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Android Modder Tries To Outmaneuver Google

itwbennett writes "Google recently sent a cease-and-desist letter to Steve Kondik, the creator of Cyanogen, a popular souped-up version of Android, asking him to stop distributing applications such as Gmail with his modified software. 'We make some of these apps available to users of any Android-powered device via Android Market, and others are pre-installed on some phones through business deals,' wrote Dan Morrill on the Android developer blog. 'Either way, these apps aren't open source, and that's why they aren't included in the Android source code repository.' Now, Kondik thinks he's found a workaround. He plans to release a 'bare bones' version of Cyanogen without the applications, leaving it to modders to make a backup copy of the Google applications that shipped with their phone for later reinstallation before hacking away at the Android software. 'The idea is that you'll be able to Google-ify your CyanogenMod installation with the applications and files that shipped on your device already,' Kondik wrote."

16 of 152 comments (clear)

  1. Interesting by 56 · · Score: 5, Insightful

    This actually seems like a more-or-less legitimate point by Google. I'll probably get flamed for this, but it seems like people may have overreacted a little bit.

    1. Re:Interesting by 56 · · Score: 5, Insightful

      I'm with you right up until the end... I agree that there are IP issues with open source, particularly when you have to both open and proprietary IP involved. However, I don't see how this is a case of google being opened to 'unwanted competition.' Here is how I see it: - Android is open-source. - Not all of the apps on Android are necessarily open-source. - Therefore, Cyanogen, Drizzy, and whoever else are free to mod it to their hearts delight - just so long as they don't also redistribute things that aren't open-source. If this is really Google's qualm, and they will leave Cyanogen alone after he removes the proprietary IP, then I really don't see the problem.

    2. Re:Interesting by dada21 · · Score: 5, Insightful

      Try researching before commenting. Android is not Google's operating system. Android is run by the Open Handset Alliance. Google is a member of the OHA. Yes, Google created Android -- you or I or anyone can download Android, compile it for our hardware, and run it without paying Google or anyone a single dime.

      Google Maps, Google Mail, Google Market? They're GOOGLE'S software, not OHA's. Google wants money for them. You want it on your phone, you pay.

      Why is it so hard to see that Google and Android are not affiliated anymore. Separate companies.

    3. Re:Interesting by Enderandrew · · Score: 4, Insightful

      Why is the modded interesting?

      Android is 100% open source.

      It is possible to use non-OSS apps with Android.

      If someone was taking Linux and illegally distributing proprietary, commercial Linux apps with it, they'd get a cease and desist. That doesn't mean that Linux isn't open source because you're prohibited from illegally distributing certain closed source apps with it.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    4. Re:Interesting by evalhalla · · Score: 3, Informative

      > In FOSS however you can fork the project, which you can't here.

      Yes, you're free to fork the Android project and do whatever you want with it, it's under a FOSS license.

      What you can't do with the fork is distribute Google's proprietary apps that happen to run on Android: if you need their capabilities you have to write an alternative.
      While such applications feature strongly in the "google phone" as usually sold, they have no technical advantage, and there is nothing in the system that prevents alternative applications from taking their place.

    5. Re:Interesting by lenehey · · Score: 5, Informative

      Intellectual Property:

      Function: noun
      : property that derives from the work of the mind or intellect (as an idea, invention, trade secret, process, program, data, formula, patent, copyright, or trademark) ; also : an application, right, or registration relating to this "

      --Merriam Webster.

      To help you out even further, the word "property" means, "2 a : something that is or may be owned or possessed : WEALTH, GOODS; specifically : a piece of real estate b : the exclusive right to possess, enjoy, and dispose of a thing : a valuable right or interest primarily a source or element of wealth : OWNERSHIP c : something to which a person has a legal title : an estate in tangible assets (as lands, goods, money) or intangible rights (as copyrights, patents) in which or to which a person has a right protected by law"

      --Merriam Webster

      Are you still confused?

  2. Slashdotted... by CopaceticOpus · · Score: 4, Informative

    Google Cache

    The current state..

    The last few days have been difficult. What has become clear now is that the Android Open Source Project is a framework. It's licensed in such a way so that anyone can take it, modify it to their needs, and redistribute it as they please. Android belongs to everyone. This also means that big companies likes Google, HTC, Motorola, and whomever else can add their own pieces to it and share these pieces under whatever license they choose.

    I've made lots of changes myself to the AOSP code, and added in code from lots of others. Building a better Droid, right?

    The issue that's raised is the redistribution of Google's proprietary applications like Maps, GTalk, Market, and YouTube. These are not part of the open source project and are only part of "Google Experience" devices. They are Google's intellectual property and I intend to respect that. I will no longer be distributing these applications as part of CyanogenMod. But it's OK. None of the go-fast stuff that I do involves any of this stuff anyway. We need these applications though, because we all rely so heavily on their functionality. I'd love for Google to hand over the keys to the kingdom and let us all have it for free, but that's not going to happen. And who can blame them?

