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GNU is Not Unix Media Your Rights Online

Maui X-Stream at it Again? 293

Goyuix writes "In their latest commercial venture, Maui X-Stream, the now infamous company behind Cherry OS, has recently launched a suite of tools that once again takes advantage of GPL'd code to get their dirty work done... This time it is a set of video encoding, streaming and display tools. A choice quote from SourceForge: 'There are boundled dshow filters, string, toolbars, dialogs, command line switches, etc..., which can be verified easily by just running the applications and taking a look, or a bit harder by analysing the memory dump'. Is the situation getting worse or is community just getting better at finding the violators?"
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Maui X-Stream at it Again?

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  • by gbulmash ( 688770 ) * <semi_famous@ya h o o .com> on Monday May 02, 2005 @07:24PM (#12414256) Homepage Journal
    Is the situation getting worse or is community just getting better at finding the violators?

    I don't think it's the community getting better, at least not in this case. If you have a crook who is known to steal televisions and then put them in his front yard, disguised as birdbaths, you're going to get suspicious every time a new birdbath appears in his yard.

    Maui X-Stream is that crook and this video project is their latest birdbath.

    - Greg

    • On the smart side, he's gotten >100,000 people to look at his birdbath multiple times, where there hasn't been a single story on Slackware / debian / enlightenment / Nethack / etc on the Slashdot front page in weeks.

      Possible he's running Google ads somewhere nearby?
    • I thought the violations in their video products had been known for a while? IIRC, there was a discussion about it in the PearPC [pearpc.net] forums. Interestingly enough, one of the people who looked into it said that if it weren't for the fact that it was in violation of the GPL, their products would actually be pretty good.
    • I don't think it's the community getting better, at least not in this case. If you have a crook who is known to steal televisions and then put them in his front yard, disguised as birdbaths, you're going to get suspicious every time a new birdbath appears in his yard.

      well, GPL violations are not equal to stealing. The original sourcecode is still there. Maybe a copyright violation of some kind, so your analogy doesn't hold.

      I don't understand why the community has a problem with this in the first place.
      • by mrdaveb ( 239909 ) on Monday May 02, 2005 @08:33PM (#12414904) Homepage
        I don't understand why the community has a problem with this in the first place. The original source code is still under the GNU license.

        People who release code under the GPL are perfectly entitled to 'have a problem' with people breaching their software licence of choice.
        Anyone who thinks it's OK for others to take their programs, close the source and release modified versions shouldn't be using the GPL - try the BSD licence [opensource.org] instead.
      • I don't understand why the community has a problem with this in the first place. The original source code is still under the GNU license.

        The same reason plagerism is one of the more serious offenses you can commit in the acedemic world for a start.

        There's also the extra offensive nature that having been offered a very generous license for your hard work, these jackasses STILL choose to misapropriate it.

  • Getting worse? (Score:5, Insightful)

    by Drakonian ( 518722 ) on Monday May 02, 2005 @07:26PM (#12414270) Homepage
    It's hard to say it's getting worse since it's only one company that keeps blatantly offending.
    • Re:Getting worse? (Score:5, Interesting)

      by Anonymous Coward on Monday May 02, 2005 @07:42PM (#12414444)
      It's hardly just one company. The linux kernel, busybox and iptables seem to be popular among manufacturers of SOHO network devices. Sadly the GPL is not as popular.

      The various open source media player programs also attract gadget developers who don't care enough about licensing.

      Last but not least there is a trend to attempt legal and technical trickery to circumvent the GPL requirements. Companies which are completely aware of the license requirements are nevertheless building business models around open source and either try to make the GPL benefits too expensive for interested people or try to delay source releases indefinitely by continuously making small source management "mistakes".
    • Let's put a final to this. We MUST make a precedent. And we have to make a model punishment.

