The pits in CherryOS
Recently I had some very, very disturbing news passed onto me regarding what's going on with the product known as CherryOS.
There's been a lot of buzz about Cherry OS lately -- since they started actually selling their product -- but there are some real pits in Cherry OS, and the people behind it (MXS), that aren't getting enough attention.
This isn't about nitpicking marketing claims, we're going to be breaking down some really uncool stuff involving taking GPL-based code from PearPC (among other projects) and completely false performance claims being used to get people to hand over their cash.
The company behind it really made waves by getting their press release materials picked up in MacWorld.com, where they claimed CherryOS could run OS X at 80% of the native speed of your Windows PC, and offered completely hardware translation (OS X in Cherry OS could see your modem and USB mouse, etc.), all for $50.
VirtualPC for the Mac ranges from $130 without an OS to $250 for a version that includes WindowsXP Pro. [The price was raised to $99 on 2005.03.29, added 2005.03.31]
They also claimed that one person had created CherryOS from scratch in four months, and listed a whole series of technical accomplishments that allowed them to reach their performance claims.
No one had actually seen the product running, and the website only offered a streaming video of someone pointing a camera at an angle at a monitor while demonstrating it. Not exactly something to short Apple stock on, and after all extraordinary claims require puts the burden on you to give extraordinary proof. People were justifiably suspicious that this was a complete hoax, or at least not on the up-and-up.
There were some things that backed up the hoax-theory. Maui X-Stream, Inc. (MXS), the Hawaii-based company that said it developed Cherry OS, had zero history of any real software development, nor did anyone involved with the company, and these were really hard things to do. This company primarily acted as an ISP, and it didn't exactly fit their business model.
MXS was also trying to bring to market a video streaming solution called VX30. What better way to test how your product can handle load, along with having data to show off to clients you're trying to sell to, than to make an extraordinary claim and have the only demo be a streaming video using your solution.
On October 11th, they made it available for sale at $50, and available for download, except it turned out the software was never actually available for download even though they were taking orders. They claimed their site was being attacked by crackers and such, and changed the idea of 'orders' to 'pre-orders' with the promise of a release in a few days... again, this was October.
As of a few days ago they've started offering it for download, and for sale, so it's now not a hoax, but something you can actually run.
Six months before CherryOS was announced (not released) and started talking to the Mac press, another project, this one open source had created a PowerPC emulator for the x86 architecture: PearPC.
A few weeks later, PearPC had started some buzz when they showed Mac OS X running on x86 hardware, albeit slow as a dog. We're talking just achingly slow performance here, as in running OS X 500 times slower than the native speed of the computer. The JITC version runs around 15 times slower than the host.
The fact that it could boot OS X was more about showing just how complete their PowerPC emulator was -- there are other general emulators out there, but they are generally about emulating x86 or are very focused around an OS. So no one was expecting Mac sales to dry up overnight, but with PearPC, a Linux developer who didn't happen to have a Mac could debug and test for PowerPC distributions.
And, quite frankly, it's one hell of a hack.
It didn't take long for people to start to wonder if -- assuming CherryOS wasn't a hoax, it was actually PearPC with a new installer and different graphics and some extra thrown in.
There were some striking similarities between the projects. The minimum required hardware for CherryOS matched PearPC, as well as is capabilities, like hardware translation so that your USB peripherals would work in the virtual environment.
As you can imagine, the people involved in PearPC, and those who use it, take what they do to heart -- and that CherryOS might be repackaging their code was just a theory. The people behind CherryOS categorically deny that they've done any such thing. They stated that to create CherryOS they wrote 36k lines of programming code, and that it was 'inspired' by PearPC, but wasn't in any way based on it.
However, they've been building a mounting body of evidence that is starting to become pretty damn damning:
- There are PearPC graphics embedded inside the CherryOS executable. If you browse the CherryOS executable with a hexbrowser and go to
0xF9140you'll find this graphic which you can see in this PearPC screenshot. This one is just beyond amusing. (Source) - When you take the CherryOS files
Cherry IDE.dat,OSMAC.AXM, andCASE.EXMand concatenate them together (IE, like turn 3 files into 1) you end up with a file that is identical to PearPC'svideo.xfile. (Source) - Throw the PearPC executable into the same folder as CherryOS.exe and run a program to run a comparison of the code, and you start finding all kinds of code matches, string matches (think english sentences), etc.
- Screenshot 01
- Screenshot 02
- Screenshot 03
- Screenshot 04
- Screenshot 05
- Screenshot 06
- Screenshot 07
- Screenshot 08
- Screenshot 09
- Screenshot 10
- Screenshot 11
Some of these may not mean much to you if you aren't a programmer, but you should still be able to recognize the obvious string matches. (Source)
- When it comes to something like this, comparing compiled code can be important, but strings are just obvious. Strings are basically just strings of characters. When you store text for any reason in an executable -- to display text on the screen, to a debugger, to a config file, etc. -- it's stored as a strong so it can be output.
This forum thread has some of the most damning evidence, which which I'd urge you to check out, but I'll here's an example out of the many pages.
From the CherryOS executable:
slw_emit slw_cr slw_init_keymap slw_update_keymap slw_set_output_level slw_spin_init slw_spin slw_pwd
From the PearPC executable:
slw_emit slw_cr slw_init_keymap slw_update_keymap slw_set_output_level slw_spin_init slw_spin slw_pwd
This is a mild example of what they're finding. It's pretty unbelievable stuff -- guys are finding their own debug messages from specific patches they've contributed to PearPC within the CherryOS executable, all while Maui-X Stream sits in Hawaii and claims they're all ignorant and misinformed and that they "never ever" copied code, even though you can check it out yourself.
