netkas.org

APSL violation.

As we recently discovered, psy’s DUBL is based on opensource boot-132

here is small part of APSL

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and

(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).

So, here is email I sent to them on 29 Oct., and got no answer:

Hello,

It was recently discovered that part of your RebelEFI, the DUBL is based on opensource boot-132, which is provided under APSL2 terms.

I downloaded trial demo from your site, and want to get sources of DUBL as well, where can I get them?

Also there is no copy of APSL license comes with DUBL.

Comments

  1. yossi
    November 5th, 2009 | 8:55 am

    They are selling “stolen SYSTEM” what did you expected from thief?

  2. XPbIM3
    November 5th, 2009 | 10:41 am

    nothing to expect.
    this is some king of a warning -)

  3. myName
    November 5th, 2009 | 11:04 am

    Hi,
    I appreciate your work Netkas, but i have to ask you: What about sources for PCEFI < 10 ?

    ///it’s lost

  4. KarMADon
    November 5th, 2009 | 12:40 pm

    as I wrote – KILL’EM ALL
    %)

  5. November 5th, 2009 | 12:40 pm

    Sounds pretty lame but what about getting everyone to sign one of these online petitions if the feelings are so strong about this?

    perhaps something along the lines of -

    “We, the hackintosh community hereby sign a demand for a public apology from p$y$tar, for the general lack of acknowledgement to the original creators of the open source code their products are based on and also furthermore, that the full source code for all p$y$tar software products should be provided openly back to the community from which they came, with immediate effect”

    maybe it would be useful just to gauge the size of the community at this time (I suspect in the tens or even hundreds of thousands!)

  6. hexx
    November 5th, 2009 | 12:42 pm

    they won’t reply, unless it gets more attention from press

  7. hexx
    November 5th, 2009 | 12:43 pm

    they’ve been ignoring apple for some time, they’re bunch of thieves and little braindead f****s

  8. Joshua-fr
    November 5th, 2009 | 1:46 pm

    Hi all,

    I’ve tried Parallels 5 in demo and it looks like its boot loader looks the same as Chameleon…

    Am i wrong?

    Josh.

  9. netkas
    November 5th, 2009 | 1:49 pm

    Joshua-fr, you are right, but, apple allowed parallels to make vm for mac(guest), so maybe they licensed boot-132 to parallels under non-opensource license

  10. kirasir
    November 5th, 2009 | 1:49 pm

    Не надоело? это буржуи дети наивные, но Неткас, ты то русский. Какали на все свободные лицензии, причем повсеместно. А вот еще перепишут процентов 30 кода и себе лицензию возьмут. Мораль: лицензируй в приличном формате свои наработки.

  11. netkas
    November 5th, 2009 | 1:50 pm

    kirasir, ты не прав, это лишний повод для эпла засудить псистар. вот в россии apsl не работает, это да.

  12. kirasir
    November 5th, 2009 | 2:13 pm

    нереально. Джинн вылез из бутылки и бороться с этим, все равно, что против ветра. К тому же пусть эппл расскажет теперь каким образом она “забыла” замаксать нокии. Еще раз советую, лицензируй софт и разработки, вот тогда будет толк. (у меня, к слову, книгу сперли и не поморщились в АСТ).

  13. Konami
    November 5th, 2009 | 4:37 pm

    The whole Psystar business is run by thieves. I really hope that Apple shut down their business.

  14. Andreas / mitch germany
    November 5th, 2009 | 8:05 pm

    “The whole Psystar business is run by thieves. I really hope that Apple shut down their business.”
    You paid all your software on YOUR PC-Mac i assume !
    When not i would be soooo silent with such things you talking about.

  15. mrxways
    November 5th, 2009 | 8:27 pm

    I hate it if hackintosh community will become commercial…
    because we did it just for fun….
    since 10.4.3 to 10.6.1, we did it from imposible to posibble to install apple to any hardware.
    We love u netkas…if you dont like it…we will dont like it too :)

  16. Txabi
    November 5th, 2009 | 9:45 pm

    Andreas: I doubt konami goes around selling copies of his hacked OSX on his own computer for a profit. I also doubt he took other people’s opensource and tried to sell it at a ridiculous markup either.

  17. Robocop9000
    November 6th, 2009 | 4:39 am

    Good for you Netkas. These Psystar people are ruining everything for the Hackintosh/OSx86 community.

  18. Robocop9000
    November 6th, 2009 | 4:42 am

    Andreas: I for one paid for all my software. I paid for OS X, paid for Windows, paid for all games I play, purchased all commercial software that I use. Not everyone, even OSx86 users, infringes copyright to get software.

  19. joe75
    November 6th, 2009 | 5:31 am

    how ironic it is that you people think they are stealing, when we all are stealing from apple!

    @Robocop9000, every osx86 user infringes on apples rights by installing osx on non-apple computers, wether they pay for that OS or not.

