ROM cooking legalities - Touch HD Windows Mobile ROM Development

http://www.guardian.co.uk/media/pda/2009/apr/29/apple-itunes
Just read this earlier about Apple trying to remove information on a wiki page about bypassing itunes and using other software to sync your phone.
I found a particular quote at the bottom quite interesting. A senior Intellectual property attorney said…
"Wikis and other community sites are home to many vibrant discussions among hobbyists and tinkerers. It's legal to engage in reverse engineering in order to create a competing product, it's legal to talk about reverse engineering, and it's legal for a public wiki to host those discussions."
This made me think about a recent thread on ROM upgrading and cooking where users had repeatedly tried to get a straight answer from Microsoft as to whether it was legal or not. A recent interview had mentioned something along the lines of not being able to live with or without the community who partake in ROM cooking.
So is the process moving out of the grey zone? Is it infact perfectly legal?
BANE

Hi
Thank you for the information, very interesting ....

BANE said:
I found a particular quote at the bottom quite interesting. A senior Intellectual property attorney said…"Wikis and other community sites are home to many vibrant discussions among hobbyists and tinkerers. It's legal to engage in reverse engineering in order to create a competing product, it's legal to talk about reverse engineering, and it's legal for a public wiki to host those discussions."
Click to expand...
Click to collapse
That's just an opinion. An attorney does not decide what is legal. Let's not be naive here. I guess every intellectual property attorney would disagree with his opinion that "reverse engeenering" without approval of the legal onwer of the product is legal. The language in the quote is not what an "intellectual property attorney" would use to argue. Whether a discussion is "vibrant" is legally completely irrelevant, and so is the reference to "communities".

by opening the box and powering on the phone we are somewhere agreeing to EULA which somewhere in fineprint will have forbidden reverse engineering,

there was something about this from Microsoft when the 6.5 beta ROM was out and some (fake) MS guy sent out warnings not to distribute those ROMs a couple of months back... then HTC / Microsoft essentially stated they didn't mind ROM cooking.
This stuff has been discussed for ages. Read this:
http://forum.xda-developers.com/showthread.php?t=294142
and this:
http://forum.xda-developers.com/showthread.php?t=492760
and of course most importantly, these, which show that MS and HTC take a neutral (ie. they don't mind) stance to Rom cooking:
http://www.duttythroy.net/component/content/article/35-romnews/172-microsoft-and-htc-say-ok-to-xda-developers.html
(non-english)
http://tweakers.net/nieuws/59043/microsoft-xda-developers-illegaal-maar-we-pakken-ze-niet-aan.html
Phew! Now can ppl stop raising these posts and do a SEARCH? I just typed in "6.5 rom legal ok" and "rom legal" and came up with loads of links....

The 6.5 issue with microsoft and htc is the other occurance i was referring to.
I started the thread as I thought I had found something interesting and perhaps new... It wasn't my intention to simply ask is it legal, but perhaps add some info to the argument.
I can and do use the search function
Thanks,
BANE

Hmm..how can a cooked ROM using USPL or etc...to get the cooked ROM to replace the Raw one in your phone ..erh ...is considered legal?
If it is then should we say that the warranty of the phone with the cooked ROM is still valid ??? LOL!!!!