- The
AstroAMatrofile from CherryOS is identical to PearPC's configuration files,pci_rtl8139_macandpci_3c90x_mac. (Source) - They -- again -- claimed to have developed CherryOS completely in-house, in fact (at least for awhile) they claimed it was one man's work, who did it in a span of four months. Interestingly enough, it turns out there's a reference to an off-shore coding house named COMSDEV within the code, which is a Pakistani-based company. Amusingly enough, the time-stamps on when the code was compiled in a time zone that certainly wasn't Hawaii or Pakistan. Not conclusive that they hired offshore help, but interesting. (Source 1) (Source 2)
- CherryOS just happens to have many of the same bugs and errors that PearPC has. I.E., a developer has noted that CherryOS seems to have the same Mac I/O Sound Errors that his own code gives off, as well as his programming constants and debugging symbols... among other things. (Source 1) (Source 2) [updated 2005.03.12]
- They appear to have also... incorporated... the functionality of HFVExplorer, a utility for dealing with the HFS-format (Macs use HFS and HFS+ for their disks) on Windows. If they aren't, they're going to have to explain why it looks exactly the same, the HFVExplorer icon is present, and the entry in Windows registry is the same. (Source 1) (Source 2) (Source 3) [updated 2005.03.12]
- CherryOS's network driver appears to have been taken from OpenVPN's tap32 network driver, or at least they're completely identical. In fact, CherryOS 'accidently' outputs the original developer's GPL copyright notice, including his name. As you can probably guess the original developer -- James Yohan -- has never heard of them. (Source) (Source 2) [updated 2005.03.12]
- It would appear as though CherryOS has started changing the build -- just about every day -- that you get when you download their software. Which means the CherryOS you download today may not be the CherryOS from yesterday, however they don't change the version numbers and mention no feature changes.
Interestingly enough, the executables are actually getting smaller as more evidence comes out. Since it's release, the size of the executable has dropped by about 10%. You can do the math on this one, but it's probably a good idea to keep around the older builds for comparative analysis. I have. (Source) [updated 2005.03.18]
- The emulated network adapter's MAC address (Media Access Control) is the same as PearPC's. Since there are about 281,474,976,710,656 potential MAC addresses out there, the statistical odds of this being a coincidence are about zero.
Most networking protocols -- ethernet, Wi-Fi, Bluetooth, SCSI, Firewire etc. -- need a unique numerical identifier in order to function. This is your system's MAC address, and it's already set by the manufacturer when you buy your computer or router or other device. When you plug your computer into your cable modem, your ISP binds your connection to your MAC address before giving you an IP address. (Source) [added 2005.03.14]
- It appears CherryOS is also including GPL'd code from the OSS project Cygwin.
Cygwin is a .DLL for Windows which allows developers to access Linux APIs, as well as a collection of tools. (Source) [added 2005.03.15]
- 'Profiling' the code appears to show it does... exactly the same thing that PearPC's code does, even if they've changed some of the function names. If you stare at the below screenshots to see how things are connecting, you'll see it:
The above is just an example, there's more at the source listed, and I go into much larger explanation on what's happening here if you're confused. (Source) [added 2005.03.15]
- On March 29, 2005, Maui-X released "version 1.2" of CherryOS. Some things have specifically changed in the version 1.2 release, so we'll go through those first.
- The price of CherryOOS has doubled from $49 to $99, while functionality was removed, and with no explanation being given.
- The file size of the CherryOS version 1.2 compressed executable is now 6.3MB, down from the 7.4MB version 1.0 executable released on March 08, 2005. They have removed a full 15% of the zipped executable since its 1.0 release. (Source)
- The 'shared drive browsing' functionality has been removed -- Maui-X says it has been disabled -- presumably along with the HFVExplorer code and graphics mentioned above. (Source)
- When it comes to the configuration file mentioned above, they seem to have taken the evidence to heart and tried to obfuscate it. Their method of doing so is to change all the variables to names starting with "cos", which presumable standards for CherryOS. As an example:
- Prior CherryOS config variable:
memory_size = 0x20000000 - New CherryOS config variable:
cosms = 0x20000000
I know, you can't make this stuff up. (Source)
- Prior CherryOS config variable:
CherryOS also claims a CPU performance increase of over 300%, along with an "overall system performance increase of over 300%", along with a core re-rewrite which improves stability. Interestingly enough, the PearPC team had just released a similar major update on PearPC about a week prior. I'll let you do the math on this one.
I'll also leave it as an exercise to the reader how exactly a program that claims performance of 80% native speed on your x86 hardware can then improve that performance by 300%, while also telling you in their release notes that CherryOS is not an acceptable product for calculation-heavy use. [added 2005.03.31]
I don't think anyone with critical thinking skills above the level of a toaster wouldn't conclude that it's obvious that CherryOS is PearPC with some wrapper code to allow it to run in a way that it's less obvious that it's PearPC, along with piles of code from other open source projects.
One thing that hasn't added up was the fact that CherryOS was claiming performance equal to 80% of your native speed, while PearPC was claims a fraction of that...
When it comes to emulation on the Mac, Microsoft's VirtualPC generally comes to mind which -- if you're lucky -- might give you 30% of your Mac's native speed while you're running Windows. This product has been around for years (It's on version 7), has been extensively optimized for the PowerPC and Windows, yet the idea of running Windows at 80% of a Mac's native speed is laughable.
Here's part of the deal -- the PowerPC is in some ways uniquely optimal when it comes to emulation of the x86 architecture. x86 processors, like the Pentium and offerings from AMD, are specifically horrible for emulating the PowerPC. A processor has things called registers -- think of these as slots in the CPU for storing data and instructions that are being worked on -- and relative to the PowerPC, the x86 architecture is starved for registers.
There's another issue going on; AltiVec. AltiVec is an SIMD engine bolted on to the G4 and G5 processors, similar to SSE and 3DNOW! on x86. Key word here is similar, as while SSE has improved greatly since it was initially birthed AltiVec is still very superior and much more capable. In some cases the actual performance difference is an order of magnitude, in some cases it isn't, but trying to translate AltiVec instructions into something SSE2 can handle is going to choke. Hard.
