Whisteblower on person selling 6.1 software and service

[gguruusa]

Originally Posted by up2no6ood

Thousands of people profit off of microsofts work. Its called maintenance and repair. He is charging to install an upgrade, and has every right to do so, but I can understand the ruffled feathers about him using your roms for profit. The only thing I can recommend is; Charge a nominal fee for your rom, or require members to pay for a subscription to access rom specific content.

Big difference between mainenance and repair (a service) and providing a ROM (an object). The tools here are specifically excluded from commercial use, so if he has a way to build that ROM without using the tools and data here or install it without using the tools here, more power to him. The truth is, it's pretty easy to tell the signature of each of the various tools here, so prosecution is fairly easy. As far as Microsoft and him selling a ROM, that may well be illegal for OS versions not available and certainly illegal for any software contained therein marked as not for sale/commercial use.

[98classic]

lol....

i'll just continue drinking my beer, after all i'm only a crabby truck driver. hahahaha

[railslave]

good for him i sold a dvd packed with games and programs on ebay for a long while. i made over 2 grand till ebay decided i was pirating software

[NexVision]

Originally Posted by railslave

good for him i sold a dvd packed with games and programs on ebay for a long while. i made over 2 grand till ebay decided i was pirating software

Well if you where distributing paid software as yours you where pirating and I wish that they had caught u sooner cause its people like you that need to be stopped. People like you are the ones that make writing software and distributing it a mistake. You guys wonder y things are kept hush hush. Point case example.

[gguruusa]

You guys need to remember that just because something is free to use personally, that as nothing to do with granting you the right to use it in a commercial manner. Quite simply, you will lose any legal contest, be required to pay all your gross proceeds to the affected parties (not net proceeds - your costs are your own problem, and if multiple parties you might pay multiple times), your legal fees, and possibly the affected parties legal fees. In flagrant cases, you might even get punative losses and penalties.

It's a stupid, greedy thing to do, and costs everyone in the end.

[rstoyguy]

So tell me, which one of you guys is running that thing on e-bay?
Only somebody from ppcgeeks or xda-developers could have obtained this knowledge to provide this service.

You guys make me laugh. You "borrow" microsofts copyrighted software and then flame someone when they borrow your stuff as if it's your copyright. I understand you've put alot of long hours into it, but the base for your kitchen...does belong to microsoft. Everytime someone donates to ppckitchen, you are thereby receiving money for your services. This guy is doing nothing different than you, except actually loading the rom on the phone.

[gguruusa]

You'll note several distinct differences:
1) we don't charge anything. There's no gain here.
2) accepting donations is not even close to the same as charging for something
3) we do quite a bit of different services, none of which relate to selling a rom or violating license agreements. If you know of a license we are violating, well be quick to remedy the situation.
4) no one is discussing the legitimacy of selling a ROM - which we certainly do not do and isn't what the ebay seller claims to be doing (note, however, that his custom ROM is integral to his business activity, thereby negating his claim).
5) It's totally legal for you to modify your own personal ROM
6) PPCKitchen does not modify ROMs. The best you could claim is incidental distribution. There's a reason why basekits are seperate downloads and from different authors.
7) If microsoft asked for ROM distribution to stop, you can bet it would. They haven't as yet.
You'll note that our products and services stand on their own, regardless of whether a basekit link is provided by us.

[gguruusa]

Originally Posted by rstoyguy

This guy is doing nothing different than you, except actually loading the rom on the phone.

And charging for it. Your right. Unfortunately, those are exactly the two things that make him illegal.

[rstoyguy]

Originally Posted by gguruusa

You'll note several distinct differences:
1) we don't charge anything. There's no gain here.
2) accepting donations is not even close to the same as charging for something
3) we do quite a bit of different services, none of which relate to selling a rom or violating license agreements. If you know of a license we are violating, well be quick to remedy the situation.
4) no one is discussing the legitimacy of selling a ROM - which we certainly do not do and isn't what the ebay seller claims to be doing (note, however, that his custom ROM is integral to his business activity, thereby negating his claim).
5) It's totally legal for you to modify your own personal ROM
6) PPCKitchen does not modify ROMs. The best you could claim is incidental distribution. There's a reason why basekits are seperate downloads and from different authors.
7) If microsoft asked for ROM distribution to stop, you can bet it would. They haven't as yet.
You'll note that our products and services stand on their own, regardless of whether a basekit link is provided by us.

Ok, ya got me. I wuz just complaining because the kitchen doesn't work on my vogue yet! I'm just jealous.

[gguruusa]

Originally Posted by rstoyguy

Ok, ya got me. I wuz just complaining because the kitchen doesn't work on my vogue yet! I'm just jealous.

It works fied on your vogue. There just isn't a decent kitchen yet.