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Okay, here we go... As I understand it, Bernd (not YellowTab or Magnusoft) has some kind of non-perpetual deal with Palm (which then passed to Access or whatever) till 2009 or there abouts, to allow a one off one way access to the source, and then rights to use that sourcebase whilst the license is valid. All changes that are made to the BeOS source code are meant to be folded back into the main source (hence libZeta - a new component that is NOT part of the codebase licensed) and I think they've done very little to the core OS and have built on top of the main structure rather than change it so as to retain copyright.
This is why Bernd always takes the source with him. No Bernd, no source access.
Why am I saying this - I'm tired of reading the BS people spout about yT/Bernd. He's never seemed like a particularly bad person to me. He even *gave* me a free license to Zeta to develo some apps for them. This fgot me from RC3 all the way up to Zeta 1.2 for the cost of an upgrade (€10 a time.)
Then again, who knows. INAL.