Mac OS X uses AltiVec everywhere in bits and pieces, and now that all of Apple's line includes at least a G4 you can bet it'll only become more prevalent. Of course, up until recently Apple sold a lot of G3-based machines, which didn't include AltiVec. For the purposes of this, let's just say Apple has found a workaround for that, which usually involves separate code paths and/or a way for altivec code to degrade down to code a G3 can run.
If you'll notice above, I said that PearPC generally runs 500 to 15 times slower than the native hardware, depending on whether or not you're using the Generic version or the version with the JITC (just-in-time-compiler). The really slow version (Generic) is sort of a reference platform that can go anywhere, like say the Xbox, while the JITC version includes an engine that is able to take PowerPC instructions, translate them, and then keep them around so it doesn't have to translate them again.
The real difference between the two is the inclusion of the x86-optimized JITC -- both versions emulate a G3. There's been work on an altivec-enabled G4-ish version, but it's nowhere near stable. Video corruption is a big problem, and while sound works it's very buggy.
PearPC has put some massive work into the JITC -- they're generating ~90% assembly code now -- and they've seen some real performance increases. However, it's nowhere near what CherryOS is claiming, the speed just isn't there, and won't be there. AltiVec support certainly won't do it, it just helps.
In terms of performance, the 'exciting' thing on the horizon for PearPC is support for 64-bit systems. PowerPC, in terms of speed, saw little benefit by going to 64-bit, but on x86 systems it's a different story. They've used it as an excuse to add in more registers (still much less than PowerPC) which not only speeds up performance per clock on CPUs like the Opteron, but the extra registers would help immensely in emulating the PowerPC.
It still won't be 80% of native speed -- let alone 90% -- I just don't think it's there for PPC to x86 using current technology.
There are rumors that Transitive has technology for ~80% native speed while emulating, which seems to work similarly to how the Transmeta chips worked, but I'm going to believe OS X running at 80%+ native on x86 hardware, even Opteron-class, when i see it... and Transitive has been talking about this since at least 2001, and is only now 'shipping' a product, but only to large companies.
I have a real hard time believing one guy created the whole damn thing in four months as they claim.
Yet, this is what a representative of Maui X-Stream had to say in a recent Mac Obvserver article:
Mr. Kartes said what he's most proud about the products initial release is its performance at 80% of the speed of the host PC and the ability to work a large number of Windows-based machines. "We've been able to increase the speed so that it emulates a Power PC G4 and that's light years ahead of our competition," he commented.
Which is a fairly interesting statement to make, when you consider that yes, PearPC does have AltiVec-enabled code in their CVS tree, and that a developer is finding debug messages from his AltiVec patches in CherryOS's code.
I talked to Charles Darvy of PearPC about the claims:
Arben's claim of 80% speed in 'The Mac Observer' article is simply untrue... I urge anyone to simply try it. Compare against PearPC... they are nearly identical and actually Cherry might be slower. It has been reported they are just increasing the refresh rate in our config file to make it appear as if it is running faster, but this can be easily seen.
Charles is talking about the redraw_interval_msec variable which can be set in PearPC's configuration file (which, as noted above, is identical to CherryOS's) is set higher by default in CherryOS which means it is redrawing the screen more often than PearPC by default, which can make it feel 'smoother'. (Source)
There are other claims they're making which just aren't true about their product -- most of the features they hyped so heavily before its release as setting it apart from others aren't there -- but the speed claims are so patently false and easily verifiable that there's little point in going into the others now.
The fact that we're talking about 'stolen code' when PearPC's code is out there free for anyone to download can still confuse people, so it's worth going over it again.
When a person writes some code and contributes it to an OSS project, like say under the GPL license, they are basically saying "I own the copyright to this, but I'm allowing you to use it as long as you follow these rules".
The person does still own the copyright, which is how the license can be enforced, but as long as you follow the rules in the license there's no problem in say, taking code from PearPC and including it in another GPL-licensed program. Since PearPC is licensed under the GPL, every developer contributing code is doing so under that license, which means if you are going to use it you have to abide by it or you are infringing on that developer's copyright.
In the case of the GPL, this means if you are going to release it publicly you need to release your changes back to the community and make the source code readily available. These people are contributing their time to write the code they have, and releasing it under that license, for a reason.
It isn't so another company can take their work, roll it up with a bow and sell it as their own.
The guys behind CherryOS have been questioned before about many of their claims. One that made some waves took place in a Wired story, where Wired took a pre-release copy of CherryOS given to them and gave it to a researcher who was pretty sure it was actually PearPC:
Dave Schroeder, senior systems engineer at the University of Wisconsin, examined a pre-release copy of CherryOS downloaded from Maui X-Stream by Wired News. Schroeder concluded CherryOS is likely PearPC wrapped in a different package.Schroeder said he compared the names of various functions and variables in CherryOS and PearPC, and found they all matched. "This is pretty clear-cut," he said. "They are, in fact, using significant amounts of code from PearPC."
And, just because I remember this and found it terribly amusing at the time:
Sebastian Ballas, PearPC's lead developer, said a screenshot of CherryOS shows a variable named "SPIRO MULTIMAX 3000," a nonsensical term Ballas claims to have invented for use in PearPC.
The CherryOS representative's responses in the article are interesting to say the least:
When told that variables with the same names had been found in both CherryOS and PearPC, Kryeziu said programming logic often leads to variables and functions with similar, or identical, names."There are some functionalities that can only be done a certain way," he said. "Names are going to be similar or identical because there are only certain ways to do things."
The most amusing thing said in the article was:
Kryeziu said he's happy to supply the PearPC developers with the source code so they can see for themselves, and will do so when the first public release is ready, which will likely be in a few days."If it's based on PearPC, the PearPC developers will figure it out," he said. "I will provide the source code so they can compare it. I will give it to them to clear up the trash talk."
