Google hits Android ROM modder with a cease-and-desist letter
By Nilay Patel 
posted Sep 24th 2009 10:26PM
posted Sep 24th 2009 10:26PM
[Via Android and Me]
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Cyanogen is the biz!!! i hope this doesnt really affect his awesome work. He's the reason I android is the BEST!
Title should read "Google hits Android ROM modder with a cease-and-desist letter in a fit of jealous nerd-rage"
truth.
Damn straight.
Talk about an efficient way to kill off any community and good will that had grown around this platform.
What's even more amusing is the fact that apple's endured far worse, and has done far little in response with the iPhone OS. I'm usually one of the first to get irritated at apple, but this is an amusing reversal of the norm...
This day will be written in history as the day Google turned... EVIL!!!!!
You know, this is the reason I went G1/Android over iPhone... because Android is open. If Google persists, I will just go over to the iPhone... at least Apple is consist... and the hardware is nicer.
I bought the G1 for the dream of an open handset...
No way they should allow somebody to make their product better and more popular...
Instead of cease and desist, maybe they should hire him.
You summed it up perfectly.
CyanogenMOD is what Google should have pushed out the door on day one. I love my G1, but to be honest - it was unusable until Cyanogen came out. Finally I have a phone that is responsive and works and holds more than 72mb of apps.
google and apple should have a fruit laden orgy.
Sounds like either a prank or a newbie lawyer coming to terms the lack of testosterone in his career path. Either way, this is very un-Google like...
Message to Google:
Pull your heads out of yer arses. You're trying to compete with Microsoft, Apple, ect. You can't do that by acting the same as them!
Not totally unlike Google. Have seen this before from them, I remember a great gps tracking program a few years back which used Google Maps (way before latitude). They are still a big corporation now remember . . .
You see, this is exactly why Android sucks. Its touted as being so damn open...oh, EXCEPT these parts with our name on it...you can't touch to those! I mean, either its totally open source and GPL'd or it's all closed. One or the other. Who does Google think they are...Microsoft or something?
There's nothing wrong with having an open system that has some closed components. Like it or not there are businesses out there and they can't let some of their work be open sourced for many reasons. From security to protecting trade secrets. And technically yes, Google is right about this. This Android mod doesn't have the actual right to redistribute Google's applications. There's nothing stopping them from doing their own open source implementations anyway so they might as well.
many closed source applications have been made redistributable under certain terms (like acrobat reader, quicktime, etc)... i think google needs to reevaluate its approach to the matter.
Don't user technically have a right to have the google apps anyways? Every android device comes with them. This is stupid. Me downloading a cyanogen rom is not stealing apps. This is not the intention of copyright laws. I own a license to use those apps. I should be able to download them from where ever I want. This is fair use.
"either its totally open source and GPL'd or it's all closed"
False dichotomy. There's nothing in the GPL that is incompatible with distribution with non-derivative works that are not open source. Further more, the GPL does nothing for trademark claims, e.g. derivative works of Firefox cannot use the Firefox branding.
Ummm... Microsoft is pretty darn open with their mobile devices. Just ask any of the numerous people running two versions ahead of the official release (6.5.1) for free.
In my mind Google is the only competitor I'd consider if I moved away from WinMo... at least, unless this kind of news becomes a regular thing and Google goes all Apple on everyone (shudder).
Seriously, Google. If they are able to use this software at all, they probably bought your damn device already! Who cares if they mess with it after that.
Why compare Google to Microsoft? Microsoft has never tried to shut down the WinMo ROM modding community.
"Who does Google think they are...Microsoft or something?"
Heh. Like Santy said I'll take Microsoft's policy on ROMs over Google's any day. My now ancient (2+ year old) phone runs WM 6.5.1no problem, with the latest 2D version of HTC Manila thrown in the mix.
@SoulinEther
The problem is, Google charge HTC and other handset manufacturers a fee to allow distribution of the applications. There are also licensing terms and conditions attached to the distribution.
Google can't let Cyanogen distribute the apps without using the same mechanism. It's the copyright protection stuff again.
I run Cyanogen's rom (4.1.11.1) and aside from a couple of bugs it's the best rom I've run, especially the ability to flip back and forth between other rom versions.
Gotta let this slide or Android will never take off!
PLEASE SING THIS PETITION telling google to leave cyanogen alone
http://www.petitionspot.com/petitions/cyanmod/#signpetition
I love cyanogen, best mod at this point imo.
