Originally Posted by SquiffSquiff

Speaking as one who has compiled kernels in the past there are three components required here:

1. The kernel source- this is typically available from http://kernel.org/ If HTC have made any changes to the source of the kernel itself then these should be apparent in their distribution of the kernel source
2. The relevant configuration file '.config' which should accompany their distribution of the kernel source and permit you to compile any other kernel as a drop in replacement.
3. Source code and makefiles for any custom kernel modules ('drivers' in windows terminology) In Linux these have to be compiled together with the kernel.

To use a cookery analogy:
The kernel source is the raw ingredients. It can be set up for anything from a supercomputer to a DVD player depending on how you use it. The kernel config is the method which will allow you to bake the type of cake you intend. The modules sources are any of HTC’s own custom ingredients required for everything to work. THe kernel is the finished cake which you eat.

Good analogy!
I want to eat the cake
So at this point, we do not have the ingredients or the special recipe to make a Hero cake?

I just got a mail from HTC customer support,
They said that they don't know when it will be available, only to say that I have to check the website where it will be posted..

What Exactly did you ask them for? Are you able to post your email and their response here?

Originally Posted by SquiffSquiff

What Exactly did you ask them for? Are you able to post your email and their response here?

It says that the mail is for me only, plus it's in Dutch, but I will translate the important part anyway:

At the moment we do not know when the kernel source for the Hero will be released. The best thing you can do is to keep an eye on our website, as all updates will be available here. Sorry again for the inconvenience.

Thanks. Well that isn't right. HTC are required by the GPL to provide the source code for those components licensed under it to everyone they 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 (the 'cake' in my comparison example) and so require provision of the source (the recipe). The distributor may make a reasonable charge for supplying this, e.g. cost of media and packaging , and is not required to distribute the source publicly, only to those people in receipt of the binary. Google 'netgear gpl'; 'kiss gpl' ; 'bt gpl' to see examples. I will request the source code myself in the UK and work from there.

Originally Posted by SquiffSquiff

Thanks. Well that isn't right. HTC are required by the GPL to provide the source code for those components licensed under it to everyone they 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 (the 'cake' in my comparison example) and so require provision of the source (the recipe). The distributor may make a reasonable charge for supplying this, e.g. cost of media and packaging , and is not required to distribute the source publicly, only to those people in receipt of the binary. Google 'netgear gpl'; 'kiss gpl' ; 'bt gpl' to see examples. I will request the source code myself in the UK and work from there.

That is a good initiative, I am afraid however, that they will pretend that they don't know when it will be available. :(

Originally Posted by SquiffSquiff

I will request the source code myself in the UK and work from there.

At this stage, I guess that most people have asked when the source will be available, rather than actually requesting the source code.

You should look at the licenses (Menu->Settings->About Phone->Legal Information->Open Source Licenses) as according to the GPL this must include a written offer to supply the source code. This may spell out how it may be obtained.

Regards,

Dave

Originally Posted by E2K

That is a good initiative, I am afraid however, that they will pretend that they don't know when it will be available. :(

This in not acceptable according to the GPL.

The GPL guide here states:

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.

The offer must be included in the licenses on the Hero, so if you make a formal request taking up that offer, HTC *must* act on it immediately or be in breach of the GPL.

Of course, this does give them a little time in which they can say they demand payment in advance for "costs" associated with shipping physical media, but I guess that should cause a delay of no more than a a couple of weeks max.

Regards,

Dave

Wow, good work/thinking people!
Keep us updated!

Let's get a lawyer and knock on their door! lol