will release the source code and are thus not in breach of GPL

Neil

  ^[ Log in to reply ]
 
Stinky Wizzleteats Message #91766, posted at 20:28, 10/2/2003, in reply to message #91765
Unregistered user ...and the fact that chunks compile identically is sheer co-incidence. Come on.

Bang to rights. Bake 'em away toys!

  ^[ Log in to reply ]
 
Andrew Sidwell Message #91767, posted by takkaria at 20:31, 10/2/2003, in reply to message #91766
Member
Posts: 324
Neil: I agree with point 1, but I think that your second point is inaccurate.

2) The hardware abstraction layer DOES contain code based upon Linux kernel sources, BUT, they will release the source code and are thus not in breach of GPL

Yes, the hardware abstraction code does contain code based on work for the Linux kernel - but as Castle say they're not using any GPL'd code, you have to assume that they've just used the same APIs (interfaces), but with proprietry code behind these interfaces. Interfaces are allowed to be used by non-GPL products, which is why there is no breach of the GPL.

Of course, all this is based on what Castle have said, and it may not bear any relation to reality; it's just my (logical, I hope) assumptions.

  ^[ Log in to reply ]
 
marvinborg Message #91768, posted at 20:31, 10/2/2003, in reply to message #91767
Unregistered user takkaria:

This is not a court of justice, it is a court of public opinion ;-).

I am simply speculating, like everyone else. Since castle made it a huge PITA to get the code, there is going to be nothing BUT speculation for a while. BTW, who is sending floppies? Please let us know if you are!

In the mean time, I am reading the release and finding a lot of reasons to have doubts. I express those doubts not as a judgment but as food for thought, engaging like others in idle speculation.

Part of me hopes they have not taken GPL code, because it would be wrong to do so. Part of me hopes this case becomes a precedent to protect the GPL.

I am torn...

Here's why I am sceptical:
- "These sources will also form an integral part of a forthcoming Linux port to the IYONIX"

I read: "It's going to be part of a Linux port, so it's OK"

"any company or individual wishing to recieve a copy of the source code to this component"

I read: "Look, we're complying!"

""The RISC OS 5.00 kernel did not contain work taken from or derived from the..."

I read: "It depends what the meaning of \"is\" is, and in any case we did not inhale"

  ^[ Log in to reply ]
 
Andrew Sidwell Message #91769, posted by takkaria at 20:37, 10/2/2003, in reply to message #91768
Member
Posts: 324
I'm planning to send off for them. Don't know if I'll get round to it or not, though.
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Chris Williams Message #91770, posted at 20:53, 10/2/2003, in reply to message #91769
Unregistered user You beat us to it Andy. As mentioned above, here's the drobe.co.uk article on Castle's statement.

Chris. drobe. there's enough slashdot for everyone!

  ^[ Log in to reply ]
 
Andrew Poole Message #91771, posted by andypoole at 20:57, 10/2/2003, in reply to message #91770
andypoole
Mouse enthusiast
Web
Twitter

Posts: 5558
Tsk! Advertising on the opposition :p Whatever next?
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sdfhskdf Message #91772, posted at 21:47, 10/2/2003, in reply to message #91771
Unregistered user
the hardware abstraction layer ... has it's PCI allocation and bridge setup based in part on the following functions from the Linux kernel sources

Doesn't that mean they DID include code from Linux?

  ^[ Log in to reply ]
 
nunfetishist Message #91773, posted at 22:47, 10/2/2003, in reply to message #91772
Unregistered user So then - where does the hardware abstraction layer exist in the RISC OS source? .... The kernel? That's what it looks like.
  ^[ Log in to reply ]
 
Bored Message #91774, posted at 23:39, 10/2/2003, in reply to message #91773
Unregistered user <quote>So then - where does the hardware abstraction layer exist in the RISC OS source?</quote>

You can find the answer to this on in the description of the HAL on Castle's web site.

This says: "RISC OS and the HAL are two separate entities, potentially linked separately."

So the answer to your question would seem to be that the HAL exists nowhere in the RISC OS source, in the same way that a PC's BIOS source does not form part of the Windows kernel.

  ^[ Log in to reply ]
 
elton_john Message #91775, posted at 01:48, 11/2/2003, in reply to message #91774
Unregistered user
I don't think they appreciate the s**t storm that's brewing.

I don't think that you, and many others, realise how insignificant your opinions are in the real world. Because a group of saddos on the Internet accuse Castle of something doesn't mean they'll end up in court. If you think they are guilty, then YOU have to prove CONCLUSIVELY that they are. The fact that they are offering to prove themselves innocent by supplying source code is simply a gesture of goodwill and an attempt at avoiding time-consuming legal doings.

To me, it looks like a big smear on Castle made by parties with other vested interests.

All you people who have accused them outright of stealing code have opened yourselves up to prosecution for a variety of things including corporate slander. You'd best hope that CTL don't take to the solicitors as easy as D Atkins does.