Related

An Open Letter to Microsoft - Let us develop WM6 please

Dear Microsoft,
I am writing this letter to ask permission for Xda-developers.com and it's users to officially use, develop, and share the new Wizard WM6 roms on this site. I know that you are currently not allowing us to do so. I believe it is in your best interest to let us. Here is why:
1) User Testing - allowing us to develop and share the WM6 rom for the wizard will open your product to a huge amount of testing. On this site, we don't just use our phones, we push them hard. We love to see the most we can get out of them. We get bored with what we have, so we load a new rom and see what it can do. 3 days later we load another. You will not find a better place on the Internet to test your roms.
Also, it will allow us to test compatibility with new and existing software. This site is already reference material for most software developers and even HTC. In our never-ending search for information about these devices we find things such as tricks to make them better, security holes, and all sorts of information that 3rd party companies can use.
All of this work is done by volunteers who, although they may gripe from time to time, feel a sense of satisfaction for doing this work. You can't buy their level of loyalty.
2) Goodwill - Allowing us to use, develop and share the WM6 rom will create a massive amount of goodwill on this site for your company. Since you are the biggest player in the game, you are currently subject to TONS of criticism everywhere you turn. People usually see you as this huge faceless corporation that wants to control people and take their money. I read the blogs of Microsoft employees and know this is really not the case. Allowing us to work on this rom openly will create goodwill that no ad campaign can buy.
3) Money - The bottom line is that you will save money. Money that might be spent on research will be saved by free research on this site. Money spent on ads to generate goodwill will be saved by the goodwill generated on this site.
I appreciate your consideration of this matter. Please let us know of your decision.
Sincerely,
texasaggie1
cool letter.. cant wait to see wat kind of responce you get.
Diddo.......Let's see if the big boss will let us play.
Great Letter Aggie. I would think the MS resposne would be pretty good about this. MS has been pretty good with other technologies lately in opening it up and taking feedbacks from users.
One thing is for sure. THERE IS NO OTHER PLACE BETTER THAN HERE TO TEST/TWEAK/BETTER WINDOWS MOBILE.
We do have a vast number of volunteers here that do a helluva job in making these roms faster and better.
What makes you think they aren't doing this already?
Where do you think this 'leaked' version originated from, anyway? And why is it literally painless to install?
MS has employees who actively troll this group (among others) to get feedback..good and bad...for their "pre-release" warez. They just lurk in the shadows (rightfully so, speaking up would make them the whipping boys of the forum...)
Since the hardware mfr and/or the service provider of the device is the one who decides whether or not to 'upgrade' your device with the latest and greatest OS (based heavily on whether or not they want to support multiple s/w versions) MS can't make any money off simply selling their product to the end user. Unlike the PC model of selling you a retail boxed version of a new operating system for your PC.
No money to be made = no money to be lost. Think about it.
All that being said, the most important thing to remember is that they will ACTIVELY shut down any site hosting their software without their permission. If they fail to enforce their copyrights by legal means, it further weakens any argument in future lawsuits regarding others who pirate their software. They will also quickly piss off the likes of t-mobile, cingular, and other service providers if they provide the end-user a means of bypassing their process of certifying the stability of their phones.
They will continue to operate in this way for a long time. They get free beta testing from 'hardcore users' while looking the other way. It's genius if you ask me!
!! Sweet !!
I would be very suprised if they gave this consideration, they will wait for the 'next gen' devices up to come to release it on in my opinion.
Besides we must face it, most people that are using these phones these days do not flash their device, nonetheless, know what it is.
We are the few flashing samurai that cannot live with a stock rom, and want to "juice" our hardware to get our money's worth. \m/
I will say If you live in the US now you will see that parents are buying their teenage kiddies smartphones/ppcs now for a couple reasons. 1) To ward off an appl music/video product, and of course. 2) To be able to reach them anywhere with the phone service.
It would have been funny to say that most people on this site are using/have used the wm6 leak already, so we might as well work together for free, for a learning purpose.
They need more of this for WM device settings...
http://video.google.com/videoplay?docid=2362050448778905490&q=steve+ballmer+remix
http://www.youtube.com/watch?v=C5oGaZIKYvo
rizzo said:
What makes you think they aren't doing this already?
Where do you think this 'leaked' version originated from, anyway? And why is it literally painless to install?
MS has employees who actively troll this group (among others) to get feedback..good and bad...for their "pre-release" warez. They just lurk in the shadows (rightfully so, speaking up would make them the whipping boys of the forum...)
Since the hardware mfr and/or the service provider of the device is the one who decides whether or not to 'upgrade' your device with the latest and greatest OS (based heavily on whether or not they want to support multiple s/w versions) MS can't make any money off simply selling their product to the end user. Unlike the PC model of selling you a retail boxed version of a new operating system for your PC.
No money to be made = no money to be lost. Think about it.
All that being said, the most important thing to remember is that they will ACTIVELY shut down any site hosting their software without their permission. If they fail to enforce their copyrights by legal means, it further weakens any argument in future lawsuits regarding others who pirate their software. They will also quickly piss off the likes of t-mobile, cingular, and other service providers if they provide the end-user a means of bypassing their process of certifying the stability of their phones.
They will continue to operate in this way for a long time. They get free beta testing from 'hardcore users' while looking the other way. It's genius if you ask me!
Click to expand...
Click to collapse
Yeah, you might be right. But, aren't they allowing WM6 on the Universal? That may change the equation.
My gut feeling is that one or more of the ROM cookers in here works for M$. You don't know some of the things they do without having a lot more background knowledge than the average joe. There's nothing wrong with that, of course...that means better products for you and me.
I support Texasaggie1
Hi, i would like to support the request. It makes damn sense, I am an old-time Linux user and i think that Microsoft would show great marketing sense in allowing us to test it. I will not argue about the advantages and benefits,
and one simple question: Who would be negatively affected by it? HTC? Microsoft? other users? Network providers?
pzucchel said:
Hi, i would like to support the request. It makes damn sense, I am an old-time Linux user and i think that Microsoft would show great marketing sense in allowing us to test it. I will not argue about the advantages and benefits,
and one simple question: Who would be negatively affected by it? HTC? Microsoft? other users? Network providers?
Click to expand...
Click to collapse
My Thought is NO-ONE. As all we do is RUN these ROMS and Tweak them to perform in the best way that they can. All that everyone does here is readily available and can/could/HAS been adopted by Developers, Networks & Manufacturers alike.
jwzg said:
My gut feeling is that one or more of the ROM cookers in here works for M$. You don't know some of the things they do without having a lot more background knowledge than the average joe. There's nothing wrong with that, of course...that means better products for you and me.
Click to expand...
Click to collapse
I doubt any of the 'cookers' work for Microsoft. Although difficult, it's fairly common to reverse-engineer someone elses code and mold it into something that you want. Once you get the hang of how things work and make the script kiddie tools to do it, it's fairly simple.
One thing that a cooker can't do is write an entire OS then 'leak' it onto the internet and call it WM6, this is done by someone entrusted with copies of it for legitimate purposes. Blame HTC or any of the ODM's if you want, but it my opinion, it would be a waste of your time.
If you want to infect the world, you must spread your disease. MS has come a long way in this regard with the likes of gaining on Palm, RIM, symbian, etc.
Microsoft has always leveraged piracy to work in their favor...those that can't get the disease (or otherwise can't afford it) will have access to it. If you can't make the sale, might as well get them hooked fo' free!
pzucchel said:
and one simple question: Who would be negatively affected by it? HTC? Microsoft? other users? Network providers?
Click to expand...
Click to collapse
Sorry, but I had to chime in on this one, too. Maybe some people don't see it, but we ARE actively beta testing their software.
If you develop software, and want to have beta testing do any good, there needs to be some kind of order. Visiting forums to find information is chaotic at best. Sifting through page after page of hijacked threads and RTFM type questions isn't going to yield the feedback a company needs to squash the bugs out of code. If enough people complain about a particular 'feature' then it might get the company to try and replicate it in-house, but its very unlikely that you'd ever hear anything back from them.
End-users modifying their devices by flashing it with unreleased firmware it wasn't originally designed for is dangerous, and can cause a ripple effect if it's not managed. As long as the company stands by its "hey, we never said this code was finished - not to mention you're not supposed to have it" stance, it can shield them from almost ALL liability in you bricking your phone. In the mean time, hardcore folks like us will continue shoving the bleeding-edge not-ready-ware into our phones in order to tell the tales of our adventures to all that will listen - and MS will continue "leaking" their warez into the wild.
The minute Microsoft starts bending these rules for folks like us, then they are going to have to answer to THEIR customers (HTC, network providers, etc) when the nOObs start flooding their call centers for warranty-return requests.
texasaggie1 said:
Dear Microsoft,
