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MacBytes
Jul 5, 2004, 08:58 AM
Category: PowerPC
Link: PEARPC Author dies (http://www.macbytes.com/link.php?sid=20040705095822)
Posted on MacBytes.com (http://www.macbytes.com)

Approved by Mudbug

killmoms
Jul 5, 2004, 09:15 AM
Wow, that really sucks. Whether you liked his project or not, it stinks when someone dies in a freak accident like this one (he was hit by a train). Just reminds you that no one is guaranteed tomorrow.

--Cless

jsw
Jul 5, 2004, 09:30 AM
Truly tragic. I hope that at least it was all over quickly and that he didn't suffer.

Bunzi2k4
Jul 5, 2004, 09:47 AM
Oh man... I hope PearPC will continue...

iKenny
Jul 5, 2004, 09:52 AM
What a horrible thing to happen :(. Getting hit by a train...
This is bad for so many people. His contributions were really amazing (I was astounded and pleased that someone had gotten OS X to work on a PC). I hope the project can continue and I hope for the best for his family and friends.

michaelrjohnson
Jul 5, 2004, 10:53 AM
:(

R.I.P

It's a tragedy.

crees!
Jul 5, 2004, 11:56 AM
... (I was astounded and pleased that someone had gotten OS X to work on a PC). I hope the project can continue and I hope for the best for his family and friends. And he was what... 22 - 23 years old on top of all this.

SilvorX
Jul 5, 2004, 02:26 PM
wow :(
even tho i wasnt too fond of pearpc, i give my condolences to his family and friends and all the fans of pearpc :(

White Fire
Jul 5, 2004, 05:41 PM
:(

Nermal
Jul 5, 2004, 06:49 PM
Wow, I don't know what to say, so I'll let the "smiley" speak for me :( :( :(

thatwendigo
Jul 6, 2004, 12:08 AM
May Stefan Weyergraf rest in peace, just as Apple legal should bury the PearPC project. Unlike other supposed 'fair use' tools, it exists for no reason but to break the Apple user agreement and the law that it calls on.

Sorry to preach when some people seem to be genuinely grieved over this, but I think it's important to remember that he was at least something of a criminal, too.

LimeiBook86
Jul 6, 2004, 01:42 AM
...but I think it's important to remember that he was at least something of a criminal, too.

Not to sound mean or anything but, this is not the time, nor place for that.


Rest in peace. :(

oingoboingo
Jul 6, 2004, 03:14 AM
May Stefan Weyergraf rest in peace, just as Apple legal should bury the PearPC project. Unlike other supposed 'fair use' tools, it exists for no reason but to break the Apple user agreement and the law that it calls on.

Sorry to preach when some people seem to be genuinely grieved over this, but I think it's important to remember that he was at least something of a criminal, too.

We should probably lock up Ryan Rempel as well then too. XPostFacto allows you to install OS X onto unsupported systems, including upgraded clone systems (ie: not Apple-branded hardware). Has Apple ever successfully prosecuted anyone for installing OS X on their G3-upgrade PowerComputing clone? Their license/contract may not even be legally enforceable. There's a time and a place for soapboxing, and this isn't it. Get some perspective.

thatwendigo
Jul 6, 2004, 03:26 AM
We should probably lock up Ryan Rempel as well then too. XPostFacto allows you to install OS X onto unsupported systems, including upgraded clone systems (ie: not Apple-branded hardware). Has Apple ever successfully prosecuted anyone for installing OS X on their G3-upgrade PowerComputing clone?

Those machines were produced under license by Apple, use the same processors, and generally don't fall into the same category as writing an emulator specifically to violate the EULA. PearPC is illegal, intended only to be illegal, and serves no useful purpose other than to enhance the ability of others to break the law.

Even peer to peer has more legal defense than that.

Their license/contract may not even be legally enforceable.

Do you click yes? If so, then you are signing a contract that binds you to Apple's terms of use.

That's all the defense they'll need.

There's a time and a place for soapboxing, and this isn't it. Get some perspective.

There's a time and place that people find generally acceptable, but that hardly proves there is an objective standard for it. I agree that accidental death is a sad thing to have happen, but really... How many people here actually knew him? How long will they remember? A day? A week? A month?

Grandstanding me about "proper behavior" doesn't mean that my point isn't valid, nor does it show anything about the person who was killed. If I had said something about, say, Andrea Yates being a criminal when she dies, nobody would care. Why is this different?

oingoboingo
Jul 6, 2004, 04:20 AM
Those machines were produced under license by Apple, use the same processors, and generally don't fall into the same category as writing an emulator specifically to violate the EULA. PearPC is illegal, intended only to be illegal, and serves no useful purpose other than to enhance the ability of others to break the law.

Possibly, but reading my OS X license agreement says pretty clearly "This license allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time". A Umax or Power Computing is not an 'Apple-labeled computer'. That's pretty clearly a Umax or Power Computing logo on the front...nothing resembling a piece of fruit to be seen. I can't find any exclusions in the rest of my license document.