This is very ungooglelike of google, guess the whole "opensource" part isn't so open.
I think you're misunderstanding. They have no problem whatsoever with you modding the OS, and it IS open source. The problem is that Cyanogen is redistributing applications that Google sells.
Now I can see why that would be confusing to the end user, because you don't pay for Google Maps, GMail, etc., but the phone companies do. Any carrier who wants to sell an Android phone has the option of buying the "with Google" branding, which includes those Google apps. But with CyanogenMod, it no longer matters whether the Android phone is a "with Google" phone, which directly affects Google's ability to profit. Google is by no means a money hungry corporation, but they gotta make money somehow, and they need to protect those ways that they do make money. I'm sure they're feeling a lot of pressure from investors when carriers ask the question "why should I pay for Google branding when users can just get the same experience on their own?"
this is bs, cuz how else are we supposed to get a good version of gmail, youtube, or maps. we could get some jank versions ported/hacked over, but with an experimental or less than full speed rom, the least we can have is these apps, cmon google ur better than this, or so i once thought.
Before this turning into another sensational headlines with sensational flames, the modder is hit with the C&D Letter because he is distributing the closed-source parts of the Google's software without permission, which pretty much means that he is distributing warez.
Rather than making it sound like it's an all-or-nothing deal, I'm quite sure the modder can resolve the issue simply by *not* packing Google's software along with the mod, which is a fair enough middle finger to getting a C&D Letter.
The problem is that Google doesn't provide their built in apps on the Market, so if he didn't package them in, then there would be no way to get the Gmail, Calendar, Youtube, Google Talk, among other apps. Hell I don't even know if they'd allow him to even keep stuff like the Alarm Clock and Browser. The only built in app they have on the Market is the newest Google Maps, but thats only because they didn't want to wait till Cupcake update had come out.
He could release a rom builder tool that would strip those apps out of one rom and add them to another as long as he's not distributing the copyrighted works themselves.
Oh come on. Gmail? Google Maps? They don't want this guy distributing that? Aren't those free downloads that would be included in the stock ROM?
You know what people include with WinMo roms? Microsoft Office! Why can they do that while it's "totally justifiable" for Google to send a CD letter?
There's always some anal-retentive legal snob that comes in and defends the giant company squashing the little guy. "Let's not get worked up here, it's totally legal and justifiable, guys!" A lot of things that are legal are useless and stupid and if you don't get worked up over it nothing changes.
Those are core apps. WIthout them, the rom is a joke. Google needs to fix this, fast. This is what gives them a competitive edge over iPhone... the fact that they allow users to "own" their hardware, and do with it what they want. If they castrate those that make the cutting-edge roms, the hardware is useless.
I'm currently running this (actually the 4.1.11.1 experemental) and it's fantastic.
I don't know why Google would want to shut something like this down, especially since the phones shipped with those apps anyway, this is just an enhancement on the user experience...
interesting to see how this plays out, I'm on the Cyanogen side for sure
Those apps are licensed for google branded phones. He is only releasing them on the same phones, so how is this a licensing issue?
I suppose GMail is arguable, but Maps is available on the Market. Doesn't really make any sense..?
Karma's a bitch, eh?
Not even Apple sent out a C&D to the iPhone Dev Team. Wow.
Thats because they only distrubute patches. If they packaged complete images of iphoneOS it would be a totally different story.
i just upgraded to this over the weekend, and I really love it. It's a fantastic ROM that really has made me happy I bought a G1. I've had absolutely no slow-down issues since I used it!
That being said, I'm sure he can simply not include the google apps with his ROM, and continue on with his development. I see where Google is coming from, and hope that Cyanogen can continue after this little hiccup.
"Don't be evil" my ass.
That's the best response here.
Naw, man.
Google changed their "slogan" years ago.
It's now: "Don't be evil, unless required to maintain a profitable business."
how do you sing a petition?
why doesn't he just omit those apps from the rom and include instructions to roll it yourself?
Simply amazing. Not even Microsoft does this to its Windows Mobile ROM modders. Check out the XDA Developers forum where you'll find literally dozens of Windows Mobile ROMs that have all sorts of Microsoft software included.
wow... google getting a little jealouse there... and pissed :)
but thats always good hehe, means they didnt make it smart enough, and it will increase their security next time.