I am writing this letter to ask permission for Xda-developers.com and it's users to officially use, develop, and share the new Wizard WM6 roms on this site. I know that you are currently not allowing us to do so. I believe it is in your best interest to let us. Here is why:
1) User Testing - allowing us to develop and share the WM6 rom for the wizard will open your product to a huge amount of testing. On this site, we don't just use our phones, we push them hard. We love to see the most we can get out of them. We get bored with what we have, so we load a new rom and see what it can do. 3 days later we load another. You will not find a better place on the Internet to test your roms.
Also, it will allow us to test compatibility with new and existing software. This site is already reference material for most software developers and even HTC. In our never-ending search for information about these devices we find things such as tricks to make them better, security holes, and all sorts of information that 3rd party companies can use.
All of this work is done by volunteers who, although they may gripe from time to time, feel a sense of satisfaction for doing this work. You can't buy their level of loyalty.
2) Goodwill - Allowing us to use, develop and share the WM6 rom will create a massive amount of goodwill on this site for your company. Since you are the biggest player in the game, you are currently subject to TONS of criticism everywhere you turn. People usually see you as this huge faceless corporation that wants to control people and take their money. I read the blogs of Microsoft employees and know this is really not the case. Allowing us to work on this rom openly will create goodwill that no ad campaign can buy.
3) Money - The bottom line is that you will save money. Money that might be spent on research will be saved by free research on this site. Money spent on ads to generate goodwill will be saved by the goodwill generated on this site.
I appreciate your consideration of this matter. Please let us know of your decision.
Sincerely,
texasaggie1
Click to expand...
Click to collapse
Totally agreed texasaggie1 said but dont forget in all devices rom ,MS just part of 70% of rom others 30% belong to HTC,T-mobile...etc, the reason we need to cook rom in here not really problem belong to MS that belong to HTC,
MS understand HTC was first OEM used Mobile window,but MS can understand why we need to cook rom in here ? do you hear anyone cook Window XP ? MS must understand device rom is different with Window XP,MS just proved PB and AKU ,device also need driver and some of OEM program otherwide device(phone) will not working,you can see in rom kithen had OS/LOC/OEM , SO belong to MS,LOC/OEM belong to HTC,T-Mobile..etc. this is different with window XP,if today all rom made by MS than no one can said anything,but not in this case ,we in here not only help MS also help HTC,T-Mobile...etc. too, they got how many free employees to worked with them,now Apple will come out IPhone ,I dont think MS want to lose market to them,we in here 100% support to MS , I dont understand what piont they refuse us ?
BA_Flash_GOD said:
I would be very suprised if they gave this consideration, they will wait for the 'next gen' devices up to come to release it on in my opinion.
Besides we must face it, most people that are using these phones these days do not flash their device, nonetheless, know what it is.
We are the few flashing samurai that cannot live with a stock rom, and want to "juice" our hardware to get our money's worth. \m/
I will say If you live in the US now you will see that parents are buying their teenage kiddies smartphones/ppcs now for a couple reasons. 1) To ward off an appl music/video product, and of course. 2) To be able to reach them anywhere with the phone service.
It would have been funny to say that most people on this site are using/have used the wm6 leak already, so we might as well work together for free, for a learning purpose.
Click to expand...
Click to collapse
I agree. Good reply.
I know all of this is a long shot. But it's been bugging me lately. I had to post this letter.
Flashing/Testing New OS = Good Experience
I think M$ should show more of the average users that yes, you can upgrade/downgrade your current rom very easily. This would let all users have the option to use any individual one to meet their needs. I'm guessing another big issue would be CID locking though, wouldn't that be another breech of contract for M$ to the original phone service providers? What you guys think
BA_Flash_GOD said:
I think M$ should show more of the average users that yes, you can upgrade/downgrade your current rom very easily. This would let all users have the option to use any individual one to meet their needs. I'm guessing another big issue would be CID locking though, wouldn't that be another breech of contract for M$ to the original phone service providers? What you guys think
Click to expand...
Click to collapse
I am sorry, please don't take this the wrong way. But this is one of the silliest ideas I have seen in a long time. Think for a moment about the support headaches from even 20% of their users playing with ROMS versus the 2-3% that do it now. And you think some of the NOOBS on here get annoying forget about regular users!!!
I think things are about perfect the way they are. A little "unofficial" help lets us hardcore users reap the benefits of upgrading with out the hassles. Trust me if ROM upgrades became more official they would kill groups like this. They would charge for the upgrades and they would want to control them like they do desktop OS upgrades. I say no thanks to that. It's like the early days of Napster, or more recently You Tube taking down tons of videos, those things were much better before they became mainstream and then they had to change.
I will say this. MS should figure out how to make the CID & SIM Lock a separate part of the rom like the radio and bootloader, make it totally separate from the Rom & Extended Rom itself. That would allow tweakers to change roms with out worrying about Locks and would make the phone companies happy too. And I am sure users that need unlocking would figure that out too
BA_Flash_GOD said:
I think M$ should show more of the average users that yes, you can upgrade/downgrade your current rom very easily. This would let all users have the option to use any individual one to meet their needs. I'm guessing another big issue would be CID locking though, wouldn't that be another breech of contract for M$ to the original phone service providers? What you guys think
Click to expand...
Click to collapse
anyone who wants to can use google. I seriously do not think that its neccesary to let the world know. they could know... if they wanted to. Bad idea imho.
rizzo said:
Sorry, but I had to chime in on this one, too. Maybe some people don't see it, but we ARE actively beta testing their software.
If you develop software, and want to have beta testing do any good, there needs to be some kind of order. Visiting forums to find information is chaotic at best. Sifting through page after page of hijacked threads and RTFM type questions isn't going to yield the feedback a company needs to squash the bugs out of code. If enough people complain about a particular 'feature' then it might get the company to try and replicate it in-house, but its very unlikely that you'd ever hear anything back from them.
End-users modifying their devices by flashing it with unreleased firmware it wasn't originally designed for is dangerous, and can cause a ripple effect if it's not managed. As long as the company stands by its "hey, we never said this code was finished - not to mention you're not supposed to have it" stance, it can shield them from almost ALL liability in you bricking your phone. In the mean time, hardcore folks like us will continue shoving the bleeding-edge not-ready-ware into our phones in order to tell the tales of our adventures to all that will listen - and MS will continue "leaking" their warez into the wild.
The minute Microsoft starts bending these rules for folks like us, then they are going to have to answer to THEIR customers (HTC, network providers, etc) when the nOObs start flooding their call centers for warranty-return requests.
Click to expand...
Click to collapse
I'm sorry but I have to side with rizzo on this one. They will never officially come out and allow this because they can't. You are asking them to agree to a. Code leaking, b. Code theft, c. Software Piracy in a sense (since you have to not acquired a legal copy and have not paid licenses for it), d. Copyright infringement. What company in their right mind say yes to this and open up the flood gates? And like rizzo said allow them to be liable for consumer or partner lawsuits as well?
As much as I agree with the original heartfelt post, we say what we say for argument's sake. They have already responded numerous times by allowing this and turning a blind eye. Every now and then they complain, either because we did step on some toes or because they officially have to say this is not allowed. If they really tried, they could cause some serious legal trouble. They choose not to, for a all the reasons mentioned in the original post.
So don't ask the impossible. Don't expect windows to become an open source application or windows mobile to release official betas to the public (not for sometime anyway). Pigs just don't fly sorry.
I have to agree with Rizzo. Besides, Microsoft won't spend resources on releasing ROMs for old devices, giving them for free to users and then having no way to recover some of the investment, because the Wizard is being phased out. It doesn't make sense.
However Microsoft can open a program for betatesting their ROMs, that is completely possible. A program that involves registering every user that gets the ROM, once we agree not to ask for support and all the legal stuff. And provide the means to keep track of bug reporst, etc. But still if you want to beta test something, you want to do it on the device where it's intended to be used the final release, and I don't think our Wizards are going to get an official WM 6 upgrade.
It's a long shot
igalan said:
I have to agree with Rizzo. Besides, Microsoft won't spend resources on releasing ROMs for old devices, giving them for free to users and then having no way to recover some of the investment, because the Wizard is being phased out. It doesn't make sense.
However Microsoft can open a program for betatesting their ROMs, that is completely possible. A program that involves registering every user that gets the ROM, once we agree not to ask for support and all the legal stuff. And provide the means to keep track of bug reporst, etc. But still if you want to beta test something, you want to do it on the device where it's intended to be used the final release, and I don't think our Wizards are going to get an official WM 6 upgrade.
Click to expand...
Click to collapse
It's a long shot, but they do allow WM6 in the Universal thread. Maybe they will for us. Maybe we try again to post WM6 roms in a few weeks and see what happens??

