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

[Chris DiBona]

On Mon, Jan 11, 2010 at 8:55 PM, Chris McCracken
<chrismc at ozarkmountain.net>wrote:

> <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>
>
>
I get that, I do, believe me. I might be in a position of having outrage
fatigue. I remember explaining compliance to companies in the late 90s and I
cannot sometimes believe I'm still having to do it.

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:
>
>
Oh, okay. Sorry for assuming you had not.


> "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.
>

So I'm with you up to a point, but blaming android/google for users of
android not complying is like blaming bruce perens or busybox  when
manufacturer of the week messes up compliance. At CES there were microwaves,
tablets, netbooks and phones all running android. I'll bet you some subset
will ship out of compliance with the licenses therein. It's not a black mark
on google that this happens, although some subset of open source enthusiasts
might equate, they are imo wrong to do so, and I think it will take 2 to 3
years before people learn to blame google for that which is googles and joe
random manufacturer that which is theirs.

But make no mistake, HTC should be doing better, for sure. I would be
interested in hearing from other folks on the list if this is a typical
amount of time for a manufacturer to come to terms with releasing or if it
is more time than normal.

Chris


> -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
>>
>>
>>
>


-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com
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