Aha... I was WAITING for someone to finally bring up the "don't be evil" phrase and overdo it, thus proving that nobody really knows what it means or doesn't care or just wants to use it when it suits them.
You were waiting for that? Like, waiting so hard you had to use caps lock?
I usually only wait for cool things.
Well, one must have really low expectations while waiting for anything worthwhile on engadget.
Open platform my ass. Get a proper Linux platform. Even MS don't do this in regards to ROM cookers.
there goes ''Holy and Benevolent Google " for ya.
Didn't google just hijack ie8 with chrome? What's good for the goose blah blah
Maybe google should put that guy on the payroll or buy his tech - everybody can win
This is what I've been thinking for awhile... Microsoft would've given him options and his own dev team by now...
I couldn't agree more. Google needs to (god forbid) admit defeat on this one... Cyanogens G1 Rom is far, far better than the Cupcake update. Putting the best developers on payroll would benefit the system, the consumer and google as I'm sure they would make far, far more in the increased revenue from better products than the fat paycheck they should be giving Cyanogen each year.
1) Hire Cyanogen
2) ???
3) Profit!!
Yes, hire him. I haven't rooted my phone yet, but if Cyanogen's improvements were part of the next major Android release, we wouldn't really have to. Most people just do it for the improvement in performance, and nothing else. Why not take what this guy did and make Android better, better, better? C'mon google. Do some good here.
wow I just downloaded this mod 2 days ago and it's the reason I'm keeping my Mytouch 3G. Without the mod my phone is so sluggish. If I lose this mod, I'll def switch to the new blackberry onyx when it comes out.
This is shameful, I like it when I have flexibility in an OS, the main strength of WM is that the Rom can be altered to one that fits your needs. Dont do this google, you have fallen a long way in my books.
I made an app petition. It's now on the Android Market.
http://www.cyrket.com/package/com.mhuang.savecyanogenmod
Eat this, Google.
Singing is easy. You just adjust the pitch of your voice in a melodic fashion, while saying the words.
In this case, the words are:
Weeeee,
The un-der-signed, request that google
stop taking action, against the developer
knooown as Cyaaano-geeenn!
Come on, now! Everybody!
I really been thinking this for a while, but then I didnt really wanna say it .. but now I'm sayin' it cause fuck it I'm thinking it:
Google sucks.
Google, if you think this is stopping us from rooting our phones, your sadly mistaken. Learn from apple, there's no way to beat the developer community...
I dont understand why he doesn't just remove the apps from his ROM, then tell us a way to just put them on there manually. We can always get the .apk's of any apps right? So then the C&D wouldn't work in this case?
Correct me if I'm wrong.
I mean honestly. Is it any surprise that Google are finally acting like the large corporation that they are? This is just standard practice for large business. You know condemn your customer base for no real reason.
Fuck you Google. >:(
Seriously google? WTF? Don't be evil.
Google you got to be shitting me! What type of BS is this? This type of action makes me not want to pick up another Android phone/device. Keep it going Google just a little more to go and you'll be an Apple.
Google too busy sending out C&D's to put the Android Developer Challenge Judging app on the market for us?
It's almost October...
It's been up since this afternoon.
Either Google needs to give cyanogen a license so he can continue to distribute the apps, or cyanogen needs to distribute the ROM without the apps but with a utility to include them from the current ROM.
Either way he will be able to continue distribution legally. The first way would make it easier for Android customers. The second way will just leave people pissed at Google.
Acme and Kevlar, that was awesome. I truly think petitions would be taken more seriously if everyone showed up in front of the party being petitioned and sang the petition. ^_^ Well maybe not everyone, maybe 5 to 10 of the more musically inclined members that signed the petition?
I love this mod only reason I got a g1. Why does google even care about this?
I didn't see the part where they said "stop distributing the rom" They just said don't package our closed source applications in with your modified rom. Or am I missing something?
WOW. Just WOW.
Wait, let me say that again.
WOW!
And you Android guys were arguing that your precious mobile OS was as open and as customizable as WinMo.
What do you guys have to say now?
There are right now, hundreds of WinMo ROM's floating out there on XDA-Developers and PPCGeeks. HUNDREDS.
WM 6.5 has been out for months now, cooked into ROM's for download before a single phone in the world could be bought off the shelves with it on there.
ROMs that have torn the OS down to its registry settings and rebuilt back up with new drivers, apps, and OS editions have come and gone in the world of WinMo with nary a reproval from Microsoft.
But this?