      Yes, we have to invoke... Katana Tux! [splitreason.com] (grrrrr)
    • Yeah, it almost seems like this company WANTS to get sued. They keep trying the same thing, even after they get caught. I'd be surprised if they don't get what they're asking for.
  • Worse (Score:4, Interesting)

    by breakbeatninja ( 846922 ) <envescent.gmail@com> on Monday May 02, 2005 @07:26PM (#12414277) Homepage Journal
    I think the situation is definitely getting worse AND the open source community is becoming more adament about exposing this sort of behavior. The problem is that all open source licensing relies on honesty and many commercial vendors don't know the meaning of it, so when the two sides clash, open source may get the short end of the stick.
    • Re:Worse (Score:2, Insightful)

      The problem is that many businesses see OSS advocates as "Dirty Pinko Commies" who just want to make everything free while they smoke their drugs and have promiscuous sexual relations. These "communists" don't believe in personal property, and aren't apt to be consumers in a capitalist society. Therefore, capitalists can abuse them and steal from them, and they can't do anything but whine and complain to Comrade Khrushchev.

      I realize that sounds silly, considering the fall of the Berlin Wall and Gorbachev

  • by thewldisntenuff ( 778302 ) on Monday May 02, 2005 @07:26PM (#12414282) Homepage
    But is the problem that they aren't properly stating who the source code belongs to? I mean, I thought code-copy was okay in the GPL so long as you noted the GPL warning and who the code came from.....For example, I can repackage an OS and sell it with my own support, etc (a la CentOS -> RedHat), so long as I make such statments, right?

    I really don't know - so it'd help if someone would explain it instead of modding me (-1, stupid)

    Thanks

    -thewldisntenuff
    • You also have to give the source code to anybody that you've given the binary to, if they ask. However, you are not obligated to give the source to everybody.
    • There are two basic ideas in the GPL.

      The first is that you cannot prevent people from sharing. So, if you sell someone a GPL program, you can't prevent them from handing a copy to a friend under the GPL.

      The second is that you must allow people to make their own modified versions of the software. In order for this to work, they have to have the source code to the software. So, you must provide the source code if asked, and you are not allowed to charge extra for source code.

      • Actually you are allowed to charge for the distribution of the source code. If I decide to send you the code on a floopy, I can insist that you pay me $0.20 for the floppy and whatever postage is. Similarly I could make you pay me for cost associated with bandwidth if you download it. Most people don't because the effort of attaching a dollar figure to you transfering 250Kbytes over my T1 probably would cost more then the transfer, and hey its the nice neighborly thing to do.
  • Well... (Score:5, Insightful)

    by Effugas ( 2378 ) * on Monday May 02, 2005 @07:27PM (#12414297) Homepage
    To be clear -- using dshow filters, piped executables, and so on is fine by GPL; you're just not allowed to link the code into your application. It looks like they modified the GUI tools, though, without releasing source. That's not allowed.
    • "you're just not allowed to link the code into your application"

      I wish people would stop repeating this. Some anal arse came up with this concept a long time ago and it did not make anymore sense then than it did now. The concept of a GPL violation during compilation or runtime is utterly ridiculous. If you allow that road of thought then running ANY software under the Linux kernel would be a GPL violation.

      The exception in the Kernel GPL version is not there because it is needed, it is there to silence id
  • by croddy ( 659025 ) on Monday May 02, 2005 @07:27PM (#12414305)
    Chat Information Please wait for a site operator to respond.
    Chat Information You are now chatting with 'Gene'
    Gene: Hello
    you: where are you distributing the vx30 source code pursuant to the conditions of the GPL
    you: hello?
    you: a simple URL is all that is required.
    Gene: If you knew what you were talking I would talk to you but...
    Chat Information Chat session has been terminated by the site operator.
    • You know, for some websites, live chat is the most expensive part of ths site... all those call center reps to pay... not that you could slashdot a call center and run up a huge bill, could you ...?
    • Sounds like HE didn't know what he was talking about and was trying to cover his ass by hanging up on you.
    • by AndroidCat ( 229562 ) on Tuesday May 03, 2005 @12:57AM (#12416683) Homepage
      I tried and got someone called Liza.

