Can someone explain the Hard-SPL Licensing?

Mutiny32 · #1 (**permalink**) 10-24-2009, 04:55 PM

Quote:

Originally Posted by lawmangrant

The licensing should be free to everyone, the reason for the licensing server is that the mass unlockers will have to pay for the unlocking now.

Me, I have my 1 TP2 and well, I will only unlock that, so that does not concern me at all.

And I am ok with them protecting their product.

As I understand it, the Hard-SPL is a modified manufacturer bootloader. Since it was developed by the manufacturer, unless explicitly licensed under a license like the Apache/GPL/BSD, nobody can re-license nor charge for the code.

Modification cannot be used as justification, as it is a derivative work of the original copyrighted code.

Reverse-engineering is also covered under this same concept to a certain extent. If the code is reverse-engineered by inference, it cannot be redistributed if original code methods are used and the rest of the pieces filled in, as that is also considered derivative.

Edit: but it's a moot point, as it's already an illegal redistribution of HTC's code. HTC lets the community do so because the testing of pre-release code is vital to the development of better software.

**gTen** · #2 (**permalink**) 10-24-2009, 05:29 PM

Quote:

Originally Posted by Mutiny32

Edit: but it's a moot point, as it's already an illegal redistribution of HTC's code. HTC lets the community do so because the testing of pre-release code is vital to the development of better software.

Not really..there isn't much HTC can do...if you don't make any money off it..best HTC can do is get them to stop, but it is not worth the effort because HTC does not loose any money. You already bought the device, afterwards what do they care.

On the other hand, if you make money off it, thats a different story as HTC can come after you legally and take everything.

Mutiny32 · #3 (**permalink**) 10-24-2009, 05:35 PM

Quote:

Originally Posted by gTen

Not really..there isn't much HTC can do...if you don't make any money off it..best HTC can do is get them to stop, but it is not worth the effort because HTC does not loose any money. You already bought the device, afterwards what do they care.

On the other hand, if you make money off it, thats a different story as HTC can come after you legally and take everything.

HTC can always prosecute for illegal redistribution of propreitary code. Free or not. i wa saying that HTC allows this stuff to go because they need the community. They've said it before. We're their beta testers.

**gTen** · #4 (**permalink**) 10-24-2009, 05:45 PM

Quote:

Originally Posted by Mutiny32

HTC can always prosecute for illegal redistribution of propreitary code. Free or not. i wa saying that HTC allows this stuff to go because they need the community. They've said it before. We're their beta testers.

Why would it matter to HTC? think about it, whether you buy from sprint, Verizon, or directly..you still buy their phone...the only ones who could care are the carriers....HTC is not effected in any way. Not to mention, carriers distribute the boot loader updates as well. It is not like they are distributing source, they are distributing something thats only usable by those that bought the device. So HTC is in no way effected.

Now there is a huge difference when you try to sell stuff that is illegal over distributing it for free in legal terms its a WORLD of difference.(from slap on the hand to prison)

The moment you start to sell the modified code, give HTC a HUGE advantage if they choose to use it. Not to mention they can now come after your assets.

Mutiny32 · #5 (**permalink**) 10-24-2009, 05:48 PM

Quote:

Originally Posted by gTen

Why would it matter to HTC? think about it, whether you buy from sprint, Verizon, or directly..you still buy their phone...the only ones who could care are the carriers....HTC is not effected in any way. Not to mention, carriers distribute the boot loader updates as well. It is not like they are distributing source, they are distributing something thats only usable by those that bought the device. So HTC is in no way effected.

Now there is a huge difference when you try to sell stuff that is illegal over distributing it for free in legal terms its a WORLD of difference.(from slap on the hand to prison)

The moment you start to sell the modified code, give HTC a HUGE advantage if they choose to use it. Not to mention they can now come after your assets.

They would care because modification to that program has the potential break a phone and more likely than not, they would have to eat the cost of replacing the phone.

**gTen** · #6 (**permalink**) 10-24-2009, 05:52 PM

Quote:

Originally Posted by Mutiny32

They would care because modification to that program has the potential break a phone and more likely than not, they would have to eat the cost of replacing the phone.