    There are lots of things we can do as end-users and modders, though, without violating anyones rights. Most importantly, we are entitled to back up our software. Since I don't work with any of these closed source applications directly, what I intend to do is simply ship the next version of CyanogenMod as a "bare bones" ROM. You'll be able to make calls, MMS, take photos, etc. In order to get our beloved Google sync and applications back, you'll need to make a backup first. I'm working on an application that will do this for you.

    The idea is that you'll be able to Google-ify your CyanogenMod installation, with the applications and files that shipped on YOUR device already. Or, you can just use the basic ROM if you want. It will be perfectly functional if you don't use the Google parts. I will include an alternative app store (SlideMe, or AndAppStore, not decided yet) with the basic ROM so that you can get your applications in case you don't have a Google Experience device.

    I'll have more updates soon as I get all the code hammered out.

    Thanks for all the support thru all of this.

    This entry was posted on September 27, 2009, 9:41 am and is filed under Home.

  3. In other words by DaveV1.0 · · Score: 4, Insightful

    This is not a work around. He will comply with Google's wishes and most everyone will be more or less happy. Google keeps their proprietary apps available for license and he gets to have his distro without having to pay for a distribution license.

    A compromise that is win-win all around.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  4. Not outmaneuvering by ddrueding80 · · Score: 5, Informative

    It isn't outmaneuvering, I'm sure this is what Google had in mind. No licenses being broken, and a strong modder community.

  5. Wait, Google != Android by dada21 · · Score: 5, Insightful

    I love my Android G1 (with Cyanogen's Mod). But Google is not Android, nor vice versa. Google created Android, and then spun it off to the Open Handset Alliance (OHA).

    This means that Google is now an application developer for Android, just like any other application developer. Android supports competitive markets (and there are at least 3 Android markets out there). Gmail isn't the only email interface, Google Maps is not the only maps interface.

    I love my Android phone, but I don't love the Google apps -- they're too intrusive. I'd love a Google-less G1, and I'm down for trying the new mod without the Google apps if it will work fine.

    Again, Google is not Android. Android is Android, maintained by the Open Handset Alliance. Cyanogen might be wiser to join the OHA, actually, and license the apps if he wants them.

  6. This is what he should have done in the 1st place by vrmlguy · · Score: 4, Insightful

    The WINE and ReactOS projects don't provide MS Office, IE or Media Player. FPGB (http://games.slashdot.org/story/09/09/29/0516251/Gameboy-Color-Boot-ROM-Dumped-After-10-Years) doesn't provide GameBoy cartridges. MAME makes you responsible for finding your own ROMs. Et cetera, etc.

    --
    Nothing for 6-digit uids?
  7. Re:So this is Google's dirty little secret by Anonymous Coward · · Score: 3, Insightful

    Android is an open source operating system. But not all apps that run on it are open source. How is that a "dirty little secret"? Google never claimed anything different.

  8. Nothing new here, really by diamondsw · · Score: 4, Insightful

    This is essentially how it works on any platform you're hacking. You can release all the open-source bits, modifications, and instructions you want (modified roms, killhdinitrd, dsmos), but the minute you combine that with proprietary software (Google Apps, Tivo software, Mac OS X DVD's), you're in hot water. So the usual result is anyone who wants to remain legitimate distributes only the modifications, and allows users to bring in the proprietary bits themselves. It's worked well, and keeps everything legally clean. Perhaps a little more work for the end user, but hacking has never been point-and-click.

    Tivo hacking, Mac OS X hacking, now GooglePhone hacking. No different.

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  9. Re:cyanogenmod by poetmatt · · Score: 3, Informative

    Market is included in the proprietary category from what I have read.

    however, I wonder if there's a market .apk that can be downloaded (you don't need market to run a .apk)

    If there is, this would resolve all problems.

  10. I am confused by Voyager529 · · Score: 3, Interesting

    My HTC Touch Pro2 ships with Windows Mobile, Office Mobile, IE Mobile, and Windows Media Player. I went to the XDA Developers forum and downloaded a cooked ROM containing Windows Mobile, Office Mobile, IE Mobile, and Windows Media Player. An Android ROM customizer gets a cease-and-decist from Google. To my knowledge, no Windows Mobile ROM customizer has gotten a C&D from Microsoft. I'm no Microsoft fanboi, but I *am* confused as to why Google would raise a stink over their product being distributed in such a way that it will ONLY be useful on devices that already came with the software. It's not like he lifted it from an Android handset and is selling it in the App Store or even ported it to the iPhone and is giving it away for free on Cydia or something like that. I guess I just don't understand how being distributed on cooked ROMs that only work on handsets that originally came with the code and will only be used by a subset of Android owners is going to harm Google.

  11. Story Still Developing by watanabe · · Score: 3, Informative

    There are a few technical pieces missing from the comments here, and this story is still definitely developing. From Cyanogen's twitter feed today: "This is about proprietary device drivers and not Google at this point. These drivers are not redistributable."

    This is a nice reminder that there's likely no building a usable phone room without infringing on some agreements. I do not expect this to change in the near future; what this means is that a sort of 'merge' or 'overwrite' or patch system will need to be put in place for people modding their phones.

    This will take a little time to build would be my guess, but isn't insurmountable; I think the complexity of building such a thing should fit inside of the typical hacker attention span that's been piqued right now.