I think we can safely assume that's not likely to happen any time soon, which brings us back to the latest bit of press they've gotten themselves for the release of their product, a feature on the Mac Observer where they again reiterate -- with more colorful language -- that they "never ever" misappropriated code from PearPC, let alone other places:
Mr. Kartes denies accusations that Cherry OS is using code from a similar open-source, PowerPC architecture emulator known as PearPC, despite various developer forum postings allegedly showing evidence to the contrary."That is simply not true," he said. "They know not what they speak. This is an entirely different architecture and code from PearPC. That's why we're able to achieve such higher speeds than they have. These are simply a bunch of lies."
Mr. Kartes said his developers "never ever" copied code from PearPC and just because they introduced their code months before Maui-X Stream did "doesn't give them a claim on certain technical aspects of our product."
Like I said above, I think at this point it's pretty clear to anyone with critical thinking skills above a toaster that this isn't on the up and up, but what specifically worries me is that they seem to be targeting the Mac press outlets (large and small) to pimp their product, and when places spend all of one sentence on the evidence -- denigrating it to alleged rumors on some forums -- Maui-X doesn't exactly have to work very hard when they're being interviewed by Brad Gibson at MacObserver.com.
It makes sense in a way -- Mac users are most likely to have a copy of OS X lying around to take with them to work so they can use X favorite app, or on their secondary PC. They're also less likely to be technically inclined enough to realize they're being sold a river, and more likely to attribute it to the PC just sucking.
A scary proportion of them will probably end up on the forums talking about how slowly the PC runs OS X compared to their Mac... whatever their reasons, it needs to be stopped now and the story needs to not be about whether they might be and that they are.
PearPC is only one of at least a few projects having their code 'incorporated' into CherryOS, but it's sure to be the one with the most lifted by its very nature.
It's not the first major blow the project has suffered -- back in July one of the lynchpins of the project (Stefan Weyergraf) passed away in a train accident -- but it's not harmless. According to Charles Darvy of PearPC, knowing that their code has been lifted for months has had a direct effect on the project:
I admit there has not been many updates in the last several months. Development seems to be picking back up, but when frauds such as CherryOS appear, it makes developers weary about contributing.
Which makes a hell of a lot of sense when you think about it. These are people coming home and working on this stuff in their free time -- for the love of it -- instead of using that time for other things or other projects. Knowing it's being taken and incorporated as soon as its checked in would be pretty detrimental to morale.
If you're curious as to why Maui X-Stream, Inc. isn't being forced to stop what they're doing, this is where things get a little tricky.
To my knowledge, the GPL has never been seriously tested in an American court -- at least partially because it's considered to be legally solid. It's certainly doubtful that IBM would be pushing it so heavily with their own intellectual property if it was full of holes. It isn't that open sourced code isn't misappropriated -- it is -- but usually not by large companies (unless they're insane), and with smaller companies there are some logistical nightmares involved.
A big stumbling block is that a bunch of guys contributing code in their spare time after work generally don't have the money necessary to launch a civil suit against a company to get an injunction, let alone one in another state, let alone one in another state that's a Pacific away. It gets worse when you realize not everyone is necessarily even in the United States.
Remember, these interstate civil intellectual property suits are pretty much the purview of corporations, not individuals. Unless someone else is able to step in and file suit on their behalf, or they are able to raise enough awareness that the company isn't able to continue doing what they're doing, their options are limited.
Comments (64)
Posted by: Ed Gordon at March 11, 2005 09:08 AM
I have been pretty amazed at how some of the Mac press have been printing press releases on Cherry OS without even mentioning these 'problems', or by simply mentioning that there is 'some evidence on the internet...' (macnn). I would think that this is sufficien evidence to ignore the product altogether.
Posted by: pablo at March 11, 2005 09:15 AM
*wipes forehead after another epic drunkenblog reading session*
Damn...I hope someone takes this case - EFF, FSF, anyone. It's just so blatantly wrong what the MXS people are doing.
Thanks for another great post. As always, informative, well thought out, detailed and enjoyable.
Posted by: Klaus at March 11, 2005 10:19 AM
Hm, why don't the Maui-X Stream guys just claim that the PearPC developers stole their code? It could be that the PearPC just consists of 1337 hAx0rS (who also happen to abuse a time machine for their evil deeds).
;-)
The GPL has been tested in court, but I do not remember if it was in the US. The GPL was found legally binding, and the violator of the license had obex the terms (in that case, make the source code of their router/firewall software public).
Posted by: iznogoud at March 11, 2005 11:28 AM
As usually, a good work. I've been interested on this case some times ago, a friend of mine show me cherryos had been released...
I wrote an article on http://linuxfr.org to point out the problem of GPL and copyright stealth.
BTW, while talking about the GPL, it has actually been validated in Germany, thanks to a suit from the netfilter project, who had his code stolen too.
I'd like to know how PearPC will react. I hope they will try actions against MSX. If so, they have my complete support, if I can even help them.
Ho, one more thing: PearPC phoned the compagny that sells Setup Factory, used by MSX to package its trashs, they have never been registered on their databases. Strange, isn't it ?
drunkenblog forwarded on linuxfr.org, your writing is so good, and you made a quite good summary of all this I can't resist sharing it :)
Posted by: Sean at March 11, 2005 11:28 AM
Hell, I wish I could get OS X to run at 80% of normal speed on my PowerBook sometimes!
Seriously though, it would be great if Apple could donate a lawyer or two to sue the pants off of Cherry (under the EULA, or whatever) - since these guys are pretty much scamming their customer base. C'mon, Steve, it's a slow Friday. Take a couple legal interns off the Think Secret case and open up a can of whupass on these guys.
Bonus: Someone from Apple gets to go to Maui to serve the papers!
Posted by: Rus at March 11, 2005 12:03 PM
Thanks for the really in depth article.
No one has really touched on the support nightmare that this could mean for Apple if these emulators ever DO become popular or viable.
That is of course, except for my site.
HTTP://JACKWHISPERS.BLOGSPOT.COM
Posted by: Chris at March 11, 2005 12:17 PM
Great story! These jokers need to be stopped before a lot of uninformed Mac and PC users go wasting their money on this crap.
Thanks for spreading the word.