  ^[ Log in to reply ]
 
Geoff Message #91776, posted at 02:08, 11/2/2003, in reply to message #91775
Unregistered user When I can afford an Iyonix,the Linux port is one extra
I would not take up.I lump it along with the opposition
e.g.Macs and M$.
For me you can stick those where the sun don't shine.
  ^[ Log in to reply ]
 
Gavin Smith Message #91777, posted by SparkY at 04:44, 11/2/2003, in reply to message #91776
Danger! Danger! High Voltage!
Posts: 697
That kind of kinkiness should be taken to the Playpen for Moss's entertainment ;)
  ^[ Log in to reply ]
 
Horse Message #91778, posted at 10:37, 11/2/2003, in reply to message #91777
Unregistered user Well, Elton, those "saddos" belong to a group who have done a hell of a lot more in computing than you seem to realise, although I can imagine that your perceptions are somewhat coloured by a strict adherence to one of computing's last remaining "banana republics" that you seem to share with Geoff.
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John Hoare Message #91779, posted by moss at 11:23, 11/2/2003, in reply to message #91778

Posts: 9348
Using phrases such as "a group of saddos on the internet" doesn't help matters. Actually, I think it's offensive to practically anyone who comments here ;-) People who use such phrases are resorting to insults because they can't hold a proper argument.

Anyway, let's just see what Castle's released source is like; everyone can make a proper judgement then. Until we get our hands on it, there's not much more anyone can do, and opinions on the subject are fairly meaningless.

  ^[ Log in to reply ]
 
John Hoare Message #91780, posted by moss at 12:45, 11/2/2003, in reply to message #91779

Posts: 9348
Having said that, I *do* find it odd that they simply haven't put the source up for download, and that you have to send off for it. There is something odd about that.
  ^[ Log in to reply ]
 
Glitch Message #91781, posted at 16:59, 11/2/2003, in reply to message #91780
Unregistered user Well if it ISN'T GPL or open source code that they are sending out then they have every right to not to put it on teh interent as if would be freely distrubuting proprietry code.

now as it stands they say that they own the code and therefore the source code would only then be for privtae view purposes.

Also at the comment about slash dot having done more programming.
most people who posted it seems had very little interest in coding, also very little understanding of the item they were talking about.
im sure that many of the people at slashdot are what we call powerusers, but there is a difference between a poweruser and a programmer. one programs, and one fiddles.

also it seems that alot of the slashdot comments that did know something about RISC OS had alot of vested interest, and seemingly grudges and vendetas against some of the people in the community.

  ^[ Log in to reply ]
 
Darren Winsper Message #91782, posted at 17:21, 11/2/2003, in reply to message #91781
Unregistered user While I'm loathe to praise any part of Slashdot, there are a number of very intelligent people on there, including a large number of programmers and people who understand software licenses. And what they have to say is this: nobody has ever successfully challenged the GPL. They have backed down every time.
  ^[ Log in to reply ]
 
Horse Message #91783, posted at 17:46, 11/2/2003, in reply to message #91782
Unregistered user Whilst there are a lot of "screaming teens" over on Slashdot, many of whom knowing virtually nothing about software (even though they think they do), and whilst there are also a number of misguided activists, demanding the source code without knowing the actual terms of the GPL, it has been known that in almost every thread there exists a handful of contributors that do post meaningful commentary, and their commentary even gets rated highly enough to be picked up with high levels of filtering switched on.

The smart commentary isn't that which says, "Let's screw them right over!" It's the commentary which states that if Castle have violated the GPL, they really ought to come as clean as they can, as fast as they can. We now await the views of the inspectors. ;-)

  ^[ Log in to reply ]
 
John Hoare Message #91784, posted by moss at 18:01, 11/2/2003, in reply to message #91783

Posts: 9348
Yes. I'm sure there's an entertaining news article to be written using that analogy...
  ^[ Log in to reply ]
 
Glitch Message #91785, posted at 22:00, 11/2/2003, in reply to message #91784
Unregistered user Yes but also reading through there, were a high amount of comments that were just trolling rated 5 and some really good comments rated 1 or 2.

its a shame you have to grind through loads of "they are guilty" "screw 'em" "im gonna spout randomness" "mail bomb x website" to find something that said "well its only a rumour" and intelligent decussion on the GPL.

maybe there are alot of programmers who use the website, but by reading this particular thread it gives the impression its just aload of script kiddies, uninformed morons, and generally sad teenagers who should have been banned form using a computer for reasons of stupidity.

i personally don't have enough time to form an opinion of /. just that the thread on it was a total waste of my life reading, though it did highlight that there as some nasty pieces of work who have left the risc oc community.

  ^[ Log in to reply ]
 
Darren Winsper Message #91786, posted at 22:24, 11/2/2003, in reply to message #91785
Unregistered user Glitch: While I agree with you for the most part on Slashdot, I really think calling it a rumour is a tad misleading. There was quite strong evidence even before Castle admitted to using GPL code.
  ^[ Log in to reply ]
 
Simon Wilson Message #91787, posted by ksattic at 22:50, 11/2/2003, in reply to message #91786
ksattic
Finally, an avatar!

Posts: 1291
Castle have not admitted to using GPL'd code!!!
  ^[ Log in to reply ]
 
Darren Winsper Message #91788, posted at 00:19, 12/2/2003, in reply to message #91787
Unregistered user Castle have said they've based at least part of their HAL on part of Linux. Since it's based on Linux, and doesn't just provide a common interface, they are using Linux code. Linux code is GPL. Thus, Castle have used GPL code. At the very least, they've looked at the GPL code and based their code on it. That's a somewhat grey area (See the Compaq cloning the IBM BIOS issue).
  ^[ Log in to reply ]
 
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The Icon Bar: News and features: Castle Technology deny GPL breach