File Sharing

Does anyone know of any file sharing programs which can be used on the AT&T tilt / Dutty's ROM v3 final? Something like limewire mobile? lol I know of WinMobile Torrent but thats not exactly what I am needing. Any ideas?
Thanks in Advance!
bump for information...
I don't think 24 hours required a bump.
This board has openly stated in various places that it will not tolerate warez, therfore by you posting a request for warez sharing software on your PPC is not going to be warmly welcomed.
I know that there are legitimate uses for p2p systems, but the majority of it is not. Besides, I don't think most PDAs have the capacity do they!?
Elwyn M3100 said:
I don't think 24 hours required a bump.
This board has openly stated in various places that it will not tolerate warez, therfore by you posting a request for warez sharing software on your PPC is not going to be warmly welcomed.
I know that there are legitimate uses for p2p systems, but the majority of it is not. Besides, I don't think most PDAs have the capacity do they!?
Click to expand...
Click to collapse
In response to your comment - I don't mean to be rude but was it really necessary? My question was regarding a P2P File sharing program for the pocket PC - thats it. I didn't ask for a "program to download warez" material, I didn't ask for something to share illegal porn, I didn't ask for anything illegal. As you mentioned - yes, there are a lot of legitimate uses of a P2P file sharing program, and thats exactly what I intend to use it for. I just felt it to be a little insulting that you felt it so necessary to discipline me for an act which required no actions. In conclusion - we are all here for the same reason; which is to help each other with Apps, flashing new ROM's, and to diagnose problems. Although I am very new here - I have gained and learned a lot from it - however, one very important thing i have learned is if someones actions are out of line or a post needs to be removed; a "moderator" will step in and control the situation.
Elwyn M3100 said:
I don't think 24 hours required a bump.
This board has openly stated in various places that it will not tolerate warez, therfore by you posting a request for warez sharing software on your PPC is not going to be warmly welcomed.
I know that there are legitimate uses for p2p systems, but the majority of it is not. Besides, I don't think most PDAs have the capacity do they!?
Click to expand...
Click to collapse
I don't think p2p necessarily means warez - after all, IIRC, even Pocket PC Thoughts or AximSite frontpaged a p2p software review / announcement some one or two years ago...
Elwyn M3100 said:
I don't think 24 hours required a bump.
This board has openly stated in various places that it will not tolerate warez, therfore by you posting a request for warez sharing software on your PPC is not going to be warmly welcomed.
I know that there are legitimate uses for p2p systems, but the majority of it is not. Besides, I don't think most PDAs have the capacity do they!?
Click to expand...
Click to collapse
You must live by the mantras of RIAA and MPAA, bad boy bad boy! *spanks*. You wouldn't call a person owning a car, a gun, an axe or a knitting needle a murderer just because the person has in his/her posession something that can be used to commit crimes. Heck, the main cause of criminal activities is our human brains, full of lust, desire, madness and irrational thoughts. BAN BRAINS!
I suggest you load up your favorite P2P application and download the completely free movie, "Steal This Film" 1 and 2 for some information and input on the general concept of sharing information and its groundbreaking role in developing our human communities from sticks 'n stones to p0rn and the Internet. Very interesting and a taste of "the other" side in this everlasting debate.
/Mac
Aside from the current discussion....Does anyone know of a good P2P file sharing program for the Pocket PC? LOL
I use WMTORRENT very beautiful and fast
Ciao
do you need to buy it. If you use the unregistered version will it still work and what are the limitations ??
what i do is use Remote desktop to log into my home computer start the downloading process, then use total commander to access my computer through ftp and load it to my phone that way i don't have to keep my phone on while its downloading from the torrent.
wow seems complicated..
anyhow i dont leave my home computer on all the time..
senario.. Im away from home for a week doing night shifts.
I downloaded a wmtorrent cab installed but have not cracked the program.
I'm trying to download a tv program.
It seems to be working just wondered if it will let me complete.play the file if its unregistered ?
I have been looking myself and haven't found much other than WinMobile Torrent. Instead I plan on trying the iPhone interface for uTorrent. I have used the original web interface before and its been quite reliable. Its quite nice to start tv show downloads while away from the house. My plan is to start them from my phone and have them go into a folder monitored by Orb to stream them to my phone.
http://www.davidraso.com/utorrent-iphone/
http://www.orb.com
Be careful...
If this thread turns into a conversation about WAREZ it will be closed.
Remember, we are walking afine line so we do have to be careful and considerate of other members here.
Old thread, but here's a working freeware Gnutella app for Windows Mobile.
http://forum.xda-developers.com/showthread.php?t=359754
I had no idea gnutella is still working! Thx for links
I'm using wmTorrent and wmFTP server on my Kaiser (EOS4.888.FIRE rom) all work perfect, but i only turn on ftp when needed.
You know keeping bluetooth share open may give you some unexpected results in public places... I got plenty music files, some videos, few ebooks and others lol people love to share in general

How's it legal?