This simple ROM evokes a cease and desist from Google.
What do you have to say now?
What I have got to say? That it wasn't the ROM, but the closed source apps?
WinMo is now OFFICIALLY the most open platform out there.
Like I said, HUNDREDS of ROM's are floating around out there with new drivers, registry settings hacked and tweaked to enable and disable features, and entirely new OS's that have leaked out of Redmond before even hitting commercial status, with nary a cease nor a desist from Microsoft.
Would love to hear what you Android fanboys have to say, seriously.
Oh really? http://www.boygeniusreport.com/2009/03/14/microsoft-issues-take-down-notices-squashes-popular-windows-65-cooked-rom/
Mr Doe:
Can you provide evidence other than that hoax?
If not, Mr. WindowsFTW remains correct.
Ya really John Doe:
http://forum.xda-developers.com/
http://forum.ppcgeeks.com/
Have at it, HUNDREDS of WM 6.5 ROM's to choose from, dating all the way back to earlier in the year.
Microsoft hasn't put a stop to any of this.
Windows, go to the very website you posted, xda developers, and you'll find other android ROMS as well, with Donut baked(fried?) in before it came out.
I have this to say:
http://www.xda-developers.com/modules.php?name=News&file=showarticle&threadid=294142
Nary a reproval from Microsoft indeed....forunately Microsoft saw the light. Hopefully Google does, too.
The difference is that MS didn't follow through on their reproval.
Google has.
Microsoft DID follow through on xda-dev - the FTP was cleared out within a week. They eventually recanted.
Here's the thread: http://forum.xda-developers.com/showthread.php?t=294142
You guys are idiots. This was done because it was the first 6.5 release. It wasn't a hoax. Look at the date. MS did do this. Call them up and ask if you don't believe me. This was all over the net earlier this year. I like MS as much as the next but stop sucking their cock and think for a second.
so what does open source mean? Play by rules... I don't quite get it...
Google, YOU FAIL.
Wakeup before its too late !
and here comes maemo - as open as it should
I can only think Google is worried because the Cyanogen guy started making money some how.
I might get downranked for defending Google here,
But,
I always get annoyed when people complain about behavior that is entirely within the rights of the company.
I'm sorry, but as beautiful as the mod is, packaging licensed software with it Was Not Smart.
Complaining that Google is "evil" here is telling them that they don't have the right to set the terms under which their creations are distributed. If I was a software designer and somebody said that to me, I'd tell them to f themselves.
Comparisons to Microsoft's turning a blind eye doesn't change the fact that Google is within its rights.
Plenty of companies that promote open source software also expect their own copyrights to be respected. There is nothing "evil" about that.
Then why even make the OS open source? People wouldn't be nearly as pissed if the OS was open source. You remove the google apps and the thing is pretty much useless.
So while you're going on about corporate rights you're telling us we aren't allowed to execute our right to complain?
@coolbho3000 great idea for that app, looks like there are hundreds of 5 start "signatures" already. Nice work.
This irks me didn't they say you could build android the way you like integrate google maps and stuff in there android videos can someone look at them I'm on my g1 typing this that's bull-shit I think we all know what's this is about Cyanogen ruining there debut of the new market and features and that engadget and gizmodo post plus the fact he could build patch and distribute donut before google even got close to there finish line
Your assiduous aversion to punctuation is interrupted only by apostrophes, which you use perfectly.
@notselfcreated
Nice use of yesterdays word of the day.
http://dictionary.reference.com/wordoftheday/archive/2009/09/24.html
Um, you do know that just because you're typing this from your phone, that doesn't exclude you from using punctuation, right? Instead of 25 sentences strung together, just double tap the spacebar and add some goddamn periods.
Sorry about the flame. Bad grammar kills me and using technology as an excuse is like saying you can't learn to actually play baseball because you're too used to playing MLB2009 on xbox.
The base android package actually doesn't include those apps (you can tell by looking at some of the prototype phones, they don't have these apps), so that is probably why they sent the cease and desist letter. However, it does seem like very good PR to do something like this.
er...DOESN'T seem like very good PR.
I guess you never heard the old addage "there is no such thing as bad press".
Most people dont care but will remember the name, in a the last few days people will have noticed the pre mentioned alot, now there is android again to even it out.
So much for Android allegedly being superior to other platforms because it's open.
I bought Android because it was suposed to be open source. Thanks Google for ruining your image. Let us use our phones how we want to use them