So the big deal with RAPH800

[wildrage]

It's like buying a laptop with Microsoft Office preloaded on it, and then somehow copying it off, and putting it on other people's laptop...it's not legal. The manufacturer, and ultimately the person who bought that laptop payed licensing fees to Microsoft, even if it wasn't expressly on the receipt.

I mean technically...every custom rom could be considered copyrite infringement to Microsoft. Granted, we all have licenses when we bought our Diamonds...but if I were to some how (if it was possbile) put one of these custom roms on a G1, it would be violating Microsoft's copyrite for Windows Mobile.

[rgildoss]

Originally Posted by wildrage

It's like buying a laptop with Microsoft Office preloaded on it, and then somehow copying it off, and putting it on other people's laptop...it's not legal. The manufacturer, and ultimately the person who bought that laptop payed licensing fees to Microsoft, even if it wasn't expressly on the receipt.

I mean technically...every custom rom could be considered copyrite infringement to Microsoft. Granted, we all have licenses when we bought our Diamonds...but if I were to some how (if it was possbile) put one of these custom roms on a G1, it would be violating Microsoft's copyrite for Windows Mobile.

this is true ...
But the real talk is not about an application but a Device ID change that can allow applications that otherwise would not work to work.
To go one step further, i can purchase the app and be able to use it if the device id was infact changed ...

So now if i purchase a licens for the app and use it on a diamond with a diffrent device ID does this still make it illegal? would the app creator really care since i purchased it?

Another way of looking at it is ( as posted befor ) maybe the application creator could get in trouble because the carrier paid for exclusive use of the app.. But the app creator has if for sale on their site ( even trial version ) so the exclusive is out i think

[wildrage]

The key is when you said "If I buy."

If you buy a Touch Pro with the software on it, then completely take it off of the Touch Pro and put it on the Diamond it probably isn't illegal...you would have to check the license agreement to be sure, but if anything you're just violating the agreement, not breaking any copyright laws or violating intellecual property. If you keep it on both devices, it probably is illegal.

While changing it to RAPH800 may violate certain agreements with Sprint and the software vendor, it in itself is not illegal.

I think the key here is using software that you did not buy. If you copy software off of a device that isn't readily available publicly, and use it on another device (did not pay for it), then that is illegal. The code or key is totally secondary. You can relate it to having a CD key for Office. Knowing the key isn't necessarily illegal...I can write it on a post-it note and keep it on my desk and it doesn't harm anyone....but when I copy the program on my computer without paying for it, then it is.

To make this simple, just check the software. I'm sure there's some sort of license agreement somewhere on it.

[rgildoss]

Email from the company who makes the app..


Mr. Rico,

Thank you very much for writing to us. If you look at our website:
http://worldcard.penpowerinc.com/worldcard-mobile-standard.html , at t
note section, you would find that our program works only for GSM
network. So it won't work with your system. If you like other products,
please let us know.Thank again for being interested in Penpower products.

Best Regards

Jack


so according to the compaby of this app this app should not be on a Touch Pro from sprint either ???

[wildrage]

The application has absolutely nothing to do with the network. It's like saying that those pants won't work with your computer.

[rgildoss]

App requirements

‧Dopod: 818Pro, 830, 838Pro, CHT 9000, E616
‧Asus: P525, P535, P735, P750, P527
‧GigaByte: Gsmart i300, i350
‧MiTac: A501, A702
‧HTC: TyTN, TyTN II, CRUISE, Touch Diamond , Touch pro ,
T-Mobile MDA Compact IV
‧AT&T: 8285,Tilt
‧Qtek: S200

[Note] ‧WorldCard mobile only for GSM network.‧If your system matches our system requirement, please go ahead to give it a try. We provide you free trial version.

[sfxc13]

Originally Posted by wildrage

The key is when you said "If I buy."

If you buy a Touch Pro with the software on it, then completely take it off of the Touch Pro and put it on the Diamond it probably isn't illegal...you would have to check the license agreement to be sure, but if anything you're just violating the agreement, not breaking any copyright laws or violating intellecual property. If you keep it on both devices, it probably is illegal.

While changing it to RAPH800 may violate certain agreements with Sprint and the software vendor, it in itself is not illegal.

As of current copyright law, it is technically illegal for you to take it from one device to another (unless the End User License Agreement (EULA) specifies otherwise.

While most copyright experts would agree that such conduct falls under the personal fair use category and should be exempted, the Office of the Copyright Registrar disagrees.

Since there is no case law on point, the end result is that it is illegal, but you will never be prosecuted for it.

Sorry, if this is more info than anyone wanted.

[gguruusa]

Originally Posted by sfxc13

Since there is no case law on point, the end result is that it is illegal, but you will never be prosecuted for it.

No, the end result is you don't know what the result will be if you were prosecuted. You can not predict whether you will be prosecuted.

[jakdillard]

Originally Posted by rgildoss

App requirements

‧Dopod: 818Pro, 830, 838Pro, CHT 9000, E616
‧Asus: P525, P535, P735, P750, P527
‧GigaByte: Gsmart i300, i350
‧MiTac: A501, A702
‧HTC: TyTN, TyTN II, CRUISE, Touch Diamond , Touch pro ,
T-Mobile MDA Compact IV
‧AT&T: 8285,Tilt
‧Qtek: S200

[Note] ‧WorldCard mobile only for GSM network.‧If your system matches our system requirement, please go ahead to give it a try. We provide you free trial version.

The app has nothing to do with the network it has something to do with the camera and thats it . As it is HTC has the license in question to use on their phones which ever model that they want it is a part of the Touch HD and the Touch Pro as far as I know for now its just like Sprite Mobile Backup which is included in the GSM At&t ROM

[rgildoss]

Originally Posted by jakdillard

The app has nothing to do with the network it has something to do with the camera and thats it . As it is HTC has the license in question to use on their phones which ever model that they want it is a part of the Touch HD and the Touch Pro as far as I know for now its just like Sprite Mobile Backup which is included in the GSM At&t ROM

So using the device ID is just a refrence point so that the app knows what type of camera is on the phone?