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

[Neil Brown]

(Originally replied just to Chris, by accident, so copied back onto list)

Quoting Chris McCracken <chrismc at ozarkmountain.net>:

> HTC is required by US and International copyright law to do so.

This is, perhaps, a little misleading, at least to my understanding-  
HTC is required by the terms of GNU GPL to do so (as you point out  
above), not by any copyright law. If HTC does not comply with the  
terms of the licence, then, HTC may infringe copyright, but there is  
no requirement of copyright law as such to make the source code  
available.

> 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.


Similar to the above - this may be an aspect of US law with which I am  
not familiar, but, in the UK, there is no legal requirement to cease  
distributing something, even if it is infringing copyright, without a  
court order requiring this - it's just that the distribution would  
amount to an infringement of copyright.


In any case, were the request not met, cessation of distribution would  
be insufficient, to my mind, since this only prevents future  
infringement - it does nothing to remedy past infringement.


Just my thoughts, as always!

-- 



Neil

neil at neilzone.co.uk | http://neilzone.co.uk