I have seen people post on here comments that something is warez and warez is not tolerated on this site. For example, the maps needed for TomTom. So my question as mentioned in the title, how's it legal to rip roms from other devices and modify them to work on all devices? Or if it is not legal, why is it tolerated where warez is not?
Thanks
Yeah, there's a line there somewhere. I think.
Just depends if the moderators are interested in the software or not.......
atilt said:
I have seen people post on here comments that something is warez and warez is not tolerated on this site. For example, the maps needed for TomTom. So my question as mentioned in the title, how's it legal to rip roms from other devices and modify them to work on all devices? Or if it is not legal, why is it tolerated where warez is not?
Thanks
Click to expand...
Click to collapse
AFAIK there is a kind of morality behind it - if you can buy the software, and you are using it for free, its considered Warez.
If you cant buy the software then its considered that you are not taking food from anyone's mouth, and its tolerated.
Of course you could say you are reducing the competitive advantage of the other devices e.g. taking Omnia's widgets and moving it to a HTC Touch Diamond, and thats when things get messy, but I think this is generally how its seen and how it works.
Surur
If it's HTC software and you're using it for an HTC phone, it's asssumed that it's licensed for use on your device and acceptable. A bit of a stretch, but HTC has never, to my knowledge, requested that files be removed from XDA-Devs servers, so there seems to be tacit permission or simply active non-enforcement.
Same for AT&T appz &c if it's an AT&T phone or you're using their service, I suppose (likewise for other carriers and their apps).
If a software being distributed is a redistribution of a freeware (which should have allowed for redistribution in the freeware license), it's acceptable. As well, sharewares should not come preregistered or with serials or any means to circumvent proper registration and doing so or requesting such things gets posts deleted and accounts banned.
So that applies to non-OS/OEM/Carrier apps distributed in ROMs.
Because of various reasons (e.g. the fact that WinMo never really took off as much as Bill & Co. would have liked, and because OEMs and carriers don't want to spend money to license and prepare distributions of the WinMo OS thereby making customers less likely to invest in soon-to-be-obsolete devices, and I like to think a bit of respect for the hackers who manage to port and distro better ROMs than the carriers and OEMs), Bill & Co have decided not to send their anti-piracy witch hunters after WinMo ROMs. It is actively NOT enforced. (Different meaning from 'not actively enforced' and that's intentional.)
Because of the greyness in this area you will notice that no MS products are hosted on XDA-Dev servers.
However, to allay any fears on your part, if your OEM or carrier has provided version n of an OS, or released a free upgrade, or you have paid for a ROm upgrade for your phone's model, your hardware is licensed to use that version.
So, if you are truly worried about breaching laws that aren't, in fact, being enforced, do not upgrade to an OS version not distributed by your carrier/OEM or that has not been licensed as free.
I personally think that while the developer of WinMo turns one eye blind to these activities, the porting of WinMo versions to different hardwares is something they keep their other eye on closely as it's to their advantage and an area of activity and innovation that they probably exploit. Because they aren't stupid.
Does that make things clearer for anyone?
P.S.
I should disclose that I am not, in fact, qualified as a legal counsellor or a lawyer. I only play one on TV.
;-)
IIRC, the thought is "If the software is offered already in the shipped ROM, it's paid for and OK. As long as that ROM is ported in whole to another device." I believe the mods look down upon pulling 3rd party software from ROM's to use in another ROM that the software was not originally offered.
I believe that's the general consensus, though I may be wrong.
from legal stand point. nothing that is done here is considered as stealing. Consider this , you use linux an open source format. you can modify to accomdate your needs. which these tools are suppled from the linux distributer. Or it is like adding speakers and a good radio to your new car how ever you want to look at it.
atilt said:
I have seen people post on here comments that something is warez and warez is not tolerated on this site. For example, the maps needed for TomTom. So my question as mentioned in the title, how's it legal to rip roms from other devices and modify them to work on all devices? Or if it is not legal, why is it tolerated where warez is not?
Thanks
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if the software can be ripped out of a stock rom from AT&T, etc, then it can be shared here. If it is software you must buy, like the maps for tomtom, then you cannot post them here. You can rip the tomtom software from an AT&T rom, so it's posted here. You must buy the maps, so they're not. Does that help a little?
91004 said:
Just depends if the moderators are interested in the software or not.......
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it's really unfortunate that this is your first post. Not a good tone to start with.
scotchua said:
it's really unfortunate that this is your first post. Not a good tone to start with.
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hello, just my opinion scotchua, but when it first read 91004 post and then the "smile" or grin posted, it made me laugh. had he not posted a "smile" or had he instead used this symbol "" ie sarcastic, then i think it would have been inappropriate. again just my opionion and i do value all the time you have invested here at XDA-Developers,
@91004 , welcome to XDA-Developers, this place is addicting and it rocks
thanks
Lupe
scotchua said:
it's really unfortunate that this is your first post. Not a good tone to start with.
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Click to collapse
First;
That was my first POST on here, not my first in life..... I'm not going to argue your point, other to state that I disagree with your position. I just happen to be a lurker more than anything else. I'm not here to start trouble and after being in the computer engineering field for 27 years I think I know a thing or two....
I was making a joke.... (See the Smiley faces?) Get it now?
Thank You Very Much
by owning a device that the ROM's are compatible with, you've already paid a license fee to M$ in a sense.
So, Downloading updated/patched/ported versions of the same product is allowed -- you already have a license.
If you post GameShoe#124 - well... everyone here is not ensured to have a license for the game. If the game is not a trial/freeware program, or otherwise checking to ensure you paid for the license to use it (such as a key).. then you're distributing content that is not owned or licensed & available to you.
BBM-Lee said:
by owning a device that the ROM's are compatible with, you've already paid a license fee to M$ in a sense.
So, Downloading updated/patched/ported versions of the same product is allowed -- you already have a license.
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Click to collapse
Well, here's something to think about then: I could get a number of WM 6.1 ROMs as an upgrade to my WM 6 Kaiser but checking HTC's official site, there are no upgrades offered for my IMEI #. If we go strictly by the rules, the availability of WM 6.1 for me could be considered warez. On the other hand, tolerating this kind of relatively harmless behavior would certainly boost an OS's popularity.
In fact, one of the main reasons for my choosing HTC WM was the availability of these great number of ROMs, migrating from UIQ3.
There is a fine line, my definition would be: as long as the specific post does not have a negative financial impact on sales, it should be allowed.
91004 said:
First;
That was my first POST on here, not my first in life..... I'm not going to argue your point, other to state that I disagree with your position. I just happen to be a lurker more than anything else. I'm not here to start trouble and after being in the computer engineering field for 27 years I think I know a thing or two....
I was making a joke.... (See the Smiley faces?) Get it now?
Thank You Very Much
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Click to collapse
My point is simply that it was unfortunate that your first post is to get a dig in on the moderators' objectivity. When you know how much people complain about them and to them for doing a mostly thankless job, which they get no compensation for i might add, you'll understand why I don't think those type of comments are funny. I definitely understand that not all jokes are taken in the light in which they were intended; however, some jokes are best left unsaid. I certainly won't hold it against you as, just like you, i'm merely sharing my opinion.
BBM-Lee said:
by owning a device that the ROM's are compatible with, you've already paid a license fee to M$ in a sense.
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Click to collapse
No, you haven't. The device was licensed for use with the M$ product by the OEM. That license is restricted to a specific version, or versions on specific hardware
When the OEM or Carrier licenses an OS or an OS update that they are allowed to distribute, there is still an End User Licensing Agreement, and people have to read them to know what is allowed.
When one of our amazing XDA chefs cooks up a ROM or a new OS or a significant OS update and you install it on a device for which distribution was not licensed, this is warez. Read the EULA if in doubt.
Again, that's why XDA doesn't actually host those ROMs. Maybe official ROMs, but not hacked/ported ROMs.
However, it is currently an M$ policy to not enforce what is essentially warez distribution of the Win-Mobile OS. So I wouldn't worry about getting arrested or sued for installing one of these ROMs.
If M$ does decide to enforce, they don't go after the end users but the people distributing. So, end users, relax.
If you feel ethically bound to comply with EULAs and copyright laws, then you need to not use cooked ROMs that your device isn't licensed for or that the EULA doesn't permit you to use.
If you feel that laws that aren't enforced, or are unenforceable, are non-effective or lapsed, then you should do as your conscience directs you to do and be sure to stand up for yourself in court if lleh freezes over and M$ decides to enforce (and please do blog about it, I'll paypal you $5 bucks for your defence fund).
If you're a red-blooded rum-sodden pirate, you should say "Aaargh!" and do what you're going to do because you'd do it anyway.
Just please respect XDA Dev's policies whatever you choose to do and don't mess up a good thing.
BTW:
There is a policy listed in the site Rules or FAQ, so just read that and if you don't like it, don't leave angry, but please leave.
If you don't understand legal aspects and want to ask about it, PM the mods or admins and ask respectfully.
You can even PM me, but I cannot speak for XDA, I can only explain some legal basics and even then, my knowledge is based more in constitutional and criminal law.
I do think that threads like these call attention to the topic and it's best not to stir the pot, or rock the boat (pick your own metaphor of choice) and call the wrong kind of attention to the issues.
I'd like to see this thread closed down.
Exitao said:
...snip...
... don't leave angry, but please leave.
...snip...
I'd like to see this thread closed down.
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Click to collapse
HEY! That's my line.
Your Wish Is Granted.
Thread Closed The Answer Has been given in this thread.
@91004, Honestly I laughed at your joke too.
I'll close the thread then
Dave
DaveShaw said:
I'll close the thread then
Dave
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D'oh! Message to the Kids: Don't drink and Moderate.

Answering some pertinent legal questions.

