6.5 Cease and Desist

[DaPeeps]

I also saw this earlier......


http://www.wmexperts.com/microsoft-vs-xda-developers

"It was bound to happen sooner or later, and in a way it shouldn't be a big surprise. On Jan. 22, XDA Developers Member Da_G ported and posted a Windows Mobile 6.5 ROM for the HTC Fuze/Touch Pro. This was a popular cooked ROM that developed a healthy following. If you were one of the many who flashed this ROM, consider yourself amongst the lucky ones. Now, after receiving a "legal complaint" from Microsoft, XDA pulled the links for the cooked ROM as well as other ROMs based on Windows Mobile 6.5. It also looks like Microsoft is monitoring mirror sites that provide downloads for unlicensed (read: cooked) of Windows Mobile 6.5 as well as Windows Mobile 6.1. Hosting sites have received e-mails sent out by James Young, Internet Investigator on behalf of Microsoft.
The e-mails identify the site as distributing unlicensed material and state,

"We hereby give notice of these activities to you and request that you take expeditious action to remove or disable access to the material described above, and thereby prevent the illegal reproduction and distribution of this copyright work(s) via your company's network."

While Windows 6.1 was mentioned in the email, it appears that the developers of WM 6.5 ROMs were the target of the investigation. Several Windows Mobile 6.1 based ROMs still are available over at XDA.
We will admit to being of two minds on the issue: it's more than reasonable to argue that distributing unreleased and even cooked ROMs is piracy, so Microsoft is well within its rights to shut that stuff down. Add in the likely possibility that 6.5 won't run that well on current hardware and will therefore give a bad impression to users, and it's no surprise that Microsoft put the hammer down. On the other hand, ROM cooking is one of the more exciting (and loyalty-inducing) things going on in the Windows Mobile world (and especially in HTC circles) right now, so it's a bit of a shame to see it tamped down.
There's no telling how all this will play out. It may simply drive the development and distribution of cooked ROMs more underground. Two things are for certain: XDA-Developers.com has definitely seen an increase in traffic, and there are a lot of unhappy chefs in the kitchen."

[tsowen]

Seems this is flying and buzzing all over the net http://pocketnow.com/index.php?a=por...t=news&id=7039

[conflipper]

MS shut down a lot of 6.1 threads has well.

[SprintTouch08]

Originally Posted by No1ustad

well. if some cop shows up at my door w/o a badge and wants me to do exactly what he says, the police dept should understand when i don't comply.

Not quite. Even though you wouldnt have to comply youre definitely on notice and if they come back (a real DMCA takedown in this case) then youre screwed pretty much. You had adequate notice and the officer will go on record explaining that he spoke to you giving you fair warning and identified himself as an off duty cop. Being on or off duty merely means that he cannot arrest u off duty because of due process issues, its perfectly legit to point out the infraction and come back for you when he does get on duty if youre still doing it.

Same here, if this perosn is legit: he identified himself and the infraction, if there is noncompliance then there are penalties. Not everything is so black and white as you put it, cops still issue warnings and you abide by them and respect the warning because they are the law.

[No1ustad]

Originally Posted by SprintTouch08

Not quite. Even though you wouldnt have to comply youre definitely on notice and if they come back (a real DMCA takedown in this case) then youre screwed pretty much. You had adequate notice and the officer will go on record explaining that he spoke to you giving you fair warning and identified himself as an off duty cop. Being on or off duty merely means that he cannot arrest u off duty because of due process issues, its perfectly legit to point out the infraction and come back for you when he does get on duty if youre still doing it.

Same here, if this perosn is legit: he identified himself and the infraction, if there is noncompliance then there are penalties. Not everything is so black and white as you put it, cops still issue warnings and you abide by them and respect the warning because they are the law.

I feel like they'd need to Properly identify themselves with some sort of proof... but hey, i guess it's better to be safe than sry..

[nanoware]

I think its a sub contracted company , and there s no James young. its more of a sudo name, and that their sole duty is to preemptively scare people to take down the said materials. i don't believe their real microsoft lawyers, they are just a few people who go around bullying site and communities. I must say thou, 6.5 hasnt been released, so they have the right to be a little pissy about the whole situation.

check this out

http://static.thepiratebay.org/ms-loveletter.txt

same james young?

hmmm...... and thats from 04...

[demonlordoftheround]

Originally Posted by SprintTouch08

Not quite. Even though you wouldnt have to comply youre definitely on notice and if they come back (a real DMCA takedown in this case) then youre screwed pretty much. You had adequate notice and the officer will go on record explaining that he spoke to you giving you fair warning and identified himself as an off duty cop. Being on or off duty merely means that he cannot arrest u off duty because of due process issues, its perfectly legit to point out the infraction and come back for you when he does get on duty if youre still doing it.

Same here, if this perosn is legit: he identified himself and the infraction, if there is noncompliance then there are penalties. Not everything is so black and white as you put it, cops still issue warnings and you abide by them and respect the warning because they are the law.

I'm sorry but until I see the badge and credentials, I'm going to call the real police to find out if this individual is legit.

[tsowen]

Admins: Just talked with Microsoft being my profession and this was not sitting good with me since it was missing A. a contact phone number and for these cases it must also contain a Digital Signature with that being said they said it is fraud, I gave them the link to XDA and they verified that they do not have a James Young employ and that the email extension internet2@microsoft-antipiracy.com is not valid furthermore they said on there notices they will also have a phone number for the person(s) to call and correspondence is done through written. I will be receiving an email with the case number and contact information for the antipiracy case manager who verified the information and will forward it to the Admins here and at XDA as well. If one one the Admins here can PM there email addy so I can send the email to them for future verification on these types of notices.

[hibby50]

Thanks tsowen! also great job with the icons

[CozBoogie]

Thanks Mr. tsowen! That clears up a few issues.

late,
Coz