Posted by: Sam MacCutchan at March 11, 2005 12:25 PM
Sean wrote: "...if Apple could donate a lawyer or two to sue the pants off of Cherry (under the EULA, or whatever)..."
But that would run the risk of whatever penalty that is applied to CherryOS being applied to PearPC. Also CherryOS could claim that like PearPC they are simply an emulator of the PowerPC architecture, and that it is not them that are running MacOSX on the emulator but their end users.
Anyways, here's hoping that the EFF can be of some assistance to the PearPC developers.
-Sam
Posted by: guru3 at March 11, 2005 12:42 PM
I'd like to thank you for your very nice presentation of the facts, and I hope that a lot of people see this, because what these people are doing in my mind is... Just they're assholes.
Posted by: internuggler at March 11, 2005 12:56 PM
great article thanks
Posted by: Matt at March 11, 2005 02:02 PM
Cherry OS guy said:
"That is simply not true," he said. "They know not what they speak. This is an entirely different architecture and code from PearPC. That's why we're able to achieve such higher speeds than they have. These are simply a bunch of lies."
...and followed up with:
"There are NO Americans in Baghdad. NONE! We are killing them in the streets like dogs."
It just warms my heart to know that "Comical Ali" has found a new job in the software industry... ;-)
Posted by: keller n keller at March 11, 2005 04:06 PM
Klaus said The GPL has been tested in court, but I do not remember if it was in the US. The GPL was found legally binding, and the violator of the license had obex the terms (in that case, make the source code of their router/firewall software public).
I think it was in Germany where some developers took a company that made routers or something? And the courts upheld it. It's stupid, but it sounds like CherryOS thinks they can make a quick money grab.
Posted by: hollingsworth at March 11, 2005 05:06 PM
i dont know how the company behind cherry os can explain this stuff now.
their video product is also rumored to be ripped off from open source java code... how much you want to bet if someone like the FSF files suit, they will just blame some contractor or pop up as another name
i hope no one is giving cherry os money
Posted by: Mike P at March 11, 2005 06:21 PM
You watch, those offshore references are who they will blame if they are found to have stolen the code.
Posted by: DanielMaui at March 11, 2005 07:03 PM
"...and followed up with:
"There are NO Americans in Baghdad. NONE! We are killing them in the streets like dogs."
It just warms my heart to know that "Comical Ali" has found a new job in the software industry... ;-)"
Yeah, but why in the hell did he have to move here?
Posted by: jek at March 11, 2005 07:17 PM
fucking scumbags, i hope it works out for pearpc
Posted by: dfoesch at March 11, 2005 10:48 PM
I'm the AltiVec developer for PearPC. Oddly enough, if MXS hadn't included my AltiVec patch, I doubt I would have had any claim against them, as very little of my code has made it into the main branch, but it permiates much of the AltiVec branch.
The EFF was nice enough to put me in contact with a legal firm, which I also refered to Sebastian Biallas. We're currently speaking with them about the options, which we have, and what we can do.
Other than that, while I have a lot of damning information, I don't want to move very far without legal advice, so I'm keeping my mouth shut.
Meanwhile, if anyone does come up with very incriminating evidence, please, contact me or Sebastian directly and let us know!
Posted by: m thorton at March 11, 2005 11:39 PM
Just to add (this is new) but CherryOS has started putting out new builds that are smaller than the original. Hasn't been verified but I would assume they are trying to change or remove evidence that is found so they can still try to deny what they are doing.
DB, I'm new to this site and haven't seen you in the PearPC forums but thanks for doing this.
Posted by: ]I[ at March 12, 2005 02:35 AM
I just saw the Sin City movie trailer which has me thinking Frank Miller's other work: Batman Year One. Have you read it Mr. Drunken Batman?
At it's core, it is about how obsessed someone would have to be to put on tights and go out at night fighting the bad guys. But that obsession also means he will go to lengths others would not and could not even when it is for someone other than himself.
Like this article, or some of your other work I've been browsing. Thank god you are on our side, and I hope you are not as psychologically damaged as the real BatMan to do it. :-)
Posted by: John at March 12, 2005 04:27 PM
This looked fake from the beginning. Especially when they released code samples a while ago. And the claims are impossible (today) that someone could write something that hits 80% of native speed, by himself, when Microsoft, the biggest tech giant every, can't even push 50% on its VirtualPC software for the MAC. It is a hoax and everyone should have just ignored it from the start. If you are thinking about buying this, something more amusing might be taking the bill and lighting it on fire! Gratis, the people behind free ipods, now offer free LCD monitors and TVs:
http://freeflatscreens.iceglow.com/ Gmail to everyone that signs up and trys a trial!
Posted by: just a guy at March 12, 2005 04:48 PM
Ed Gordon: I completely agree with you. I am a regular reader of The Mac Observer, but I was quite shocked and put out when I saw their story on CherryOS. It was labelled a "TMO Report" but it read like a press release. Given the one-sided nature of the story, I can only assume that no research into the history of the story ever took place. Quite simply, for a story this controversial, you *do not* only give one side of the story. You just don't.
The way TMO and Macnn reported this was really quite shameful.
Posted by: Wohngebäude at March 12, 2005 05:03 PM
I think the involved developers should get together and ask the EFF for legal help.
Posted by: at March 12, 2005 05:29 PM
Why don't PEAR PC developpers conatct
http://www.softwarefreedom.org/
This from their web page:
We provide legal representation and other law related services to protect and advance Free and Open Source Software.
Free and Open Source Software (“FOSS”) is maturing at a rapid pace. The FOSS production ecosystem, once dominated by a few small not-for-profit entities and individual contributors, now includes a global array of individuals, not-for-profit entities, and commercial developers and redistributors. In this mixed-model organizational environment, all FOSS developers must have an environment where liability and other legal issues do not impede their important public service work. The Software Freedom Law Center (SFLC) provides legal representation and other law related services to protect and advance FOSS.
