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#319586 - 20/02/2009 06:28 My E-mail's with freescale
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
just thought a new thread would be better... but here is the first part of my e-mail with freescale:

i have removed e-mails to prevent spam bots from getting them
-----------------------------------------------------------------

Hi

My english is limited, but i will try to explain what I want with my request.

Me and a group of Empeg owners, want to continue development on the software that is in the player.

And since no company has used the rights - for the source behind the software - for the last 7 years (i might be off by 1 or 2 years), we where wondering if it was possible to obtain the rights?

I hope that freescale are open to discuss this matter.. It would help the community a lot, since we would now be able to fix bugs and add new features.

There is no plan to make money of this work and we have talked about and GPL license...

Maybe, in the feature we would also like to make a limted production of an upgraded version of the player, but there is absolute no plan for this as i write


Best Regards

Bo Herrmannsen

----- Original Message -----
From: "Taylor Jack-R61933"
To: "Bo Herrmannsen"
Cc: "Weisman Dale-R62632"
Sent: Friday, February 20, 2009 8:34 AM
Subject: RE: Empeg, Riocar


Bo

We are looking into it

Can you advise as to the context of your request?

Jack Taylor

-----Original Message-----
From: Bo Herrmannsen
Sent: Thursday, February 19, 2009 10:35 AM
To: Taylor Jack-R61933
Subject: Empeg, Riocar

Hi

It has come to my knowledge that freescale should be the owner of the
rights to the software that is used on the Empeg/Riocar player

I did some tracking and this is what i found out:

Rio bought Empeg
DNNA bought Rio
Sigmatel bought the Empeg bits from DNNA Freescale bought Sigmatel


Can you confirm this?

Regards

Bo Herrmannsen
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#319614 - 20/02/2009 15:15 Re: My E-mail's with freescale [Re: Boelle]
drakino
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Registered: 08/06/1999
Posts: 7868
It's a start, I'll be curious to see where this goes.

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#319624 - 20/02/2009 17:43 Re: My E-mail's with freescale [Re: drakino]
tonyc
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Registered: 27/06/1999
Posts: 7058
Loc: Pittsburgh, PA
Regardless of the outcome, thanks for pursuing this.
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#319625 - 20/02/2009 19:44 Re: My E-mail's with freescale [Re: tonyc]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
well... i will hunt this down.. either they say yes or no... or i will mail all their offcies once a week
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#319634 - 21/02/2009 01:53 Re: My E-mail's with freescale [Re: Boelle]
Shonky
pooh-bah

Registered: 12/01/2002
Posts: 2009
Loc: Brisbane, Australia
Interesting that Freescale (nee Motorola) ended up with the empeg rights.
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#319662 - 23/02/2009 13:26 Re: My E-mail's with freescale [Re: Shonky]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Mr. Klein

I'm just a private individual who are also a memeber of a forum page (http://empegbbs.com)

My interest in the software is mainly to be able to continue the development and bug fixing the software

There are no plans to make money on the software and we hope that we can get the software on a GPL license, and of course also any releases we make will be under GPL and frre of charge, that's what i have understood the rest of the forum/board would like

We have not made any plans to relaese another piece of hardware, but would Freescale mind if we did that in the future?

Also do you know the product that the software are made for?


Best regards

Bo Herrmannsen

----- Original Message -----
From: "Klein Kevin-RZAT60"
To: bo herrmannsen
Sent: Monday, February 23, 2009 3:47 PM
Subject: RE: Empeg, Riocar



Mr. Herrmannsen,

Your inquiry was forwarded to me by our public relations folks.

We have bought Sigmatel and the associated intellectual property,
although I'm not familiar with the entire trail and what software rights
made it through all the transitions you outline below.

Can you help me understand what organization you represent and your
specific interest in the software rights to help better answer your
question?

Regards,

Kevin
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#319663 - 23/02/2009 13:56 Re: My E-mail's with freescale [Re: Boelle]
petteri
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Registered: 02/08/2004
Posts: 434
Loc: Helsinki, Finland
Nice to see that this is moving up the ladder.

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#319664 - 23/02/2009 14:06 Re: My E-mail's with freescale [Re: petteri]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
well i just hope that they say yes

but if they do.. will mark blend hijack and the software to one piece?
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#319666 - 23/02/2009 15:29 Re: My E-mail's with freescale [Re: Boelle]
JBjorgen
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Registered: 19/01/2002
Posts: 3584
Loc: Columbus, OH
Just a suggestion, you may want someone whose first language is English to look over your responses, just to make sure you don't miss anything.

