HTC has of today (22.10.2009) released the HERO Kernel source...! It can be obtained from: http://developer.htc.com/ Thanks to everybody for showing their GPL support. WE, the people who bought your ‘Hero’ mobile phone, demand the you, HTC, release the HERO kernel source. You (HTC) are required by the GPL to provide the source code for those components licensed under it to everyone you distribute the binary to. The kernel is licensed under the GPL, as are several other components such as khtml/webkit in the web browser etc. There is a clear precedent that embedded devices such as mobile phones constitute a distribution of the binary and so require provision of the source. We understand that you may make a reasonable charge for supplying this, e.g. cost of media and packaging, if supplying this on physical media. You have previously stated to numerous parties that distribution of this source code is waiting on your software developers but: The GPL guide viewable at http://www.softwarefreedom.org/resources/2008/compliance-guide.html states: Quote: "If you ship an offer for source with your product but cannot actually deliver immediately on that offer when your customers receive it, you should expect an enforcement action." Section 7 of the GPL v2.0 states: "If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all" Quoting from the licensing information readable on the phone itself under ‘Menu/settings/about phone/legal information/HTC legal’: "For the open source file(s) contained herein, please access “open source license” section located at SettingsAbout phoneLegal information on the device for the relevant copyright and licensing terms. You may obtain a copy of Apache License, version 2.0 at http://www.apache.org/licenses/LICENSE-2.0. You may also obtain a copy of GNU General Public License, Version 2 at Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA02110-1301, USA. 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." Copies of various licenses, including the GPL version 2 are included under Menu/settings/about phone/legal information/Open source licenses. HTC is legally required to provide the source code on request to customers in receipt of GPL binaries distributed by you. Delays are not an option. Furthermore this product has been available for three months in the UK so you have already had plenty of time to prepare. So HTC, release the source.

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