Here at the Dream section of XDA forums, we get up to a lot of shenanigans, and believe we can put pretty much anything we want on our phones. While it's mostly true, it's not necessarily so. Due to recent developments over a small theming SNAFU with Palm, Inc (sorry palm, I don't have a rights reserved key on my keyboard), it is my intention to try and explain what exactly is "copyright infringement" and what constitutes "fair use" (IE the company can't do anything about it). In case you are wondering, as a law student and a long term member of the Free Software Foundation, and an avid reader of law journals, I feel at least a tiny bit qualified to de-mystify the situation
First though, a brief legal note. By product, I mean ANYTHING that a individual or company has created and copyrighted. This could be as small as an image, hell, ONE TEXT FILE OR EVEN THEIR NAME! Do not get slapped with a huge fine because you think that changing a thing a little bit will make it okay.
So now, on to the explanations.
So first, things that ARE DEFINITELY COPYRIGHT INFRINGEMENT:
1. Selling an exact copy of somebody else's product under your name for money.
2. Giving away an exact copy of somebody else's product under your name for free.
3. Selling an exact copy of somebody else's product under their name for money.
4. Giving away an exact copy of somebody else's product under their name for free.
5. Using a company's trademark improperly or without their consent.
Note that until a cease an desist order is filed BY A LAW OFFICE you have not been accused of copyright infringement. Also note that being accused is not the same as being convicted. If you are accused of copyright infringement for something that is not such, file an injunction against the company, or charge them with harassment. Just because they say that they are in the right does not mean that they are.
Now, some things that are probably NOT copyright infringment:
1. Basing a theme off of the look of somebody else's OS (Fair use parody clause) (NOTE: this is what we do when we make an iPhone or Palm or WM theme)
2. Basing an application off of the idea of somebody else's application without using their code (Fair use parody clause)
3. Using somebody else's code PURELY for non-profit research (Fair use research clause) (NOTE: this is what we do when we use the hero framework)
4. Using somebody's trademark or copyright for the purpose of reporting, criticizing, evaluating, or otherwise speaking about a product from a non-partial, non-income-garnering standpoint. (Also the fair use act)
5. Basing any image or theme or OS or app off of the "look" of another thing of the same or different type (Fair use parody clause)
6. Basing any image or theme or OS or app off of the "function" of another thing of the same or different type (Fair use parody clause) (NOTE: this does not take into account applicable patents. While I think software patents are retarded, and innefectually progress stifling, they do exist. If someone big charges you with a patent violation SEEK LEGAL AID)
I've only really touched the tip of the iceberg, if you want a better idea, look at these links.
US fair use act
Bitlaw on the fair use act
If you want to see the illegal BS that companies sometimes SAY is what your rights are, look here:
http://www.palm.com
/us/company/trademark.html
If you have more questions, please just ask.
Good write up. F' em
supremeteam256 said:
Good write up. F' em
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Yeah, it's just unfortunate that I can't put this up in theme's and development. They're the people that really need the info right now.

