No, I mean Linux.

1.) Regardless of whether Empeg is using Debian or not, THEY are still required to make the source code available, even though they can simply point to www.debian.org and say "They're making it available". The GPL is fairly clear on that point. The person doing the distribution needs to make it available according to the terms of the GPL.

2.) It is my understanding that there were a bunch of patches made to the kernel (probably in the areas of USB, but also others as well I suspect), which under the terms of the GPL would also have to be released EXCEPT in the case of "new kernel modules" (although if they were built on OLD modules, then they would be derivative works and their release would still be required).

I agree that the Empeg playback, visuals, UI, etc., are all a different issue (and while I'd like to see them open source, I can understand their not being so).

D