Posted by: James at March 12, 2005 06:30 PM
"They're also less likely to be technically inclined enough to realize they're being sold a river, and more likely to attribute it to the PC just sucking."
ummm maybe I'm the only mac user reading this, but why is it mac users are less likely to be technically inclined? I'll put my unix admin skills up against any of y'all.
other than that it was an interesting read. Course summarily insulting all mac users is often not a great thing to do, unless of course you are just trying to drive traffic.
Posted by: Ray Booysen at March 12, 2005 06:34 PM
Really well written and well researched. One of the best blog posts I have seen. Well Done!
Posted by: chris leede at March 12, 2005 07:12 PM
This is the personal website of "Arben" (the person who claims to have developed Cherry OS) and his girlfriend, with pictures. Mark his face in your head and be sure to slam the door if he ever tries to sell your company anything.
Posted by: at March 12, 2005 07:18 PM
his girlfriend works for ,bumpnetworks, whatever that is. looks like a hawaii design company and they have a lot of local clients like their newspaper and disaster relief funds...
i don't know about you, but i would not want these people anywhere near charitable foundation money
Posted by: Torig at March 12, 2005 08:55 PM
All I can say after reading this, is "I feel sorry for the people behind PearPC", though I wish they will take this as a sign that what they are doing, they are excelling at. And thus need to continue doing it ;-)
On a related note, if someome somewhere (except Maui/Hawaii ;-P ) started an action to raise money for a lawsuit, I'd be more than willing to donate.
My patience and acceptance of these practices is really at an all-time low, since the entire SCO debacle...
Posted by: Raul Silva at March 12, 2005 09:03 PM
Thank you for tackling this story.
I however, take exception to your statement about Mac users:
"They're also less likely to be technically inclined.."
That is just BS. A tired sterotype.
Less technically inclined people are more likely to buy Windows boxes. They just buy what they have at the office because they already "know" how to use it, or because the pimple faced idiot at CompUSA told them its the best system to buy.
Most people that buy Macs know what they are doing. Why else would you apparently pay more for a platform with a fraction of the software and that almost every workplace chooses to dismiss?
Posted by: A. Sorkin at March 12, 2005 09:05 PM
[i]ummm maybe I'm the only mac user reading this, but why is it mac users are less likely to be technically inclined? I'll put my unix admin skills up against any of y'all.[/i]
James, I wouldn't get too upset. "Less likely" does not mean there are not very knowing people, but as a Mac user myself I would have to agree that I bought a Mac just so I wouldn't have to worry about how my computer worked. I don't understand the GNU license that well, either.
I do think Mac users are often better at using their computers than a normal Windows user, but that is because the OS and software help them use their computer better.
Posted by: emulator at March 12, 2005 09:39 PM
I have posted some benchmarks on PearPC vs. CherryOS here:
http://os-emulation.net/cherryos
Enjoy!
Posted by: jonathan a at March 12, 2005 10:27 PM
I don't think anyone with critical thinking skills above the level of a toaster wouldn't conclude that it's obvious that CherryOS is PearPC with some wrapper code to allow it to run in a way that it's less obvious that it's PearPC, along with piles of code from other open source projects.
That is an awesome quote. :D
I worry though, the Maui-X people seem to have some money in them, I would hope they do not try to sue others to make themselves seem more legit.
Posted by: Randy Dentus at March 12, 2005 11:05 PM
You Mac linux zealots need to chill out. If you actually TRIED PearPC, you'd know that it gets incredible speed and just mops the floor with CherryOS. Yes, there is some code in common. Programmers use some of the same techniques. That doesn't mean anyone is stealing code. Get over it: once again closed source demolishes the sloppy efforts of hobbyists.
Posted by: Norm at March 12, 2005 11:57 PM
Yes, there is some code in common. Programmers use some of the same techniques. That doesn't mean anyone is stealing code. Get over it: once again closed source demolishes the sloppy efforts of hobbyists.
If I were to believe the washtimes address, I would say this. And some writers use the same techniques. And use exactly the same words to write exactly the same paragraph because if you know the event there is only one way to describe it right?
Truthfully I would guess that an open source project would follow a set of naming conventions much more closely than a closed source application written by "one" person. The one person who is under a tight deadline is more concerned with getting it done, than getting it done so someone else can pick up the project. That said, I've touched enough code to know that regardless of its source naming conventions are abandoned only slightly less quickly than comments.
And then there's coding style... An example of a common place where people differ
if (blah) {
}
vs.
if (blah)
{
}
And so to find entire sections of code that match character for character and not believe that code is stolen? If so I believe we've found the monkeys who could write Shakespeare.
Posted by: Ian McCowan at March 13, 2005 12:05 AM
Mr. Dentus: Did you actually read the article? If so, did you read the admonishment above the comment box which read "And do endeavor to appear sane?" There's more than sufficient evidence that this isn't a simple matter of "using the same techniques."
And re: your last sarcastic comment: You mean like Firefox vs. IE, right?
Posted by: Torig at March 13, 2005 12:14 AM
Get over it: once again closed source demolishes the sloppy efforts of hobbyists.
--> You mean those hobbyists who most likely spend their working hours on closed source projects, then get home and want to give something back to a rewarding, fast-progressing community, doing something they like & find fun?
Yes, those sloppy **** should be shot on sight !
Closed source doesn't mean the coding is bad, just as open source doesn't imply the coding is good.
"Move along people, nothing to see here"
Posted by: AJ Zmudosky at March 13, 2005 12:48 AM
It would also seem that, in addition to being liable for legal action by the PearPC developers, there is a basis for a class-action suit for material misrepresentation by all people who have purchased Cherry OS, having to fork over money for code that had been taken from something available to use for free.
Hmmm....
Posted by: eggsnatcher at March 13, 2005 12:55 AM
It would also seem that, in addition to being liable for legal action by the PearPC developers, there is a basis for a class-action suit for material misrepresentation by all people who have purchased Cherry OS, having to fork over money for code that had been taken from something available to use for free.
Oh, no. I can sell you a rock even though you could pick up a free one.
