Are you sure Phase actually modified the kernel? I do see his email says “Phase One Linux” but me and you can take Linux and call it whatever we want too. Modifying the kernel is a lot of work and even if they did you are not entitled to the platform that runs on the kernel — just the snippets of code that they changed in Linux. I just dont see the value in those pieces. Think of Windows being open source and i write a windows program. The program is mine 100%. But if I modified the Windows O/S then that could fall under open source license and I need to provide the source code for my cool modification to the ”Start” button. But that is it. No more. I just dont see Phase forking Linux and making their own. It is so much better to use an unmodified OS so they can get all of the future improvements with newer kernels and keep their platform stable re-compiling to a newer version. So I say it is pure 99.99%-100% Linux and the code on top is proprietary. Whatever change they made (and I would bet none) has zero value if they gave it to us anyways.