Linux kernel on HTC Hero Android phone (CDMA/US-Spec)

[Chris McCracken]

HTC is distributing the Linux kernel as part of the Android operating system
on its Hero mobile phone.  While the Android OS is licensed under the Apache
Public License and does not have significant distribution restrictions, the
Linux kernel itself is licensed under the GPL.  HTC has made modifications
to the Linux kernel source code specific to its hardware, and has compiled
the modifications directly into the kernel (not using loadable modules),
thus requiring release of that source code.

There are two seperate versions of the Hero phone, with slightly different
hardware for two different mobile phone radio technologies- GSM and CDMA.
The GSM Hero was the first one released, and is used in several areas around
the world (not including the US).  In the USA, the Hero currently being
distributed is the CDMA versions, sold by Sprint.  Due to the different
radio hardware in the phones, they have different kernels.  HTC has made the
GSM kernel available on its developer.htc.com website, but for several
months (since the CDMA Hero's release Oct 11th) has been unwilling to
release the source code for its CDMA kernel.  I'm not certain if they are
intentionally withholding the information, or if they actually do not
realize that it is different source code that must also be released.

Here is a copy of the recent detailed request I sent to HTC (support ref #
591050), I will update with the reply I receive:


Request for Linux source code specific to CDMA Hero per GNU Public License
terms

Per the HTC Hero Legal Agreement, and the GNU Public License, I am
requesting the complete source code that was used to build the Linux kernel
on the CDMA Hero being distributed in the USA by Sprint.  This includes all
the source code (.c files) plus header files (.h files) plus the scripts
used to control compilation and installation of [only] the Linux kernel.
These must be the files specific to the distributed kernel version, as
follows:

Linux version 2.6.27-533ce29d (htc-kernel at and18-2) (gcc version 4.3.2
(Sourcery G++ Lite 2008q3-72) ) #742 PREEMPT Fri Aug 28 21:59:31 CST 2009

I am aware of the file available at
developer.htc.com(kernel_hero_0078c992.tar.bz2, 49.6MB), that was
released on 2009/10/22.
However, this source code is specific to the GSM model of the Hero, which is
not sold in the USA.  The source code used to produce the US-spec CDMA
Hero's kernel is different than what is contained within this file.  There
are several key source code files that are missing from this archive file,
including but not limited to:

arch/arm/mach-msm/board-heroc.c
arch/arm/mach-msm/board-heroc-keypad.c
arch/arm/mach-msm/board-heroc-panel.c
arch/arm/mach-msm/board-heroc-mmc.c
arch/arm/mach-msm/board-heroc-camsensor.c
arch/arm/mach-msm/board-heroc-rfkill.c

I would like to receive those files, plus any others that are necessary to
build the kernel as distributed on the US-spec CDMA Hero. The terms of the
GNU Public License mandate that anyone distributing the specific software
(Linux kernel) MUST make available all files used to build that software,
including any modifications that they made to that software.  HTC is
required by US and International copyright law to do so.

Please ensure that this request is handled by someone familiar with the
development of the kernel for the US-spec CDMA Hero. If this request is not
met, then HTC is required by law to cease and desist distribution of said
software (Linux kernel), which would require ceasing distribution of the
US-spec CDMA Hero phone as currently configured.

Thank you sincerely for your time in handling this matter in a competent and
detailed manner. I will expect to hear back promptly.
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