Where there could be a massive suit against them is in their marketing claims. There are laws against false advertising and claiming your product does something it does not. If you bought a car and it was supposed to be able to go zero to 60 in five seconds but really took twenty you would have a real case. They have opened themselves up to huge liability claims and yes class action suits.
Posted by: Michael Adams at March 13, 2005 01:19 AM
Regardless if its closed or open-source, code is subject to the will and whim of its programmer. Anyone who says "get over it" might not have this experience, and should mind the following...
1. If two programs have the exact same error, there is only two explanations: the host system is bad; or the program is a copy of the other. The other programmer is not going to have the same stressors, same amount of time, or even the same day/night job, as the other. They will both write code differently, except where the standards come it, but to name their variables the same? "slw_emit" could be an assembly instruction both would need, but it its a variable name the programmer made up, there's no standard prohibiting the other guy from writing "slow_emit" or "slowemit".
2. If a driver spits out someone else's name, or a screenshot exists in an obscure location, those would be big clues of copying. When it comes to my programming, if I use someone else's code, I'll remember to credit it in the source, and to tie into it as I need to: it does not mean I'll use other parts directly that come with it. Do people "use" their appendixes? How about foam bracers in packages for something that was shipped? These all just come with the package we wanted in the first place.
3. Copying is not restricted solely to open-source or programming: I've read stories online about unauthorized game consoles in Brazil that play Nintendo games. Also, if anyone ever saw "Triumph of the Nerds," the clone BIOS makers had to duplicate IBM's BIOS solely by guessing against their standard: this was done by "virgin programmers" that never played with anything that would look like they took the other guy's code. Copies and clones happen: its a question of what's a copy, and what's a clone.
Posted by: jon at March 13, 2005 02:09 AM
Has anyone thought about organizing a letter writing campaign to the FTC?
Three people from Wisconsin were able to get the FCC to fine ABC for Janet Jacksons breast...
Posted by: Damian at March 13, 2005 02:59 PM
Chris: "This is the personal website of "Arben" ..."
... "Untitled Document" LOL
And the source:
<p>&nbp;</p>
<p><br>
<br>
<br>
<br>
<br>
</p>
... very intelligent and accomplished spacing methods.
Posted by: toby linds at March 13, 2005 09:47 PM
I hope you can nail these guys to the wall with a lawyer. It is great if they want to take the product and try to improve it with CherryOs, but to take it and then charge while violating the GPL is disgusting behavior. I hope to hear more about a lawsuit soon.
Posted by: J.Do (not Jlo) at March 13, 2005 10:56 PM
man, you put apot of work into this article...
its so true.
i know a stupid guy who bought Cherry PC.
I told him "Just use Pear PC", but he told me Cherry PC was much much better, lol.
Posted by: J.Do (not Jlo) at March 13, 2005 10:59 PM
oh by the way...
Plz mail them with spam:
Maui X-Stream, Inc.
1068 Limahana Pl Suite #5
Lahaina Hi, USA 96761
Phone: 1 (808) 661-5699
Fax: 1 (808) 667-7002
It will help the cause, just complain to them, or call them, or send them letters with Pear PC Code.
I wanna hear what responces people get back if any. I'm mailing 2 letters right now, as 2 different people.
I'll be happy to share with you the reply they send back, if any!
Posted by: Adam Antoszek-Rallo at March 14, 2005 01:11 AM
"They're also less likely to be technically inclined enough to realize they're being sold a river, and more likely to attribute it to the PC just sucking."
Uhh, what? I am a Mac user and I am very technically inclined, as are many other Mac users. And I have been aware of this CherryOS fraud for awhile now, as have virually every otehr Mac user I know who would ever try "emaulation" on a x86 machine. I would never make an argument that Mac users are more technically inclined than PC users or visa versa, it just isn't true, at least from my observations. Most users on both platforms are less than technically competent, but lots of "sharks" exist on both platforms too. Good thorough article, but leave the Mac user bashing out of next time.
-Adam
p.s. And as for being "sold a river", Mac users at least had the good sense to stop buying Windows and run Unix instead...
Posted by: mattie at March 14, 2005 04:00 AM
Looks like you've been slashdotted :)
http://apple.slashdot.org/article.pl?sid=05/03/12/1935252&tid=179&tid=190&tid=17
Greetings: mattie
Posted by: Yoric at March 14, 2005 12:12 PM
Just one suggestion: make the case clear and concise. I've read your blog and I've read the PearPC forums and most of the linked pages. Although your blog is enormously better than all the pages I've found from the forums, it's still not perfect. My biggest fear on this is that, by putting too many details on the case, the evidence becomes somehow drowned under the trivial and the contestable.
You need to find one clear, explainable-to-everyone proof on which to center your case and then put everything else as an annex.
I'd hate to see your efforts (not to mention the GPL) losing because of the form problems. Good luck.
Posted by: PangOS at March 15, 2005 09:33 PM
I ask, is this a coincidence?
Probably just a case of similar technique.
http://www.drunkenblog.com/drunkenblog-archives/i/matches2b.jpg
Posted by: MMU at March 16, 2005 12:01 AM
"I ask, is this a coincidence?
Probably just a case of similar technique."
No it is not. Those are specific strings written by PearPC devs. The chance of those strings in the same exact proximity in two programs said to not be based in the slightest off the other is not, in the least bit, probable.
Posted by: rolandog at March 16, 2005 02:35 AM
So, should we download CherryOS for free?
lol J.Do, spam them? Should we offer them to 'grow some inches'?
Posted by: Randy Smith at March 16, 2005 11:26 AM
If the PearPC bunch took the time to apply for their own MAC address this would be the only smoking gun needed to put the bullet in the head of CherryOS.
Since the first 3 number groups, such as 00 FF 93, are the manufactures codes these are NEVER duplicated. They are given to a company to use and no other company can use them, legally anyway. The last three such as C0 0F 43 are the specific machine ID. These will always be different if the first three sets are the same.
