Let's put this in perspective,
I have no commercial arrangement with anything to do with the GP2X (Other then a free development kit, given to me by CraigX at his expense (Not GPH) and support from GBAX and GP32x.de in various endeavours to do with source).
I hack on the GP2X (and GP32, and may other things
) for fun, I set Open2x up for fun (before I realised what I was letting myself in for) and I worked with DignSys and MagicEyes to get the original MMSP2 Linux kernel and U-Boot source so that people could hack around with it and review it for fun, to get a feel for the hardware etc., the same applies for the GP2X Linux source that is currently out in the wild. This device has cost me an ungodly amount of time, heartache and no small amount of cash in pursuing that ‘fun’.
I have, with others (Including GBAX and GP32x.de), been trying to get DignSys (and it is DignSys who hold all the GPL code in question after all) to comply with the GPL in a more pro-active manor. Anybody who has taken the time to ask me about this has got full, detailed mails about the situation and my personal feelings on the matter.
Again this is all in my own free time and going to the effort to get Korean friends helping me with document translations (both ways), making calls at 4am in the morning to Korea and speaking at length with lawyers. I know Craig, ED and others have been very much in the same boat and it is why I have nothing but praise for them (and can emphasise), they are both suppliers and are to varying degrees at the mercy of GPH and co. and in turn (in this case) GPH’s suppliers.
I am not for one minute defending DignSys and co. in the matter, it’s wrong, I have big problems with it and I feel
very uncomfortable supporting it (why do you think there are no Open2x kernels to test things like USB host on the EXT and such, it does not seem ‘right’ to support the device in that way in the current climate). If it’s open source then it’s open source, not ‘yes, but, hmmm, nope, maybe, can we check with legal’ source
.
For some background information just to put the current position in context. I have been contacting and negotiating with a number of people with standing (in the GPL sense, i.e. a claim to copyright) on all the GPL connected items that ship on a stock GP2X, this is not just the kernel but libs, U-Boot, SDL, mplayer, tools etc. the list goes on. The reason for requesting support from people with standing is simple. They are the only people who have legal recourse to enforce the GPL on there individual items of copyright.
To that end there are legal ‘cease and desist’ notices being drawn up to be served on GPH, DignSys and potentially suppliers if it came to that. All of these people with standing are prepared to put there names to these letters and GPH, DignSys and co. where recently warned about there impending dispatch. The next stage after that would be a timescale for compliance and then seeking a judgment to enforce the letters if needed and believe me when I say that these people are
very passionate about protecting there copyright and would not have any problems with killing GPH/DignSys and co. over this (and frankly if it got/gets to that stage then I am all for sitting back and watching the show). You would have to go a long way to get to the last point and the whole process is set against dialogue and there is an overriding feeling among people (not all) who contribute to big GPL projects that education and ongoing compliance is better then law suits and bankruptcy.
As for me being elitist or not, I don't really care and I apologise if I come across that way. I just like people to be more pro-active rather then jumping on there soap-box to have a good rant without anything helpful to add. With that in mind my recent frustration is perhaps tainted by the number of e-mails Open2x have (and it’s a fair few) on the back of that Slashdot article and others that are unpleasant rants, rude and in some cases seek to accuse me of withholding source (and worse) falsely assuming Open2x have a commercial connection with GPH and co..
It always amazes me how many people can write War and Peace on a subject but can’t chuck a few line e-mail asking if anybody knows the current score or if there is anything they can help with. I know full well not everybody is so inclined and I have received some invaluable help with parts of this process. I do apologise for maybe not making the whole process more public but once to start talking to lawyers and gathering material like that above it can become a little sensitive.