Linked by Thom Holwerda on Wed 4th Apr 2007 21:29 UTC
Zeta A lot of things have happened in the past few days concerning Zeta, BeOS, and Haiku. In order to create some order in the chaos, Eugenia and I have created a rough timeline of what happened the past 6-7 years. Read on for the timeline and some more thoughts on the matter. Update: Magnusoft ceases distribution of Zeta. Update II: Access answered the questions posed in the article.
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fyysik
Member since:
2006-02-19

Tough. From this Lefty's posting i got impression, that even GPL-ed code, if used in Zeta, cannot to be published now, which creates very bad contradiction, as it should be published by license (as GPL-licensed derived work was distributed in public).

Not to say about BSD/MIT licensed pieces which are known to be created by third parties from BeOS community and then improved by YT, like some drivers.

Corporate (ACCESS) virus which polluted all what YT/Bernd touched?

Reply Parent Score: 1

lucky13 Member since:
2007-04-01

Corporate (ACCESS) virus which polluted all what YT/Bernd touched?

Access is a very open source-friendly company. I really don't think you should blame them for Bernd's mistakes.

Reply Parent Score: 2

fyysik Member since:
2006-02-19

Well, but who will be guilty for possible GPL violation?
Person who don't publish changes, or company which prevents to do it by FD (U is from Bernd's side though), or person talking in the name of company (as till now no really official statement issued)?

Also, thing with "hidden" agreements don't look so simple, as you interpret it. If companies will refuse contracts which coudn't be found due internal disorder, e.g. happened in chain of bayouts, but existing in hands of other sides, it will be total crash of corporate world. Though, in our case it is speculation, as it seems Bernd still didn't show any evidence of contract, at least he didn't claim that he did.

But if he has it, things may be go much funnier - he can sue David Schlesinger personally for reputation and bussiness damage for sum, which overcomes those theoretical fines, which are, according word of mouth, included in NDA-part of his/YT contract with Palm as penalty for contract disclosure.

And don't forget, that YT is under permanent official, including tax-department-and-police, observation for couple of last months. As it is in insolvency/bankruptcy process. So, if any additional law violation, besides those "debts" will be discovered, like that bussiness was totally illegal (and, if Lefty is right - it was), we will know it officially as result of that process.

Edited 2007-04-07 13:02

Reply Parent Score: 1

Lefty Member since:
2007-04-05

Hm, well.

(I'm not sure I've got you correctly, but let's run with it...)

If Mr. Korz were to have used code which is covered by the GPL as part of Zeta, as it's been sold, I'd imagine he'd have had to have adapted it for that environment in some way. If so, since the modified versions seem not to have been republished or offered for reproduction (to legitimate purchasers of binary versions of Zeta), then that would presumably put him already in violation of the licenses on, and in infringement of the copyrights of, any of the code he used in such a fashion.

Is that what you meant...?

Reply Parent Score: 1

Vibe Member since:
2007-03-12

Doesn't Zeta come with music playback software? That might put them in violation of Fraunhofer IIS and Thomson's patents on MPEG Layer 3. Also, if they've included an implementation of OpenGL without proper licensing, I'd think that SGI would want to have a talk with Bernd Korz as well.

What puzzles me is how Bernd Korz hid behind a limited liability company, yet, as the "owner" of Zeta has managed to slide off the hook for his personal liability. As the original supplier of fake goods wouldn't this make him personally liable for damages? This smoke and mirrors makes my head hurt.

Reply Parent Score: 1

umccullough Member since:
2006-01-26

If so, since the modified versions seem not to have been republished or offered for reproduction (to legitimate purchasers of binary versions of Zeta), then that would presumably put him already in violation of the licenses on, and in infringement of the copyrights of, any of the code he used in such a fashion.

That's the way I see it also... and from what I've heard, this has already been an issue with Zeta in the past where FSF has contacted yT/Bernd asking for them to release the modifications to GPL'd code.

I think this is where the community is torn here: Many believe that the Zeta OS code is more-or-less illegally being used now - yet there are many applications that have been added to Zeta (many pre-existing independent BeOS apps) and improved as such. These are the applications and source that many in the community were hoping Bernd Korz would subsequently provide to the community as open-source.

Likewise, Bernd and co. have written several drivers for Zeta which are otherwise unavailable for BeOS/Haiku. It would be excellent for the community as a whole if these (hopefully) non-infringing bits of code were possibly made available.

I realize that with Bernd's tarnished reputation now, it's likely that any code he attempts to provide as open-source will likely be considered "tainted" - but is there a possibility that some of it might see the light of day again?

I suppose this rests entirely on whatever the outcome of future discussions, actions, and agreements are made between Bernd and ACCESS... I'm actually hoping that something positive may still come out of this.

Reply Parent Score: 2