  20. cparm
    November 6th, 2009 | 7:51 am

    @joe75

    i don’t know for you but in my country i doesn’t violate any law by installing osx on a pc

  21. logix
    November 6th, 2009 | 8:53 am

    I see it this way…

    regardless — considering everyones point.

    how hard would it have been for psystar to throw some lines in there that say … thanks to etc, etc, etc,

    not that hard… now … also , The realisticness of this is : netkas is pissed and is making a post, being a hardworking author of code- straight up, to have it taken and sold retail, is a disturbing thought.

    in any situation taking something that is freely available and calling it yours and selling it is Greedy evil crap. apple has been known for this…

    to those of you that say, people from the osx86 community are stealing – if it was not available most or all would not have anything to do with apple or the os.

    but people like psystar because they are profiting.. making money hands down from popularity of apples brand – and the availability of code by hardworking people that do it
    and release ground breaking accomplishment –

    psystar is a leech, a cock roach, a bunch of crooks making money and demoralizing the community and the hard workers.

    if what they are doing is considered the american dream .. then there is not much more to say, is there.

  22. apocolipse
    November 6th, 2009 | 11:10 am

    @joe75 & @cparm
    If the OSX is purchased, its not stolen period. Now installing it on a PC may be a violation of Apple’s EULA, however thats not stealing, just a violation of Usage Terms. The reason many EU countries its not illegal/violation is because in EU countries laws state that basically “if it can run, you cant have usage terms saying you cant run it” unless it is firmware (but firmware is limited to its own hardware, right? well so is osX right? well they dont list it as firmware or an embeded OS so it cant be considered such)

  23. Pretz
    November 6th, 2009 | 3:19 pm

    In my country a EULA is not a legal contract. So they have no legal value.

    ///EULA != APSL

  24. mike
    November 6th, 2009 | 3:35 pm

    First off, Netkas is the man, we would be nowhere without him.

    Second off, yes, Psystar sucks.

    However, the truth of the matter is that a win for Psystar is a win for us as well, and a huge one at that. Although credit should be given to Netkas for his work, it could be a big mistake for us to team up against Psystar, especially if we help Apple beat them in court. Who knows what measures Apple will take to prevent their OS from being installed on a PC once they win their case against Psystar. Furthermore, it really deters anyone from attempting to do what they have done in the future. Now, obviously they aren’t what we were looking for, but they are something. I just think that the situation sucks for Netkas individually but it is not bad for the OSX86 community overall.

  25. Adam
    November 6th, 2009 | 6:34 pm

    Kill those stupid Psystar dumb idiots!

    The worst is, that some generic Apple news/rumors websites connect Psystar with the complete OSx86 community!

    We aren’t like those idiots, we don’t wanna make a retail-ready product!
    We just wanna hack it and have fun :D

    At least this is my opinion.

    Adam

  26. tarek
    November 6th, 2009 | 7:22 pm

    i need my money :P

  27. FightingDiva
    November 6th, 2009 | 7:39 pm

    I think its a good thing that the osx86 community exists, it is fun to make a working hackintosh just for the sake of it.
    As for a company such as Psystar atleast they could try to compile their own source code and not stealing an opensource code thus making them look bad (stupid?).
    Kudos and thanks to Netkas and the rest of the gang behind the osx86 scene, I really hope things will work out your way in this matter (and in any matter).

  28. Oleg
    November 6th, 2009 | 8:03 pm

    Неткас, возможно от этого и будет некоторой прок, но вряд ли повлияет на псистар в данный момент.

    Кирасир правильно говорит, что все же стоит лицензировать свои наработки. А псистар погуляет со славой в интернете некоторое время, а потом и до локтей дело дойдет.

    если продолжать в том же духе, скорее кто-то заработает приличную сумму на чужой работе.

  29. November 6th, 2009 | 8:10 pm

    we all know who to obey … NetKas !!!

  30. Robocop900
    November 6th, 2009 | 9:20 pm

    joe75: “every osx86 user infringes on apples rights by installing osx on non-apple computers, wether they pay for that OS or not.”

    No, they break a term of an Apple EULA. Whether that particular term should be enforceable or not is an open question. My point was that OSx86 is not for piracy, but for the technical challenge of running OSX on PCs. I also buy real Macs and will continue to do so.

  31. digitalperformer
    November 6th, 2009 | 11:02 pm

    Netkas… Thank you for all your contributions and eye opening teachings. It’s time for Apple to free Mac OS X from it’s prison sentence and allow it to be commercially installed on any X86 computer. Are we still living behind the iron curtain where what’s “mine is mine and fuck off”? Cripple Microsoft and release OSX!!!!!!!!!!!!!!!

    Hey why are Russians such good programmers? better than Indians?

    ////lol

  32. kmk
    November 7th, 2009 | 12:12 am

    guys, pound their website with comments. post comments
    on all news forums about them selling open source code
    whenever you get chance!

  33. makenetkashappy
    November 7th, 2009 | 2:44 am

    Instead of projecting netkas as a God donate him a fee to make him happy.

    It’s not worth talking about what Pisstar did, they are dead anyway.

    So netkas please reply your paypal so i can donate you a small amount. If everybody who reads this do the same netkas has a good weekend en can continue to do some things which have more sense instead of digging what pisstar has stolen.

    ///ohai, paypal doesnt allow peoples from my country to receive moneys.

