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Re: 6.5 Cease and Desist
Heres the latest, thanks to WmPoweruser.com:
Microsoft and HTC to XDA-Dev - Why dont we all just get along? March 18th, 2009 | Author: admin There has recently been much anxiety in the Windows Mobile ROM cooking world over at XDA-Developers after the web site started receiving take down notices from some-one purporting to be from Microsoft. The practice of making updated firmware for older devices have always been borderline illegal, and the similar practice on the desktop (e.g placing a pirated copy of Windows Vista on a XP machine) would never have been tolerated. It later turned out the take down notices were rather dubious in origin, and did not really conform to the format used by Microsoft. Tweakers.net, a Dutch web site, decided to take the bull by the horns and ask Microsoft and HTC directly what they thought of the situation. Maarten Sonneveld, from Microsoft Netherlands was very clear. "What is happening there, adjusting ROMs is illegal. They go to get the intellectual property of others." He however, Pilate-like, absolved Microsoft from any responsibility to address the crime. "This intellectual property is not with us. The ROMs are owned by manufacturers or providers, if the branded versions. We supply only the OS." That leaves the ball in HTC’s court. HTC however had no plans to squash one of the biggest selling points of their phones. "What happens there should not", says HTC Benelux director Mark Moons. "But XDA-Developers is the largest and most active community of Windows Mobile developers. We can not live with ‘em and we can not live without’ em." The outcome of these statements is therefore than an uneasy truce exists, leaving XDA-Developers to continue their exploits in peace, but always with a gun pointed at their head if either Microsoft or HTC changes their minds. If this were to happen however it is likely that both would see a dramatic loss of market share, as many regulars who only buy HTC Smartphones, abandon the platform in droves. |
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Re: 6.5 Cease and Desist
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kind of a creative tactic.. and MS wouldnt do this themselves would they, wouldnt the dmla be who issues ceast and dissits?? |
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Re: 6.5 Cease and Desist
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Thats not a group, its a pathetic 'document' that can be used to take down copyrighted material for pretty much any reason. After the Patriot Act, its the most revolting part of the US legal system. |
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Re: 6.5 Cease and Desist
Yes it is a document but it also helps protect sites as well. Had they read through the DMCA they would have seen that for a Take Down notice it has to have a Digital Signature or the Document be signed, not just a Respectfully, Yours Truly, With Regards etc., or whatever James Young typed, also it list what the document must say and show in order to be legit and hold up within the legal system. The document serves its purpose. This was the biggest reason that after reading the document it just didn't sit good with me because I knew after looking at it, it was not valid and caused me to contact Microsoft to verify my suspicion. It took them all of 1 minute while on the phone with me to verify the letter was fake after reading it over at XDA. Biggest lesson learned IMO is to just research these types of things and to contact or go direct with the complaining cooperation to verify it. Like Microsoft said and which makes sense they would also provide a phone number so you can further discuss the issue with them and not just correspond through email.
Last edited by tsowen; 03-20-2009 at 09:17 AM. |
This post has been thanked 1 times. |
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Re: 6.5 Cease and Desist
I wonder if anyone here has the "ability" do deal with the likes of mr. young? Would MS like to take care of someone falsely acting like them, or if that IP he is barking from make it to a spam blacklist...
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