And no...the player and the kernel will most likely always remain separate. In fact, the kernel will probably get lighter weight as features that should have been in the player are added where they should be.

Thanks for doing this.


Edited by JBjorgen (23/02/2009 15:31)
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#319667 - 23/02/2009 16:30 Re: My E-mail's with freescale [Re: JBjorgen]
LittleBlueThing
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Registered: 11/01/2002
Posts: 612
Loc: Reading, UK
I too knew this had been discussed many many times - but I had no idea it had never been pursued <blush>.

I hold out little (but some) hope since I think there are two problems:
* legal - and Boelle is doing something about this
* practical - the source code is simply not available

If anyone had a copy of the source then I think it would have leaked out by now - and I think someone would have gone chasing Freescale for permission to cover ourselves.

However - could any of those who *may* know of the last location of the source see if there is *anything* that could be released given permission?
That way Boelle has a clearer request:
"Dear Mr Freescale, if we find a copy of the code for this 10 year old obsolete car stereo, can we submit it to you in order that you can license it under the GPL."

Otherwise we're asking for rights to something that may not exist and possibly asking Freescale to actually go searching for the code. The less we ask for the better our chances.

Bo, I (personally) think it may be better to be more discrete - saying
"We have not made any plans to relaese another piece of hardware, but would Freescale mind if we did that in the future?"
sounds like it would raise alarm bells. Keep focused on the software.
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#319668 - 23/02/2009 16:40 Re: My E-mail's with freescale [Re: LittleBlueThing]
peter
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Registered: 13/07/2000
Posts: 4180
Loc: Cambridge, England
Originally Posted By: LittleBlueThing
Otherwise we're asking for rights to something that may not exist and possibly asking Freescale to actually go searching for the code. The less we ask for the better our chances.

We need to ask Freescale to go searching for the code. (They probably wouldn't have to search very far -- it was all still on Sigmatel's SVN server when Sigmatel closed the Cambridge office at the end of 2007, so presumably it was also still there when Freescale bought Sigmatel a few months later.) Even suggesting that the code might exist anywhere else would damage our case IMO -- and not merely because it doesn't!

Peter

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#319669 - 23/02/2009 16:44 Re: My E-mail's with freescale [Re: peter]
mlord
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Registered: 29/08/2000
Posts: 14494
Loc: Canada
Should also ditch the GPL idea -- that's also scary to suits. Perhaps leave it to them to ask for a license suggestion, then bring it up.

To fix/improve the code on the existing platform, a much more restrictive license would do fine.

Cheers

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#319670 - 23/02/2009 17:03 Re: My E-mail's with freescale [Re: Boelle]
julf
veteran

Registered: 01/10/2001
Posts: 1307
Loc: Amsterdam, The Netherlands
I would also try to point out to freescale that we represent a community of open source developers that have kept a 10-year-old product alive by continuous improvements, despite being hampered by lack of source.

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#319672 - 23/02/2009 17:13 Re: My E-mail's with freescale [Re: JBjorgen]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: JBjorgen


Thanks for doing this.



np mate.. and yes i should let some correct my respons, but i guess most will understand and if not ask me what i mean
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#319673 - 23/02/2009 17:17 Re: My E-mail's with freescale [Re: julf]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: julf
I would also try to point out to freescale that we represent a community of open source developers that have kept a 10-year-old product alive by continuous improvements, despite being hampered by lack of source.


i will do when i get a response back, but at least i have them a link to the bbs
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#319674 - 23/02/2009 17:21 Re: My E-mail's with freescale [Re: peter]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: peter
Originally Posted By: LittleBlueThing
Otherwise we're asking for rights to something that may not exist and possibly asking Freescale to actually go searching for the code. The less we ask for the better our chances.

We need to ask Freescale to go searching for the code. (They probably wouldn't have to search very far -- it was all still on Sigmatel's SVN server when Sigmatel closed the Cambridge office at the end of 2007, so presumably it was also still there when Freescale bought Sigmatel a few months later.) Even suggesting that the code might exist anywhere else would damage our case IMO -- and not merely because it doesn't!

