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Not to take away from several good points you made Wizzard, but I think you'll find that the "sticking point" is in the distribution of pre-customized ROMs. Even if federal courts have ruled that users may freely customize their own devices I doubt that includes rights of distributing it to other people over the internet.
Again, don't get me wrong, I think it should be legal, I just don't think it is legal (the distribution).
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