  34. November 7th, 2009 | 12:30 pm

    Yeah i think apple may be using psystar as a pilot case,

    once psystar went up, with in the week i started seeing ‘ intel apple mac clones ‘
    for sale on CL and EBAY-

    So if apple wins, and takes psystar down, they may get ballsy and then go after
    everyone, taking down sites one by one, Sewing people one by one.

    IF you use – bought – sold – make code that makes osx work – or even if you know some one that uses osx on a non Apple Branded machine – your going to have to pay a hefty fine.

    You never know maybe apple planned this from day one… knowing once their products die down and they get board, generate income sewing everyone.

    after all they are in business to make money – it will make their stockholders happy.
    i guess profit is profit.

  35. Konami
    November 7th, 2009 | 2:41 pm

    Charles:

    I agree and disagree with you because what Apple may know or not knowing its that we (OSX86 community) are the stronger and most powerful new switchers to Apple platform. Which means more market share for apple. I agree that Apple may enforce their EULA and perhaps take down one by one the OSX86 community. But I truly believe that OSX86 community make benefit Apple even more than damage it.

  36. makenetkashappy
    November 7th, 2009 | 6:36 pm

    Just investigated the donation options. Netkas they suck.
    Is there any option to send you money by paypal already ?
    Did somebody managed to send you money by mail ?

    Grtz Hannibal1969

  37. Goron
    November 7th, 2009 | 7:33 pm

    @35:

    In my opinion this would only make sense, if NO distros were made availlable to the pblic, just the open source parts, so that everyone would be forced to buy at least a legal license of the OS …. just my 2 cent …

    Cheers

    Goron

  38. Yossi
    November 8th, 2009 | 1:03 pm

    Hi Netkas,

    I suggest cracking “Psystar Rebel EFI” DEMO program and fucking them too!!!
    They can do nothing about that.
    What do you think?

  39. November 8th, 2009 | 5:47 pm

    No man, no way to crack it.
    We need to fuck they with the APSL License.
    If we build a keygen to their “chameleon” the APSL violation will continue, we need stop them!

  40. XL
    November 12th, 2009 | 9:10 pm

    IMO this should be posted here http://en.wikipedia.org/wiki/Psystar#Rebel_EFI

  41. November 15th, 2009 | 4:57 am

    Might make you feel a little better…

  42. November 15th, 2009 | 4:59 am

    Might make you feel a little better…
    http://www.groklaw.net/article.php?story=20091114101637997

    Sorry, forgot website.

  43. macwanabe
    November 15th, 2009 | 7:01 am

    According to court documents, Apple’s motion for summary judgment on copyright infringement and DMCA violation is granted against Psystar.

  44. MarkS
    November 18th, 2009 | 11:18 am

    Looks like Psystar released their source for:
    DUBL, OpenHaltRestart, NullCPUPowerManagement, Elliott Force Legacy RTC, Realtek R1000…

    See:
    https://foundry.psystar.com/

    Hope this helps.

  45. iona
    November 20th, 2009 | 12:47 am

    why not hack the psystar boot loader and driver updater so they get a taste of their own medicine :) it will (1) give hackint0shers an easier tool to use for boot loading (automated, simple dual-boot and (2) give psystar a taste of their own medicine…

    but then again, we wouldn’t want to violate psystar’s rebel efi EULA :)

  46. Fordee
    November 20th, 2009 | 7:02 am

    Psystar just went ‘Open Source’.. pptptptht.

    Me thunk’s that Netkas’s pending legal assault scared them into it ;)

    … Now, through our open source portal, https://foundry.psystar.com, users can access the most up to date versions of our open source offerings.
    Developers, we are also welcoming other open source projects that enable or enhance compatibility with OS X on Intel platforms provided they meet certain standards (see the Foundry website for details).

    Hobbyists, we have not forgotten about you and will soon be adding automated build functionality to our open source portal to provide daily binary builds of everything that is available on the Foundry.

    ——–

  47. November 20th, 2009 | 8:08 am

    psystar opensource its DUBL.

    https://foundry.psystar.com/

  48. Donk
    November 20th, 2009 | 3:07 pm

    Anyone actually worked out the DVN paths to checkout? Looking at the code it seems to built off David Elliott’s public SVN branch.

  49. November 23rd, 2009 | 7:02 pm

    [...] violation. Osx/Osx86 Add comments APSL violation.: [...]

  50. Ken0bi
    December 2nd, 2009 | 5:29 pm

    Alexkidd,
    please read before posting. 3 posts above yours. Double information is just spam :)

    Donk,
    I used these to checkout using my svn client.
    Worked. Slow but worked.
    https://foundry.psystar.com… followed by
    …/svn/dubl/
    …/svn/nullcpupm
    …/svn/legacyrtc
    …/svn/openhaltrestart
    …/svn/r1000

    Hope posting works this time…
    Fingers crossed…
    Ken0bi

  51. c0rk007hck
    December 19th, 2009 | 9:48 am

    Netkas:
    Great news!!!

    Check psystar’s opensource section, they made it open source:
    https://foundry.psystar.com/repositories/browse/dubl/trunk

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