Peter


I agree on this one, the proper way to do this is to ask them first and let them look for the source..

it might be that they come back nd say" we can give you the rights, but we cant find the source" then a reply could be "is it ok if we search for the source and get back to you if we locate it"

just a thought
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#319675 - 23/02/2009 17:22 Re: My E-mail's with freescale [Re: JBjorgen]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: JBjorgen
.the player and the kernel


just confused here.... is the kernel the same as hijack ?
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#319676 - 23/02/2009 17:23 Re: My E-mail's with freescale [Re: mlord]
peter
carpal tunnel

Registered: 13/07/2000
Posts: 4180
Loc: Cambridge, England
Originally Posted By: mlord
Should also ditch the GPL idea -- that's also scary to suits. Perhaps leave it to them to ask for a license suggestion, then bring it up.

To fix/improve the code on the existing platform, a much more restrictive license would do fine.

Bear in mind that one of the things Freescale will not be allowed, by their contracts with third-parties, to give us, is the MP3 decoder. If there was a release, we would need to then integrate an open-source one (or put up with Vorbis, FLAC and WAV only). This in turn means that whatever licence they picked would need to be LGPL-compatible (for mpg123) or, preferably, GPL-compatible (for madplay).

Peter

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#319677 - 23/02/2009 17:25 Re: My E-mail's with freescale [Re: peter]
drakino
carpal tunnel

Registered: 08/06/1999
Posts: 7868
If anything does come up where they want to meet with someone in person, I'm willing to do so if they are in the Austin area. I know Freescale has a large presence here, as did Sigmatel. Showing them in person what we are talking about might help.

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#319678 - 23/02/2009 17:27 Re: My E-mail's with freescale [Re: peter]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: peter
Originally Posted By: mlord
Should also ditch the GPL idea -- that's also scary to suits. Perhaps leave it to them to ask for a license suggestion, then bring it up.

To fix/improve the code on the existing platform, a much more restrictive license would do fine.

Bear in mind that one of the things Freescale will not be allowed, by their contracts with third-parties, to give us, is the MP3 decoder. If there was a release, we would need to then integrate an open-source one (or put up with Vorbis, FLAC and WAV only). This in turn means that whatever licence they picked would need to be LGPL-compatible (for mpg123) or, preferably, GPL-compatible (for madplay).

Peter


yeah, but is there any practical difference ? i mean an opensource one could even be better.. but might be wrong
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#319679 - 23/02/2009 17:29 Re: My E-mail's with freescale [Re: drakino]
Boelle
addict

Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: drakino
If anything does come up where they want to meet with someone in person, I'm willing to do so if they are in the Austin area. I know Freescale has a large presence here, as did Sigmatel. Showing them in person what we are talking about might help.


thanks mate... i dont know if they have any office in denmark... and i cant afford to travel.. i just started this because i thought e-mail could do it for starters.. never thought that they would reply
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#319680 - 23/02/2009 17:31 Re: My E-mail's with freescale [Re: Boelle]
peter
carpal tunnel

Registered: 13/07/2000
Posts: 4180
Loc: Cambridge, England
Originally Posted By: Boelle
Can you help me understand what organization you represent and your specific interest in the software rights to help better answer your question?


Boelle, here are some words I've just jotted down that you should feel free to reuse any or all of in your correspondence with Freescale:

Quote:
This is a plea to Freescale to release as much as possible of the source code for the Empeg car-player firmware, freely into the car-player enthusiast community. We believe Freescale currently own the rights to this code; certainly Sigmatel used to own them before Freescale bought Sigmatel. We would like it to be available, as there are certain bugs and infelicities in the released versions, many of which could be fixed by the community if we had access to the source-code.

We admit upfront that this is not a commercial operation. We don't have any money to pay to Freescale for this, and it's unlikely to lead directly to additional sales of any Freescale products; we can ask only in the hope of goodwill on Freescale's part.

Concretely, what we wish to propose is this:
  • Freescale collect the source-code for the v2.01 and v3alpha11 releases of the "Empeg" codebase, from 2003 and 2005 respectively; as recently as December 2007 this was still available in Sigmatel's SVN server as module "empeg". Perhaps it still is, or perhaps backups from that time exist.
  • Freescale determine under what licensing conditions they're prepared to hand out the code, if any. Using the GPL, for instance, would prevent us (or anyone else other than Freescale) from producing "proprietary" or closed-source products from the released code. Or Freescale could stipulate whatever alternative licence they chose, that would let the community modify the code and release modified versions. Of course, as Freescale would remain the copyright holders, this would not in any way restrict Freescale from also offering the code or other derived software under commercial licences to their existing and/or future commercial partners. (For instance, we believe that the current PMP SDK for the STMP3700 may contain some derived software from this code; nothing we propose should in any way affect Freescale's full and free commercial rights in these products.)
  • One or two individuals from the community (but who formerly worked for Sigmatel), under NDA with Freescale, would work with Freescale to exclude from the releases any elements which Freescale are under external obligation *not* to give away; for instance, the Microsoft WMA decoder would fall into this category. For our community's purposes, we only need those parts that Freescale own outright, not any of those third-party elements. We already have community volunteers for this role.
  • Once everyone was in agreement about the contents of the release, it could be distributed either via Freescale's own website or one belonging to the community, whichever Freescale preferred.
  • Once released, the community could work to replace with open-source equivalents any sections removed for third-party contractual or other reasons.
  • Everyone would then be very grateful to Freescale!