      > Hello, I am Liza.
      * Where are you distributing the vx30 source code pursuant to the conditions of the GPL?
      > Would you prefer if I were not distributing the vx30 source code pursuant to the conditions of the GPL?
      * A simple URL is all that is required.
      > Come, come, elucidate your thoughts.
      * What?
      > Does that question interest you?
      * What are you wearin ..

      She was no help at all.

  • as 'free' software pops up on the radar of increasingly unscrupulous people, more violations are taking place. At the same time, as the community gains more experience with people unfairly taking advantage of GNU software, they are becoming more vigilant.

    Not really an interesting question, to me the interesting question is...what the hell made them think they wouldn't get caught again?!?!
    • Not really an interesting question, to me the interesting question is...what the hell made them think they wouldn't get caught again?!?!

      Do it a few times, get slapped on the wrist a few times. They think "the community thinks I've learned my lesson - they probably have stopped checking up on me"

      It's that simple, really. That or they're run by 2-year olds who just don't learn and always think they won't get caught again (yes I have one of those).

  • by coupland ( 160334 ) * <dchase@hotmailCHEETAH.com minus cat> on Monday May 02, 2005 @07:28PM (#12414310) Journal
    My question is, what's to stop this sort of behaviour? Most free software projects operate under a tight budget as it is, how many have the funds to sue anyone who misappropriates their GPLed code? If every victim has to solicit donations to fund a lawsuit [slashdot.org] then what's to be done? Sure the FSF [fsf.org] can probably help, but I doubt they'd have the resources to defend the GPL on multiple fronts if violators launched a wholesale attack.
    • Sure the FSF can probably help, but I doubt they'd have the resources to defend the GPL on multiple fronts ...

      I suppose that if the expenses started to get out of hand, the FSF [fsf.org] could take a few of the more egregious offenders to court, rather than settling [fsf.org]. Or, they could simply start demanding a large cash settlement from the real bad guys. I'd say that their work could be self-funding, if they wanted to get mean.

    • by Audacious ( 611811 ) on Monday May 02, 2005 @07:52PM (#12414532) Homepage
      Actually, now that the GPL has been shown to be valid in court, it should be getting easier to have a lawyer represent you in court. Donations are then not needed because all you have to do is to make sure your lawyer gets paid when the money is collected from the people who have stolen/misappropriated/converted your GPL'd code into their applications.

      This is NOT to say that you can just go down to your local street corner and have lawyers rush towards you with open arms, gushing with enthusiasm about wanting to represent you in court. But any lawyer who deals with copyrights, patents, and such should have a very good grasp on how to go about dealing with people who misappropriate computer code. In many cases, all it really takes is for a lawyer to write a halfway decent letter to the offender for them to back off. Thus, for less than $300.00 you can probably find a lawyer willing to write the letter to the company.

      This is also not to say that the person to whom the GPL'd code belonged could not write a letter by just getting one of those Business Lawyer CDs and using the template letter to send a cease and desist letter.

      But I would use a lawyer. Mainly because it gives more force to what you are saying and/or doing.

      (And yes, IANAL! Not all of the time mind you - sometimes I'm just a normal person - but right now IANAL!) ;-)
    • Well looking at the price of the software, and assuming it is ripped off from GPL code, I'd say that the primary goal here is to make a lot of money without having put put in any up front R&D or programming costs. The key word here is "money". If enough was made, I don't think the real author would have any trouble securing a lawyer on contingency to sue the pants off of these guys. The ability to sue isn't the problem. The real problem is building a case and proving that the software is based on so
    • My question is, what's to stop this sort of behaviour?