As stated with 281,474,976,710,656 different MAC addresses it leaves little doubt where CherryOS picked up their code since the chance they would use the same MAC address would be 281,474,976,710,656 to 1. The California lottery chances are usually 14,000,000 to 1 and your chances of getting hit by lightning is even better, probably closer to 1,000,000 to 1.
If PearPC can lay claim to that MAC address that is pretty much all the evidence they need.
Posted by: asfnalsfn at March 16, 2005 07:10 PM
Heh, Opensource my ass. Isn't this why Copywrite laws were invented in the first place? If you give your code up the public, it's going to be stolen. Get over and get a freakin' Copywrite.
Posted by: .~. at March 18, 2005 03:56 PM
You should all really listen to how festival pronounces PearPC - it's really, really realistic: "PRPK". One syllable, that should be obvious.
I am still holding my stomach, but hey, gotta listen to the rest of the article...
.~.
Posted by: dfoesch at March 18, 2005 07:56 PM
Heh, Opensource my ass. Isn't this why Copywrite laws were invented in the first place? If you give your code up the public, it's going to be stolen. Get over and get a freakin' Copywrite.
-----
Wrong. We *do* have a copyright on our code. We just choose to *license* it to the public for free (as in speech), for any use, so long as any distributed derivative works are also free (as in speech) to the public.
That's how it works. You don't want to have to give everyone your source code modifications of our code? Then *don't use it*. That simple. You don't like the GPL, then write your own code.
Maui X-Stream doesn't understand this. I don't care about the money, I care that they're taking something that I said had to be free (as in speech) for as long as I hold my copyright, and they closed it. That's wrong. It's a breach of license, and it's a breach copyright law.
For all you who will ever say "get over it." No. I released my code under the GPL so that everyone can benefit from it, and no one can hide anything that might give a benefit to others. That's how the GPL works, and I'll be if I'm going to let some company think they can step on the GPL just because they don't think I have the legal muscle to back it up.
Posted by: nneonneo at March 20, 2005 05:04 PM
More evidence: I just observed CherryOS emitting the same error as PearPC:
"JITC Warning: program exception: 00080000 002f7362"
over and over again, just as PearPC did. (I am using an ISO of a Mac OS X install DVD). Well, that is fairly incriminating, especially because all the other console messages are "oops:::" and "" and
"GenuineIntel
CMOV MMX SSE SSE2"
which are short and nondescriptive.
Of course, PearPC emits the exact same error, so I see more evidence.
Posted by: ComputerPimp at March 22, 2005 09:48 AM
Maybe Apple is behind this whole CherryOS thing... rather than try to take on open source in court they figured they would try and piss off the people working on the project in hopes they would quit.
Posted by: B Buell at March 23, 2005 09:12 PM
FYI- Installed CherryOS demo on a PIII 1GB. Then started the OSX install which ran for 72 hours and never fully installed. Fun experiment, hardly functional or something Apple needs to be concerned with... As for PearPC, they should investigate their legal options.
Posted by: Miri at March 29, 2005 01:57 PM
Right now I'm using Pear PC 0.4pre over my IBM laptop and all I want to say is that this software is really wonderful. The speed it runs is acceptable. I have installed CherryOS in my other computer at office and it really sucks. The speed of PearPC is just more better. The development of PearPC should never stop because of a software which is proven to be stolen (CherryOS). To all guys of PearPC development "Keep up with the good job" you are really doing great :)
Miri
Posted by: Nick at March 30, 2005 07:21 PM
They DOUBLED the price of CherryOS today to $99.95! Is it twice as not-GPL now? ;)
Posted by: Mark Choi at March 30, 2005 11:48 PM
You write:
Mac users are most likely to have a copy of OS X lying around to take with them to work so they can use X favorite app, or on their secondary PC. They're also less likely to be technically inclined enough to realize they're being sold a river, and more likely to attribute it to the PC just sucking.
Um… what the heck are you talking about? Every survey and market analysis I have ever seen has shown that, as a whole, the mac user community has a higher level of technical savvy than their Windows using counter parts. Certainly I know of NO data showing the opposite.
Also, as whole, the mac community would NOT be the first ones to even WANT to try out OSX on Win. In fact, all accounts in the mac press treat the whole issue as a joke. Unlike the WinPC crowd, the average mac user not only loves their OS, they also love their hardware. The idea that an x86 emulator would thus meet a open reception in the mac community is baseless and bizarre.
Posted by: Riley Pizt at March 31, 2005 05:06 PM
The developers of PearPC should contact the Free Software Foundation. They do a great job of going after GPL violators.
Posted by: CherryOSIsARipoff at April 4, 2005 04:24 PM
CherryOS has been taken off of the MXS website:
http://www.cherryos.com
Posted by: Xenedar at April 6, 2005 11:00 AM
Someone writes:
Maybe Apple is behind this whole CherryOS thing... rather than try to take on open source in court they figured they would try and piss off the people working on the project in hopes they would quit.
Umm, that's a very odd thing to say about a company that has embraced open source so whole-heartedly and so opposite to Microsoft. The core of Mac OS X is open source, their streaming server has been open sourced, Mac OS X includes apache, samba, openssh and php to name but a few, and is shipping the highest volume *nix in the world. Open source is their bread and butter now. Think they are actually bothered by this thing?
Microsoft sells both Windows and the emulator that allows Windows to run on a Mac. That way they get even more blanked coverage than the pure Wintel crowd, and they make the money from selling one more Windows license, to someone who could not have otherwise run it. What's more likely to come from Apple is that they'll sue the people illegally installing non-legit copies of Mac OS X inside PPC-on-x86 emulators. Apple would probably be perfectly happy to sell you a legit copy of Mac OS X to install in your emulator.
(I've found it fascinating each time I've run across an open source fan who's really protective of a license like the GPL, but then breaks someone else's license by copying one of their products; be it OS or application.)








Ugh, I had seen parts of this from forums, but thanks for pulling it together in one place. Altogether like that, I don't see how CherryOS can keep repeating their claims.
Isn't this something for the Electronic Frontier Foundation or the Free Software Foundation?