If within Freescale you'd like to find someone who knows a bit more about the history with Sigmatel and Empeg, you could try talking to [NAMES OMITTED for privacy -- I'll PM them to you, Boelle], who were there at the time these events happened.


Peter

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#319681 - 23/02/2009 17:42 Re: My E-mail's with freescale [Re: peter]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
thanks a lot peter... i could not do it better myself... i think i will mail them that one also...hmm... just need to think if i should start the e-mail like this: Here is what the community of the Empeg car-player have in mind....
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#319682 - 23/02/2009 17:52 Re: My E-mail's with freescale [Re: Boelle]
Robotic
pooh-bah

Registered: 06/04/2005
Posts: 2026
Loc: Seattle transplant
Originally Posted By: Boelle
Originally Posted By: JBjorgen
.the player and the kernel


just confused here.... is the kernel the same as hijack ?

Yes. Sort of.
You have the choice to use the standard configuration OS as supplied with the empeg or the Mark Lord modified OS (nicknamed 'Hijack").
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#319683 - 23/02/2009 17:55 Re: My E-mail's with freescale [Re: Boelle]
tfabris
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Registered: 20/12/1999
Posts: 31599
Loc: Seattle, WA
Originally Posted By: Boelle
just confused here.... is the kernel the same as hijack ?


Yes. Hijack is a modified version of the original empeg kernel. The original empeg kernel, is a modified version of Debian Linux. All of those things are open-source.

It's the closed-source player application and its subcomponents that you're talking about with Freescale.
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#319684 - 23/02/2009 17:59 Re: My E-mail's with freescale [Re: tfabris]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: tfabris

It's the closed-source player application and its subcomponents that you're talking about with Freescale.


yep... but why not take the best from the car player and hijack and make a new kernel based on that?
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#319685 - 23/02/2009 18:06 Re: My E-mail's with freescale [Re: Boelle]
tfabris
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Registered: 20/12/1999
Posts: 31599
Loc: Seattle, WA
Mark is already doing the best possible work on the kernel.

In fact, many of the features Mark is adding to the kernel would work better is they were put into the player software. Mark is doing a lot of "tricks" that allow the kernel to handle special features that you'd normally do inside a piece of application software.

I would predict that if we could get the player software code open-sourced, then Mark would move a lot of his kernel features back into the player software where they belong.
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#319686 - 23/02/2009 18:06 Re: My E-mail's with freescale [Re: Boelle]
peter
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Registered: 13/07/2000
Posts: 4180
Loc: Cambridge, England
Originally Posted By: Boelle
yep... but why not take the best from the car player and hijack and make a new kernel based on that?

Because good Linux development practices mean that there are some sorts of things that it's most robust and elegant to have in the kernel, and other sorts of things in "userland" (the player code). Many of the differences between Hijack and the stock kernel, perhaps most of them, are ingenious but sometimes slightly ad-hoc solutions to problems that could possibly be solved more elegantly in a modified player.

Peter

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#319687 - 23/02/2009 18:10 Re: My E-mail's with freescale [Re: peter]
tfabris
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Registered: 20/12/1999
Posts: 31599
Loc: Seattle, WA
I think what Peter and I are both trying to say, is that if we can get the player code open-sourced, then of COURSE we (and by we I mean Mark probably) will be making changes to the kernel, too. New ways of doing things will become available to the empeg community when that happens.
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#319688 - 23/02/2009 18:12 Re: My E-mail's with freescale [Re: tfabris]
Boelle
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Registered: 22/11/2007
Posts: 475
Loc: Denmark, Odense
Originally Posted By: tfabris

I would predict that if we could get the player software code open-sourced, then Mark would move a lot of his kernel features back into the player software where they belong.


that was what i had in mind... of course we need the source to do this


Edited by Boelle (23/02/2009 18:14)
Edit Reason: correcting typos
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