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Google Serves a Cease-and-Desist On Android Modder

Several readers sent in word that Google has served a Cease and Desist order to Cyanogen, one of the most prolific Android modders: his CyanogenMod is enjoyed by 30,000 users. The move is puzzling. Gizmodo wonders what Google's game is, and Lauren Weinstein calls the move "not of the high 'Googley' caliber" that one would expect of the company.

17 of 336 comments (clear)

  1. Le Shocque! by Rydia · · Score: 5, Insightful

    Google a giant company, not your BFF.

    Film at 11.

  2. What is confusing? by fermion · · Score: 5, Insightful
    If Cyanogen is "passing around Google's closed-source apps like Google Maps, Google Talk and Gmail", then google has every right, even a responsibility, to stop it. It does not matter that it only runs on google authorized hardware, Cyanogen has not been given the right to distribute the software. What happens if Cyanogen, or some other person, decided to modify the Talk so that all numbers dialed were reported to third party advertisers? Not only would google lose their share of the advertising dollars, but I am sure most would hold google liable. Same thing if maps intentionally lead people to drive off a cliff. Right holders have a obligation to control distribution, and I don't trust those who don't control distribution.

    Leaving this issue aside, it does seem that Android is not the open savior that every thought it might be. Given that for a cell phone to work it must have towers, and that the towers are controlled by private enterprise in search of profit, and that large firms tend to sue each other as part of the competitive process, any completely open phone is unlikely to thrive in the marketplace. If google were no a commodity vendor, then I would say that an open phone might work. But given they want tens of millions of customers, there is going to be a compromise of open software and control.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  3. Simplish solution by IMarvinTPA · · Score: 5, Insightful

    Stop distributing those apps in the ROM!
    Add an app to retrieve them from the original (backup) version of the phone.

    SafeTex: Copying copyrighted textures from original Quake to custom commercial levels without incident. IE Don't distribute what's already there.

    IMarv

  4. Re:Capitalism means crisis by PhreakOfTime · · Score: 5, Insightful
    Neither do fiat currencies. They all end up crumbling in exactly the same way.

    Did your history book also mention that?

    So, since ALL systems of humanity eventually fail, wouldnt it be more important to look at the quality of life that exists under these systems for the brief periods that they exist?

  5. Proves the point by Qubit · · Score: 4, Insightful

    Google is sending a C&D because someone is distributing closed-source Google apps (like GMail, Google Maps, etc...) without a license.

    This is why I want a phone that runs only Free Software in the base install. If I know that the base functionality is open and free, that means I can take that base set of software and modify it and distribute it to other people without worry of getting a C&D letter like this one.

    Free Software licenses are a great way to CYA. Sure, they do a number of other things for you as well, and they aren't always the best at dealing with software patents, but they CYA a lot more than most proprietary licenses I've seen.

    --

    coding is life /* the rest is */
  6. Re:say what? by MozeeToby · · Score: 4, Insightful

    They try, they don't always succeed, sometimes they fail miserably, but they do try. Which is better than 99% of the companies out there.

  7. Re:Do no evil? by ceoyoyo · · Score: 4, Insightful

    Wrong end. When you're talking about something that needs to use a network to be useful, you've got to start at the network. The device is the LEAST important part. As long as the phone company gets to say what does or does not run on their network the devices will do what they need to meet those requirements.

    It's kind of funny actually - Apple releases a closed phone but doesn't sick the lawyers on any of the hackers. Google releases an "open" phone but does sick the lawyers on the hackers.

  8. Are they actually modified? by JSBiff · · Score: 4, Insightful

    Seems to me that the most reasonable compromise, for all involved, is for Google to allow redistribution without modification of their closed source software. Yes, Google has the legal right to make cyanogen stop distributing, but how does that benefit Google? Lots of 'proprietary' software are distributed as .zip or .exe files which the license allows you to make verbatim copies of. This is slightly different, because the software is incorporated as part of a ROM image, but as long as the software inside the ROM image isn't modified, Google should just let him distribute. He's not hurting them in any real way.

  9. Re:GPL Violation? by daskinil · · Score: 5, Insightful

    Umm, Linux is the same way, developers have the freedom to write a closed source app for it. Which is good. Otherwise I wouldn't have matlab on linux. Which is an industry standard for many engineering applications. So this is really not too news worthy, Google has closed source apps and open source apps. Just because a company has some OSS apps, doesn't mean they can't defend the rest of their apps.

  10. Re:License missing by ajs · · Score: 4, Insightful

    It's pretty clear that Google goes way out of its way to provide APIs and guidance on using its stuff as a third party, so I suspect that there's specifics in this C&D that aren't just "you used our service." Specifically, if they were re-packaging Google's logos or the like, then there's real copyright concerns there.

  11. Re:Lawyers against dev community == bad idea by rliden · · Score: 3, Insightful

    Developers should care about why Google is doing this. How would you feel if people were distributing your apps or project without a license possibly in violation of that license? It's irresponsible of those developers not to abide by the licensing agreements. If these developers were distributing GPL apps without a license I'm pretty sure the FSF would be breathing down their necks too. It's a matter of respect and professionalism. Those developers are out of line.

    --
    Don't think of it as a flame, more like an argument that does 3d6 fire damage.
  12. Re:License missing by R2.0 · · Score: 3, Insightful

    I'm guessing it's like having a pickup game of softball at your local municipal field, and you get busted. Why? You need a permit. It's free and easy to get, but you still need to get it.

    Google's saying "We ask everybody else to play by these rules, which aren't even onerous, so you need to as well."

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  13. They were doing it the wrong way by Vexorian · · Score: 3, Insightful

    It is illegal to distribute closed source apps without the license. It doesn't matter if you think what you are doing is not for profit or doing any 'harm'. Google is even required by law to enforce its copyright. The answer is not to complain about google doing evil or about how it is 'harmless' to use this software illegally but to make free software clones of the apps and avoid the legal non-sense altogether. And in most cases, you don't even need to make them... they are already done.

    This is something that must be understood. Some "alternative" GNU/Linux distros out there love to include things like Skype and flash without any license. It is illegal doing so, and the reason most of the major distros don't do it. (Some of them don't do it because they don't like proprietary software, but most of them really do it just to avoid the copyright infrigement).

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  14. Re:License missing by Chelloveck · · Score: 4, Insightful

    Like the parent said, that only applies to trademarks and not to copyright.

    You mean trademarks like Gmail(tm) and the Google(tm) logo? Which are almost certainly being distributed as part of those apps?

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  15. Re:Capitalism means crisis by nedlohs · · Score: 4, Insightful

    You mean like China?

  16. Solution by geirt · · Score: 4, Insightful

    Google, please hire Cyanogen. He is clever!

    --

    RFC1925
  17. It's because of the Market app by Orange+Crush · · Score: 4, Insightful

    His latest ROM has the new market app which isn't only closed-source, but it's unreleased closed source. Google doesn't want their stuff going into the wild until they say so.