      Nobody, unfortunately. When "Integrity Messenger" ripped off the Psi Jabber client [affinix.com], none of us could afford to pay for a lawyer. We tried to raise awareness by spreading news about the violation, but this only caused Integrity Messenger to threaten me with a lawsuit for slander (or something to that effect) and so we shut our mouths. I've been on a waiting list with the FSF since 2002 to get this case resolved, but nothing has happened. Christian R
  • Kill em. (Score:3, Funny)

    by jericho4.0 ( 565125 ) on Monday May 02, 2005 @07:29PM (#12414322)
    And if I see the "innocent until proven guilty" argument, I'll flip. This guy is a con artist, and the OS comunity needs to deal with it.

    Replace "kill" with "sue" if you live in such a legal enviroment.

  • by stox ( 131684 ) on Monday May 02, 2005 @07:36PM (#12414387) Homepage
    $799.00, holy cow, whatta deal!!

    BTW, what happened to 1.0?
  • by davidwr ( 791652 ) on Monday May 02, 2005 @07:39PM (#12414419) Homepage Journal
    Is it time to get a court injunction?

    Perhaps the time is right for a "GPL Clearninghouse" whereby authors can "contract" limited enforcement responsibilities to the clearinghouse. If PearPC and the items currently in question were both enforced by this clearinghouse, the clearinghouse would find it a lot easier to enjoin these people from ever violating the GPL again with respect to ANY code under its management.

    Judge, to the officers of Maui X-Streme:
    "You are hereby ordered to comply with the licensing restrictions of any and all code which now, or in the future, is owned or managed by The Clearinghouse, provided that The Clearinghouse informs you or the general public that it is managing the code in question. Failure to do so will be contempt of court, punishable by jail time. This order will be reviewed every 24 months. Do you understand?"
  • Acquisition (Score:5, Informative)

    by slamb ( 119285 ) * on Monday May 02, 2005 @07:43PM (#12414455) Homepage
    I think it's getting worse. They're by no means the only violators; just the most flagrant.

    I recently discovered that Acquisition (a popular Mac OS X gnutella client) is using GPLed Limewire code. It's not anywhere on the main Acquisition website, acquisitionx.com. The website implies the whole thing is written by David Watanabe. It's shareware with nag screens. Most users will never know there's Limewire code used. The most obvious place it's mentioned is the fine print of the "About" box.

    There is some source available, at AcquisitionX.org. (There are no links from the other site [google.com]. Found it through some googling.) This is the "core" of Acquisition, a modified version of LimeWire's core code. But the actual UI code is not released. The developer claims this is "full and complete compliance with the LimeWire GPL", but it's not. The key characteristic of the GPL is that you have to release applications that use GPLed libraries under the GPL themselves. He's following the terms of the LGPL instead. If they'd meant to release it under that license, they would have! He's profiting from other people's work without following their license or giving them proper credit.

    (Sorry for making people click through. I deliberately have no links to either Acquisition site because I don't want to increase his PageRank.)

    • So THAT's why Acquisition is so damn slow, it's as slow as Limewire. I use Poisoned instead!
    • Re:Acquisition (Score:5, Informative)

      by Steamhead ( 714353 ) on Monday May 02, 2005 @10:06PM (#12415639) Homepage
      The net core of Acquisition is piped rather then linked, thus it is in complete compliance with the GPL.
  • Becouse I would be happy to have that java video on demand on my site but I could not find a free (as in beer and as in speach at the same time) solution.

    Does anyone of you fellow /.ers know such a solution?

    Regards,

    Addario

  • by Arctic Dragon ( 647151 ) on Monday May 02, 2005 @07:52PM (#12414539)
    Are you interested in purchasing Mozilla Firefox Arctic Dragon Edition? It's yours for only 4 payments of $39.99 and a $50 monthly Update Subscription fee. If you want the source code, it will only cost you an additional $150!! Wow!
    This offer ends soon! Call now! Not available in stores.
    Call 1-800-GPL-FUCK

    DISCLAIMER: If you're a Mozilla developer and you see any similarities between your code and mine, it's only a coincidence.
  • I'm sure they made a small chunk of change on the CherryOS scam. Now they're just doing it again and hoping to skim some cash before they fess up and retreat.