[REQUEST] Beta Update Etiquette

So, some of you may have received an email requesting you fill out a short survey for a chance to be included in the beta test for the upcoming AT&T Atrix firmware update. I implore you to read this message and at least consider it.
I write this as a request to the members of the XDA community to be respectful to Motorola. Frankly, I was absolutely embarrassed to be a member of this community with how many of you handled the last beta test. Posting confidential information, breaking the NDA, posting restricted tools on the Motorola forum itself? It doesn't matter what "morals" you decide you want to follow, take it somewhere else please. That kind of behavior does nothing but HINDER our cause. If I was Motorola, and I looked at how my end users reacted to something they agreed to uphold, I wouldn't want to give them anything further. Play by the rules. You don't have to agree with them, and if you don't like them, you're free to protest, but do so within the CURRENT rules and laws. File a complaint, write a petition, picket outside Motorola's HQ, but please:
Don't break NDA.
Don't post restricted files.
Don't yell and scream and swear at Motorola.
You do nothing but make us look like fools when you do these things.
This thread is not meant to open discussion. This thread is not meant to start a flame war. This thread is my personal request to the members of the XDA community as one of the few developers actually working on the platform right now: Please be civil, and please be mature.
Thank you.
-Ririal (aka Fenrir)
I see where you're coming from, but I reserve the right to yell and cuss at whomever I want. ;-)
Sent from my MB860 using Tapatalk
Ririal said:
So, some of you may have received an email requesting you fill out a short survey for a chance to be included in the beta test for the upcoming AT&T Atrix firmware update. I implore you to read this message and at least consider it.
I write this as a request to the members of the XDA community to be respectful to Motorola. Frankly, I was absolutely embarrassed to be a member of this community with how many of you handled the last beta test. Posting confidential information, breaking the NDA, posting restricted tools on the Motorola forum itself? It doesn't matter what "morals" you decide you want to follow, take it somewhere else please. That kind of behavior does nothing but HINDER our cause. If I was Motorola, and I looked at how my end users reacted to something they agreed to uphold, I wouldn't want to give them anything further. Play by the rules. You don't have to agree with them, and if you don't like them, you're free to protest, but do so within the CURRENT rules and laws. File a complaint, write a petition, picket outside Motorola's HQ, but please:
Don't break NDA.
Don't post restricted files.
Don't yell and scream and swear at Motorola.
You do nothing but make us look like fools when you do these things.
This thread is not meant to open discussion. This thread is not meant to start a flame war. This thread is my personal request to the members of the XDA community as one of the few developers actually working on the platform right now: Please be civil, and please be mature.
Thank you.
-Ririal (aka Fenrir)
(p.s. to moderators, if you feel I'm out of line, you may remove this thread at any point.)
Click to expand...
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Thanks so much for posting this... i felt the exact same way
+100 (to Ririal's OP, not the clown who posted right before me)
Sent from my MB860 using XDA App
basically, dont bring xda into it.
mafiaboy01 said:
Well I'm not worried about moto doing anything to me, they'll come after me as fast as there getting the bootloader unlocked.
Bite me
Sent from Motorola Atrix on TELUS.
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Its people like you that ruin the hard work others put into this and other issues we may have with companies. He didnt mention anything about them coming after one of us or any of us for that matter he simply asked us to not break NDA (something that is Legally speaking far more dangerous than you take for granted) and also to not make our community (that is to say the developer community) look like complete loser's. who would honestly want to help someone who is constantly screaming and cursing at them? I know i wouldn't and I say that from COMPLETE Experience seeing as thats EXACTLY what I do on a daily basis and I constantly make people do the harder work if they are yelling at me. so why not just get your head out of your butt and act a bit more mature about the OP and maybe be more respectful.
To the moderators,
I apologize as I know this is attacking a specific person and that is not usually something that is allowed. But people like this need to realize just the potential they hold for possibly taking down something as great as these forums. If you feel that you need to remove my post please do so, but I ask that in this case you may let me know so that I realize just how strict on these rules you may be.
caderon said:
Its people like you that ruin the hard work others put into this and other issues we may have with companies. He didnt mention anything about them coming after one of us or any of us for that matter he simply asked us to not break NDA (something that is Legally speaking far more dangerous than you take for granted) and also to not make our community (that is to say the developer community) look like complete loser's. who would honestly want to help someone who is constantly screaming and cursing at them? I know i wouldn't and I say that from COMPLETE Experience seeing as thats EXACTLY what I do on a daily basis and I constantly make people do the harder work if they are yelling at me. so why not just get your head out of your butt and act a bit more mature about the OP and maybe be more respectful.
To the moderators,
I apologize as I know this is attacking a specific person and that is not usually something that is allowed. But people like this need to realize just the potential they hold for possibly taking down something as great as these forums. If you feel that you need to remove my post please do so, but I ask that in this case you may let me know so that I realize just how strict on these rules you may be.
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Happy ?
Sent from Motorola Atrix on TELUS.
+1 fully agree with OP. Posting elements of the update will get poster in trouble and could get XDA in trouble. Also behave like a civilized person yelling and screaming as a child got you nothing and it'll do nothing now... just my 2 cents
Sent from my MB860 using XDA Premium App
I have to laugh a little at this post. While I think the post has the best of intentions, this entire community is in the "business" of violating user agreements --the development sub-forum, in particular. Now, before you say that by rooting devices, you are only voiding your warranty, Motorola (Apple, Samsung, or just about any other vendor) would claim that XDA is violating their intellectual property. This is why people receive the C&D letters when sbf's and the like are posted.
Fortunately, the Library of Congress has explicitly ruled that these activities essentially fall under the fair use clauses of copyright law (http://www.copyright.gov/fedreg/2010/75fr43825.pdf). While this has yet to be thoroughly tested in the courts, as long as xda's activities remain non-commercial, Motorola would likely lose a legal battle trying to close down such activities. So, their only substantial alternative is to void your warranty.
I think comments like "Play by the rules. You don't have to agree with them, and if you don't like them, you're free to protest, but do so within the CURRENT rules and laws. File a complaint, write a petition, picket outside Motorola's HQ" are a bit of the pot calling the kettle black. Why can't you make those exact arguments when it comes to rooting your device?
These activities are legal, you are only voiding the contract you made with Motorola when you post items covered under an NDA. This is not illegal. This group of developers dedicates itself to violating contracts with Motorola and AT&T left and right. Why does this especially cross a line?
I do agree that people don't need to get nasty and go off on rants, but don't confuse rooting and related activities with something illegal.
decoyd said:
I have to laugh a little at this post. While I think the post has the best of intentions, this entire community is in the "business" of violating user agreements --the development sub-forum, in particular. Now, before you say that by rooting devices, you are only voiding your warranty, Motorola (Apple, Samsung, or just about any other vendor) would claim that XDA is violating their intellectual property. This is why people receive the C&D letters when sbf's and the like are posted.
Fortunately, the Library of Congress has explicitly ruled that these activities essentially fall under the fair use clauses of copyright law (http://www.copyright.gov/fedreg/2010/75fr43825.pdf). While this has yet to be thoroughly tested in the courts, as long as xda's activities remain non-commercial, Motorola would likely lose a legal battle trying to close down such activities. So, their only substantial alternative is to void your warranty.
I think comments like "Play by the rules. You don't have to agree with them, and if you don't like them, you're free to protest, but do so within the CURRENT rules and laws. File a complaint, write a petition, picket outside Motorola's HQ" are a bit of the pot calling the kettle black. Why can't you make those exact arguments when it comes to rooting your device?
These activities are legal, you are only voiding the contract you made with Motorola when you post items covered under an NDA. This is not illegal. This group of developers dedicates itself to violating contracts with Motorola and AT&T left and right. Why does this especially cross a line?
I do agree that people don't need to get nasty and go off on rants, but don't confuse rooting and related activities with something illegal.
Click to expand...
Click to collapse
You're not understanding what he's saying.
He's telling people who sign up for Moto's beta test, to actually follow the NDA (non-disclosure agreement), and not post the update.zip files that we are supplied as beta testers. It is against the agreement we make with Moto when we sign up and accept the beta test update. That has NOTHING to do with rooting your phone or modifying your files on your phone.
Example: I get the update, immediately pull the .zip off my internal SD card and throw it on Megaupload and post the link for everyone to have.
Doing that basically tells Motorola "F you and your beta testing", and shows that we have no intentions of working with them. All that will do is stop them from trying to work with us (and even if you don't think they are because they're not giving us the golden keys to their phone, they are still trying to work with us as a consumer in the fullest capacity they can as a commercial company).
We can have the situation where we get zero testing to updates until they're released, or even worse ZERO updates because Motorola no longer feels the consumer has any desire to work with them, or we can have a synergistic relationship going to the extent that both parties can get at least some part of their way.
Having them unlock the bootloader for us is honestly IMO never going to happen. NO phone company is doing this, so it's silly to think they will or that we deserve it. Devs are the ones who unlock or bypass bootloaders and all our Android phones; devs will find a way, a 3rd party will find a way, but Motorola has zero interest in doing that for us and to think otherwise is foolish. So what they DO give us, may help other people to figure it out and crack it themselves. But we need things to work both ways, with Moto giving a little room for us to update our software and continue on with Android's progress.