The reason I ask you if you are aware if this particular EULA has ever been successfully enforced on that particular clause, is because to me that clause sounds like an unenforcable pile of crap. But IANAL. Hence my question. I'll be more than willing to change my thinking to "that guy's a filthy stinking criminal" if somewhere, sometime, Apple has been able to successfully bring criminal charges against an OS X user caught out operating OS X on a piece of equipment not bearing the Apple logo.


There's a time and place that people find generally acceptable, but that hardly proves there is an objective standard for it. I agree that accidental death is a sad thing to have happen, but really... How many people here actually knew him? How long will they remember? A day? A week? A month?

No, I didn't claim there was an objective standard. I claimed that I thought that in this case, and in the given context, your comments were inappropriate. But since I'm not a moderator, I can't do anything about that, and you'll be able to post whatever the hell you want. I just don't imagine your friends, family and software users would be particularlty comforted if you were hit by a train tomorrow and the response was "Oh yeah, thatwendigo, what a talent. He'll be missed. But he did get a speeding ticket a while back and lent a friend his Justin Timberlake CD to make a copy of. Man, what a damn criminal."

As for remembering the guy, I'd say it will be quite a while before people forget about him or his contributions, since his creation, PearPC, has gathered a lot of publicity in the IT community and gotten people excited about it. Why would I have remembered some random U.S. guy named Joel 'Espy' Klecker dying from muscular dystrophy 4 years ago? Because he was an important contributor to the Debian Linux project, helped a lot of people in the Debian community, and the 2.2 release of Debian was named in his honour for these reasons. If anything, he's become more well known after his death and his contributions more appreciated. Don't be so quick to believe that a 'stranger's' death will be rapidly forgotten. People are remembered for their work and contributions as well as for their personalities or relationships.

LimeiBook86
Jul 6, 2004, 06:22 AM
There's a time and place that people find generally acceptable, but that hardly proves there is an objective standard for it. I agree that accidental death is a sad thing to have happen, but really... How many people here actually knew him? How long will they remember? A day? A week? A month?

You have some good points but still we are here to pay our respects to the departed. Wether this man was a pirate, a their, or a criminal is for the courts to decide, he was just an innocent man who was harshly taken away from the world suddenly. It doesn't really matter if we knew him or not, or if 5 days from now we remember him, it matters that we are showing our respect for the person now. That is all that really matters.


Also, I think we are getting a weeeeeeee bit off topic here, don't yah think?


:rolleyes:

janey
Jul 6, 2004, 03:11 PM
if pearpc was intended to be illegal, why is OS X so flakey in pearpc?
pearpc was intended to be a powerpc emulator, nothing else.
OS X isnt the only OS...
and goddamn it really isnt the right time to bring up the whole fair use thing, a guy just died in a freak accident. :rolleyes:

Mac_Max
Jul 6, 2004, 03:39 PM
First I have to send my condolences :(

PearPC isn't a fair use tool. It doesn't break any Apple DRMs & it doesn't contain any of Apple's source code. It is an emulated machine that uses a a basic ROM that was created by the author to act like a New World ROM which is fully compatible with the OpenFirmware spec, an open standard used by IBM, Sun, & Apple. A few other companies that make PPC hardware write their own OpenFirmware spec ROM for their products. The open standard makes it relatively easy to produce a compatible ROM. You just need to know how to write a ROM. From there the emulated hardware interfaces with OS X much like real hardware. Basically you can't sue them as there isn't any Apple code in it. By installing OS X on it you may be breaking the OS X EULA but that has nothing to do with PearPC. Thats the user's liability.

solvs
Jul 7, 2004, 01:49 AM
May Stefan Weyergraf rest in peace, just as Apple legal should bury the PearPC project. Unlike other supposed 'fair use' tools, it exists for no reason but to break the Apple user agreement and the law that it calls on.

Sorry to preach when some people seem to be genuinely grieved over this, but I think it's important to remember that he was at least something of a criminal, too.
Wow... normally I agree with you, but that was uncalled for.

I was even going to post something here when I heard about this, saying I'm glad no one posted any kind of comment about how this project was against Apple. And when I come back here, there it is. Worse than I would have imagined. It is just a project a couple of people started to see if they could. It is no threat to Apple, and they have yet to sue or even try to shut it down. Nor would they.

Nor should they.

My condolences to his friends and family, who I'm sure will miss him. As will the developer community as a whole. Frankly, I'm a little disappointed it has come to this.

Nermal
Jul 7, 2004, 03:45 AM
It's disappointing to find people complaining about legality. PearPC was intended for Linux developers to compile and test on LinuxPPC, without having to buy PowerPC hardware. The ability to run OS X is a byproduct. So please can we keep this thread for its intended purpose. :(