    Someone needs to put them out of business for good if we're to claim any success in stopping GPL fraud.
  • From the description, the 'VX30' codec looks like Theora, and the Java player sounds like cortado [flumotion.net]. They even say they're using Vorbis as the audio codec, which wouldn't surprise me.
  • Quote from the movie blazing saddles.

    Taggart: I got it. I got it.
    Hedley Lamarr: You do?
    Taggart: We'll work up a "Number 6" on 'em.
    Hedley Lamarr: "Number 6"? I'm afraid I'm not familiar with that one...
    Taggart: Well, that's where we go a-ridin' into town, a whampin' and whompin' every livin' thing that moves within an inch of its life. Except the women folks, of course.
    Hedley Lamarr: You spare the women?
    Taggart: NAW. We rape the shit out of them at the Number 6 Dance later on.
    Hedley Lamarr: Marvelous.
  • Call Them Up! (Score:4, Informative)

    by Jukashi ( 240273 ) on Monday May 02, 2005 @08:06PM (#12414651) Homepage Journal
    Seriously here their number: 1-808-661-5699

    I just gave the guy a piece of my mind, if we all do it...well they'll just change the number - but its fun! lets hear some recordings!
  • To much of that Maui-wowwie . Come on it's the only thing that could explain how stupid these guys are.
  • Specially with a dedicated website [gpl-violations.org] for posting these frauds.
  • by Ravenrage ( 739755 ) <cliffordNO@SPAMtampabay.rr.com> on Monday May 02, 2005 @08:20PM (#12414787)
    and when i asked about when they are going to release the code i was told quote "if those lazy bitches on slashdot bothered to check the evidence they would know it contains no gpl code" and when i asked about the fact that the claim can be verified i was told "fuck you" and then they hung up
  • by wan-fu ( 746576 ) on Monday May 02, 2005 @08:28PM (#12414850)

    Assuming that this really is a GPL violation, then I'm surprised they've already got some big names to fall for the con. On their own website, they make mention that VX30 was used by HFPA. I was incredulous of course and decided to do some fact checking. Well, turns out, it's true! The video gallery [hfpa.org] over at the Golden Globe awards has an icon for VX30 which links back to MXS.

    Here's what I think would be the most hilarious thing of all:

    1. the code turns out to be a GPL violation.
    2. HFPA gets mad, makes a ruckus - especially to the movie industry
    3. movie industry sues MXS
    4. ???
    5. Slashdotters celebrate and rejoice over the movie industry suing someone
    Wouldn't that be something?
  • Company /Contact

    Please Register Your Information With Us First

    I don't think so.
  • i was under the impression that this had been known for some time. when i saw the headline i thought that they were distributing some new gpl ripoff, not something that has been discussed for (almost) as long as the cherryOS mess.

    then again, this is slashdot...
  • Microsoft, MPAA, and RIAA.
  • To report them to Hawaii's AG and the Better Business Bureau yet? Let the AG get up in their shit with a fraud investigation and see how many more times this wart on the dong of the open source community reappears after that...
  • These guys [luxuriousity.com] look like all they're providing is stuff like GIMP and Open Office. Unless the disks have the source on them, I somehow doubt that they're exactly complying with the GPL.

    Got to love their mailing address. A PMB at a P.O. Box.

  • They are making an easy to use version of free software for profit. So here's a wierd idea: Copy thier work and make a free or low cost version of the same software. Learn from what they did and recreate it.
  • and they will GO AWAY!

    the more its brought up, the more they do to get in the news. its only GOOD BUISNESS PRACTICE...

    they dont care about the GPL, open source, ect.
    they just want free exposure, and they are getting it.

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