To correct some misunderstandings: You have the right to jailbreak your device, but you do not have the right to posses or share someones intellectual property without permission, or break NDA.
Agree and disagree with op. Agree because we should not be breaking such an agreement. Disagree because such an agreement should not exist in the first place.
Sent from my Atrix using XDA Premium App.
dLo GSR said:
It is against the agreement we make with Moto when we sign up and accept the beta test update. That has NOTHING to do with rooting your phone or modifying your files on your phone.
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(1) You violate (or at least I do) agreements with Motorola all the time. Why is this time different?
(2) This has EVERYTHING to do with root. The whole reason people do this is to keep phones unlocked/rooted.
dLo GSR said:
Doing that basically tells Motorola "F you and your beta testing", and shows that we have no intentions of working with them.
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Click to collapse
(3) False. If we were given a way to obtain root or have an unlocked bootloader through official channels, you can make this argument. As the situation is quite the opposite, I don't see how this is a valid conclusion.
dLo GSR said:
All that will do is stop them from trying to work with us
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Click to collapse
(4) I'm honestly baffled by this statement.
Saying that these activities is going to push Motorola to provide "ZERO" updates is ludicrous. Could it encourage them to not offer betas before release? Maybe, but I doubt it. They need feedback.
In the end, I just reiterate: Why draw the line at posting files from betas? SBFs are posted all the time. We violate our agreements all the time, so what's so different this time?
knigitz said:
To correct some misunderstandings: You have the right to jailbreak your device, but you do not have the right to posses or share someones intellectual property without permission, or break NDA.
Click to expand...
Click to collapse
False. The point is that jailbreaking is legal, and if you read the LoC ruling I posted, you'll see that the related activities of distributing their software (e.g. sbf's) is NOT a violation of their IP. Just like using clips from a copyrighted movie in a documentary without permission is not a violation of copyright. NDAs are no different than the EULAs which are violated left and right. What's the big difference between everyone happily violating their user agreements with Motorola and AT&T but somehow the NDA is now sacrosanct.
Added links: http://www.copyright.gov/1201/docs/2006_statement.html and http://www.copyright.gov/fedreg/2006/71fr68472.html
I'd tend to agree with the OP ..
Stuff will leak, and the fact is we're all looking to get the next new thing / enhancement, but we should all demonstrate a little discretion if not for any other reason than to be practical ... The more blatant (some of the stuff on the mot forum bordered on ridiculous) the more likely the vendors will shift even more effort and resources to locking things down.
All imho, which when I last checked we're all entitled to
decoyd said:
(1) You violate (or at least I do) agreements with Motorola all the time. Why is this time different?
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Click to collapse
Because this one isn't an implicit I-opened-the-product-box, you signed up as a beta tester, which is not a given privilege as a consumer. This is an OPT-IN test opportunity. Probably 98% of the people with the Atrix do not participate in this beta test. Like you said, we're allowed to root/jailbreak our phones technically because of the LoC ruling. That does not make you immune to breaking an NDA. Don't be ignorant. I have seen people sued and prosecuted for breaking NDAs, especially in my line of work.
I got the beta update, and I tried it, gave my feedback, and went back to 1.2.6. When someone figured out how to do root and they released the update ALL OF FIVE DAYS LATER, I updated. I do not believe that releasing the update to the masses in any way helped to re-gain root access for 4.1.57.
decoyd said:
(2) This has EVERYTHING to do with root. The whole reason people do this is to keep phones unlocked/rooted.
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Click to collapse
While that may be true, and rooting in itself is not wrong, the process to get it by releasing a company's IP is. Geohot lost on this one with Sony. If you want the damn beta update so bad, then SIGN UP FOR IT. If you're so committed to finding root and unlocking our bootloader, THEN PARTICIPIATE in the beta. None of that requires you to break the NDA.
decoyd said:
(3) False. If we were given a way to obtain root or have an unlocked bootloader through official channels, you can make this argument. As the situation is quite the opposite, I don't see how this is a valid conclusion.
Click to expand...
Click to collapse
You're right. Biting the hand that feeds you is a way better solution to getting what you want.
decoyd said:
(4) I'm honestly baffled by this statement.
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Click to collapse
What, you don't understand common logic?
decoyd said:
Saying that these activities is going to push Motorola to provide "ZERO" updates is ludicrous. Could it encourage them to not offer betas before release? Maybe, but I doubt it. They need feedback.
Click to expand...
Click to collapse
They don't need feedback from us. They can easily throw together a small focus group or do in-house testing or carrier testing that doesn't include us. Most companies work that way. We were fortunate to have Moto decide to include the general public.
decoyd said:
In the end, I just reiterate: Why draw the line at posting files from betas? SBFs are posted all the time. We violate our agreements all the time, so what's so different this time?
Click to expand...
Click to collapse
You're opting in for this test. If you can't handle the rules and regulations, then don't do it and just wait and whine until the actual update is released. I can't remember anyone complaining of signing up for the Beta and not getting in, so if you want the damn file, then sign up and get to work.
And thank you for ignoring about 50% of my post.
decoyd said:
I have to laugh a little at this post. While I think the post has the best of intentions, this entire community is in the "business" of violating user agreements --the development sub-forum, in particular. Now, before you say that by rooting devices, you are only voiding your warranty, Motorola (Apple, Samsung, or just about any other vendor) would claim that XDA is violating their intellectual property. This is why people receive the C&D letters when sbf's and the like are posted.
Fortunately, the Library of Congress has explicitly ruled that these activities essentially fall under the fair use clauses of copyright law (http://www.copyright.gov/fedreg/2010/75fr43825.pdf). While this has yet to be thoroughly tested in the courts, as long as xda's activities remain non-commercial, Motorola would likely lose a legal battle trying to close down such activities. So, their only substantial alternative is to void your warranty.
I think comments like "Play by the rules. You don't have to agree with them, and if you don't like them, you're free to protest, but do so within the CURRENT rules and laws. File a complaint, write a petition, picket outside Motorola's HQ" are a bit of the pot calling the kettle black. Why can't you make those exact arguments when it comes to rooting your device?
These activities are legal, you are only voiding the contract you made with Motorola when you post items covered under an NDA. This is not illegal. This group of developers dedicates itself to violating contracts with Motorola and AT&T left and right. Why does this especially cross a line?
I do agree that people don't need to get nasty and go off on rants, but don't confuse rooting and related activities with something illegal.
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And I have to laugh at how you didn't even read what the post was about.
This is about the beta test, nothing more, nothing less. The entirety of the test is enclosed under an NDA, which regardless of your personal or moral standards, is a legally binding contract and should not be broken. Last time there was a beta test, users willingly and knowingly broke the NDA and posted the confidential information all over the forums. Most of those threads were shut down immediately. When I root my device, I'm not breaking a signed agreement that says I won't root my device. It's not even close to the same thing, you're overgeneralizing the subject. I'm talking about a very specific thing here, not android hacking in general.
Also, an NDA is a legally binding contract, and it IS illegal to break. http://en.wikipedia.org/wiki/Non-disclosure_agreement
dLo GSR said:
Having them unlock the bootloader for us is honestly IMO never going to happen. NO phone company is doing this, so it's silly to think they will or that we deserve it. Devs are the ones who unlock or bypass bootloaders and all our Android phones; devs will find a way, a 3rd party will find a way, but Motorola has zero interest in doing that for us and to think otherwise is foolish. So what they DO give us, may help other people to figure it out and crack it themselves. But we need things to work both ways, with Moto giving a little room for us to update our software and continue on with Android's progress.
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Then why is HTC so responsive to 3rd party devs? (Excluding Thunderbolt, wtf is with that) I have Cognition on my Captivate, and CM7 on my Inspire. So forgive me if I decide to disagree with you that it's not silly to want an unlocked bootloader.
Especially on my captivate. The thing is complete crap without Cognition. Yet I was able to easily install ROM manager and Cognition and slap it on there. It's only Motorola right now that are big enough pricks to do this to us. Sony gave their users a way to install ROMs. Now it's only us locked in the cage.
dLo GSR said:
If you can't handle the rules and regulations, then don't do it
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How do you justify rooting your phone? You are violating their rules and regulations. Nobody is forcing you to buy their product.
NDA's are pretty serious business. Just because Motorola doesn't sue you doesn't change this fact. Lifetime friends of mine that work at Microsoft and Google can't tell me what they are working on specifically. I've gotten used to responses like "working on Google Maps" and not bothering them for more details because I respect their NDAs.
Ririal said:
And I have to laugh at how you didn't even read what the post was about.
This is about the beta test, nothing more, nothing less. The entirety of the test is enclosed under an NDA, which regardless of your personal or moral standards, is a legally binding contract and should not be broken. Last time there was a beta test, users willingly and knowingly broke the NDA and posted the confidential information all over the forums. Most of those threads were shut down immediately. When I root my device, I'm not breaking a signed agreement that says I won't root my device. It's not even close to the same thing, you're overgeneralizing the subject. I'm talking about a very specific thing here, not android hacking in general.
Also, an NDA is a legally binding contract, and it IS illegal to break. http://en.wikipedia.org/wiki/Non-disclosure_agreement
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