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

[Chris McCracken]

<rant>
I *am* a bit angry. HTC has been refusing to provide the CDMA Hero kernel
source to not just myself, but a whole community of developers since they
first started delivering the phone Oct 9th, 2009. They have refused to
acknowledge that there is any difference between the source used to build
the GSM Hero and that used for the CDMA Hero (which has been proven false).
I started this process to generate a full paper trail of their refusal to
provide the source after seeing developers be shot down by HTC time after
time (unfortunately without a lot of documentation of their transactions).

If this were an isolated occurrence, it could easily be written off as an
oversight.  However, HTC has built a history of being far less than
forthcoming with GPL requests. I have used the exact procedure they specify
for GPL requests, and I am not seeing anyone there take the least bit of
responsibility for handling my inquiry. In fact, they seem to be going out
of their way to avoid taking responsibility or for having any personal
accountability whatsoever. If HTC has *any* valid legal or technical reason
for NOT distributing the full CDMA kernel source, they have not publicly
shared it.
</rant>

Chris D,
I read all four entries under the "Legal->About" reader (HTC legal, Sprint
legal, Open source licenses, and Google legal), actually before you had
suggested it the first time. I have since reread it after both times you
suggested I do so. I'm trying to read between the lines that I might be
missing something there, but I'm not getting it.  The most relevant
information I can find is in the "HTC legal" document:

"Until the date that is three years after you acquired the Software, you may
> obtain a copy of the source code corresponding to the binaries for
> GPL-licensed file by sending a request to HTC customer service at
> www.htc.com, and HTC will send you a link to such source code."
>

Typos are theirs, not mine. I followed that procedure to the letter. I used
the online customer service system on www.htc.com, and very specifically
outlined exactly what GPL source code I was requesting (Linux kernel only,
for CDMA Hero as distributed by Sprint).

I don't believe that HTC has malicious intent.  However, I do believe that
HTC is not taking their GPL obligation seriously. Buying-in to OSS has many
great benefits for commercial organizations. However, it also requires due
diligence and honoring the requests of those that have developed the
software. HTC's record of behavior in honoring GPL requests is doing nothing
at this point besides alienating OSS developers.  That is bad for Linux, bad
for Android, bad for HTC, and by association bad for Google. I want the
Android platform to grow just as much as everyone at HTC and Google, but if
HTC keeps refusing to play well with others then Android will never get the
full amount of OSS developer buy-in that is possible.

-Chris


On Mon, Jan 11, 2010 at 21:50, Chris DiBona <cdibona at gmail.com> wrote:

> I think your email comes off as pretty angry. HTC has been slow to put up a
> mirror, but you haven't looking into letter of the license documentation
> compliance (which if you visit about -> legal in the phone menu should be
> there) I also think that maybe they need to learn how to be faster about
> this kind of thing, but to assume this comes from a malicious intent seems
> misguided and only serves to drive people away from using gpl'd components
> in their software.
>
> Chris
>
>
>
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