No...HTC does not replace phones..if you break the phone and replace it with the carrier, and carrier approves(which is paid by insurance company)..they make more money since you bought another set.

Otherwise, re-flashing your boot loader probably voids your warranty anyways.(if they notice that that is the case)

Mutiny32 · #7 (**permalink**) 10-24-2009, 06:31 PM

Quote:

Originally Posted by gTen

No...HTC does not replace phones..if you break the phone and replace it with the carrier, and carrier approves(which is paid by insurance company)..they make more money since you bought another set.

Otherwise, re-flashing your boot loader probably voids your warranty anyways.(if they notice that that is the case)

Someone eats the cost of a returned device. Then they eat the cost of refurbishing it. HTC is at the end of the chain.

Paragon · #8 (**permalink**) 10-24-2009, 07:12 PM

Quote:

Originally Posted by gTen

Why would it matter to HTC? think about it, whether you buy from sprint, Verizon, or directly..you still buy their phone...the only ones who could care are the carriers....HTC is not effected in any way. Not to mention, carriers distribute the boot loader updates as well. It is not like they are distributing source, they are distributing something thats only usable by those that bought the device. So HTC is in no way effected.

There are several reasons why HTC would care. First and foremost is that it interferes with their marketing plan. HTC, and many manufactures control the sales of their newest products by controlling the software that is available for the previous version. This is simple marketing 101. The more people with access to the latest software version the fewer people who will buy the newest product. I'm sure HTC would have many other reasons as well.

They do care about this very much. With each generation of their devices the more difficult it is to unlock them. The first XDA that HTC released was very simple to flash a new ROM. You simply put it into bootloader and said yes to dumping the ROM onto your storage card. You then put the card in the device you wanted to upgrade, put it into bootloader and it picked up the file on the card and automatically started to flash the ROM. The next version had what was know as a country code. You had to dump the ROM, then using a hex editor you had to edit the first few line....and so on. HTC and others put a lot of effort into securing their ROMs. They don't do this because they have nothing better to do.

They've been somewhat tolerant of this over the years. Only occasionally do HTC, MS, or the carriers try to stop it. It is a fine line that we come closer to crossing all the time as more and more people get into flashing ROMs, and it becomes more widespread.

Dave

**gTen** · #9 (**permalink**) 10-24-2009, 07:19 PM

Quote:

Originally Posted by Paragon

There are several reasons why HTC would care. First and foremost is that it interferes with their marketing plan. HTC, and many manufactures control the sales of their newest products by controlling the software that is available for the previous version. This is simple marketing 101. The more people with access to the latest software version the fewer people who will by the newest product. I'm sure HTC would have many other reasons as well.

They do care about this very much. With each generation of their devices the more difficult it is to unlock them. The first XDA that HTC released was very simple to flash a new ROM. You simply put it into bootloader and said yes to dumping the ROM onto your storage card. You then put the card in the device you wanted to upgrade, put it into bootloader and it picked up the file on the card and automatically started to flash the ROM. The next version had what was know as a country code. You had to dump the ROM, then using a hex editor you had to edit the first few line....and so on. HTC and others put a lot of effort into securing their ROMs.

Dave

Yes they do..but not so that you won't break them..it is more to appease the carriers cause the carriers do not want it broken. HTC makes you buy their next generation of devices by putting in minimum ram, minimum rom and 3 year old cpus >.>...HTC is in no way marketing it to us directly, they are marketing it to the carriers as far as US is concerned. The CDMA versions are always custom built to the specs of the CDMA carriers as it is not their standard release.

Paragon · #10 (**permalink**) 10-24-2009, 07:21 PM

Quote:

Originally Posted by gTen

Yes they do..but not so that you won't break them..it is more to appease the carriers cause the carriers do not want it broken. HTC makes you buy their next generation of devices by putting in minimum ram, minimum rom and 3 year old cpus >.>...HTC is in no way marketing it to us directly, they are marketing it to the carriers as far as US is concerned. The CDMA versions are always custom built to the specs of the CDMA carriers as it is not their standard release.

Yup! That too.