According to tweakers.net (dutch), a very popular and more important, trustworthy Dutch IT website.
XDA-Developers (And thus also Duttythroy.net) breaches intellectual property laws regarding ROM Cooking.
However Microsoft and HTC both agree "We can't live with 'em and we can't live without 'em."
Microsoft will not send take down orders to sites such as XDA-Developers, who offer customized ROMs for windows-mobile telephone.
Some sites offering ROMs based on Windows Mobile 6.5 got take down orders last week. They, However, appeared to be hoax.
“Taking action against sites such as XDA-Developers isn’t a matter of concern for Microsoft” says Maarten Sonneveld of Microsoft Netherlands against tweakers.net. “What happens there, the modifying of ROMs, is illegal. The intellectual property however is not with us. The ROMs are intellectual property of the producers of the phone or the mobile phone providers if it concerns branded telephones. We simple only deliver the OS.”
The biggest producer of Windows Mobile-phones, HTC, also says they don’t have any plans to take action against ROM sites. “What happens there isn’t allowed” says HTC Benelux-CEO Mark Moons,
“But XDA-Developers is the biggest and most active community of Windows Mobile-developers. We can’t live with ‘em and we can’t live without ‘em.”
Last week it seemed there were to come an end to tolerating Windows Mobile-communities.
A certain ‘James Young’ sent emails on behalf of Microsoft to site managers in which he stated that they were sharing illegal content, and summoned them to stop their practices; some site managers, in fact, did this.
It mostly concerned ROMs with betas of Windows Mobile 6.5, the update of Microsoft’s Mobile OS that should appear this summer.
The email of Young appeared, however, to be a hoax.
Microsoft denied against XDA-Developers that the summoning came from them, they also say that the email address is incorrect and that summons such as these always are sent by written letters instead of email. Not so long ago someone with the exact same email address and name sent the same kind of emails to sites that, according to him, placed illegal content for the Xbox. The Pirate Bay also received a message by ‘James Young’ in the past.
Aside from this: a funny fact is that recently Arne, when he still was on our team, contacted Microsoft and HTC concerning this very issue as we were wondering the legal status of sharing ROMs.
He however didn't receive any clear answer even though he called a zillion times and emailed to infinity, twice.
Source: http://tweakers.net/nieuws/59043/microsoft-xda-developers-illegaal-maar-we-pakken-ze-niet-aan.html (dutch article, click for english google translation)
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written by Rob , March 17, 2009
Rob
written by Jack Smiles , March 31, 2009
written by Kuwait , April 01, 2009
written by RobRedbeard , April 17, 2009
China Mobile told Apple to go #$#* themselves because Apple boldly demanded something like a quarter of their revenues. Yes, Apple had to nads to tell a phone company they had to pay Apple before Apple would let their customers use an Apple phone. China Mobile then turned to Google and said, "let's make an Android phone for China."
I know of at least one developer who is having to think very seriously about whether or not to port to iPhone because Apple forces them to sell through the Apple Store, and at the same time, Apple takes a big profit cut.
On top of that, if you want to buy music, you have to buy it at their store. And you can't use any other devices with their store. It's a monopoly and it's time for the Fed to go after it like they did Microsoft.
Rob
written by fleck , April 29, 2009
I would like to thank Dutty and XDA for an excellent source of information, raw data, tools, humour and general sense of community. Keep up the good work chaps.
written by RobRedbeard , April 30, 2009
The reason I see re-using HTC system upgrades between phones as acceptable is that we are paying HTC for our phones. I'm NEVER going to do something like buy a Topaz to replace my Blackstone. Topaz' market is to users who don't have a recent WVGA phone. In fact, I wouldn't buy it because of its proprietary headphone jack. Porting the Topaz Manila to Blackstone only builds more brand loyalty for HTC. It means I can spend $800 on their phone without fearing that whatever state of development it's in when they release it is what I'm going to be stuck with for years.
HTC can make the choice: have me as an $800 customer every time there is a significant hardware generation and allow me a path to keep that system fresh and able to use my hardware to the best of its abilities until it loses value, or not have me as a customer at all. The choice to have me as an $800 customer twice within one generation is not on the table and any attempt to force me to that end would only push me to the latter option - not buy from them.
Unacceptable ROM inclusions are ones that include pirated software. If a ROM includes Resco Explorer, Core Player, SPB Mobile Shell, etc then I think the cook should be dealt with sternly. Cooks should help users keep their systems up to date and make visual and usability improvements, not help users steal from developers. The economy is already making things difficult enough for those developers and their families.
As for non-HTC system upgrade software, eg, Windows Mobile. I'll buy an upgrade to 6.5 if they'll sell it to me. I however, won't re-spend $700+ for a phone within 6 months just to get 6.5. Honestly though, I prefer the color scheme of 6.1 over 6.5 anyway. I'm a fan of green. ;)
Rob
Now I'm gonna flash yer 2.2 HD rom. Thanks for your cooking, chef!