Well, it looks to be that MS licenses the software to the manufacturer (HTC, Samsung, etc) that then customize it for hardware specific features and software and settings for the carriers.
So it looks to be a case of MS has already been paid, and it doesn't seem likely the people will create their own PPC phones and install the WM software without the license. However, they did care enough to send that cease and desist to XDA-devs a few months ago about hosting the ROMs...
The carriers would be concerned for support issues and the money generating crap software that they bundle into the ROMs (which the typical chef removes)
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I'd suggest to put your WM5 CD in your CD-ROM drive :)
I did actually... the only EULA I could find was on disk 2 for Activesync...
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ok to me it sounds like the next step is to ask dell as they have paid for the license, and could then authorize us to adjust the roms to our needs but only with WM5 if you have legally purchased it. THe site in question that has a cooked rom would be in breach of the contract because they are also providing a upgrade from WM2K3 to WM5 however if they only had the adjusted rom and dell ok'd it for us to use a modified WM5 rom we'd all be fine.
WM6 however we can't use unless we could convince dell to purchase the developers kit (like that would happen) or we purchase the developers kit and make our own with dells authorization to put it on our machines... i think...
So it looks to be a case of MS has already been paid, and it doesn't seem likely the people will create their own PPC phones and install the WM software without the license. However, they did care enough to send that cease and desist to XDA-devs a few months ago about hosting the ROMs...
That was for exactly the reason you mention: carriers were complaining to Microsoft about the alternative ROM images. It was described as primarily a support issue, though I'd be shocked if the possibility of device unbranding wasn't also a concern. In the case of Windows Mobile, Microsoft really only cares about third-party ROMs as much as any of their major partners care, since as you say, it's not like you can just build your own device and install Windows Mobile on it.
Some of you are mixing concepts. The question to Microsoft turns around the idea “I am able to do it , is it legal?”. Here we are not considering where the new files come from, because we state it is a personal maneuver and, at the end, the new files come from Microsoft and they are within same major version.
Since I got 2nd Microsoft answer I have been thinking over about it and this is my interpretation:
I said to Microsoft I want to replace SO files within same major version taken from somewhere else and they answer it is not a matter of legality. I interpret they says that because I am licensed for that major version.
If I am going to replace the files by my own I understand Dell has nothing to do with this, because the new files do not came from Dell, they came from Microsoft.
Microsoft insists in putting Dell in the middle of this and says: “it is not as much a matter of legality (…) but of functionality”. I understand they assume to be Dell the only one able to perform the upgrade.
CONCLUSION
Second Microsoft answer can be summarized in just 2 issues:
Find a document from Dell that establish any limitation against this action.
If document does not appear then…
“it is not as much a matter of legality (…) but of functionality”
For me it means: if you are able to do it, it is legal.
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You have to realize soemthing. MS's $$$ comes mostly form big corporation that buy huge bulk lisences. If a handful of consumers wants to do something that 99.9% of their customers cant do, they really arent going to care. It's a case of 'look the other way for the greater good' because if they started litigating individuals; most of whome are less than rich, it will only look bad for them (anyone recall RIAA suing "one of hte worse Music pirates in US history" and it turning out to be an 8-year-old girl living in the projects?)
IF you wrote them as a representative of some huge corporation, I think the answer would be different. That is why the responce was basically "do what you want, we dont care"
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You have to realize soemthing. MS's $$$ comes mostly form big corporation that buy huge bulk lisences. If a handful of consumers wants to do something that 99.9% of their customers cant do, they really arent going to care. It's a case of 'look the other way for the greater good' because if they started litigating individuals; most of whome are less than rich, it will only look bad for them (anyone recall RIAA suing "one of hte worse Music pirates in US history" and it turning out to be an 8-year-old girl living in the projects?)
IF you wrote them as a representative of some huge corporation, I think the answer would be different. That is why the responce was basically "do what you want, we dont care"
That isn't necessarilly true..
Call MS and tell them that just built a computer from spare parts and that you are going to install a copy of XP or Vista that you downloaded... ask them if that is OK. After all, you aren't a part of a big corp, so it should be ok... Right?
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I'm talkinga bout installing updates/hacks, not an entire pirated OS, I suspect if you asked about tweaking the interface code for a window or soemthing and applying it to your own machine they'd probably say ok. (remember, this is about the WM5 updates, not the WM6 rom --- prety much everyone here has a lisence for WM5 your scenario would apply more to WM6, since the XP/vista would be unlicensed)
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Although I agree with Radimus's general idea, I do have one comment.
With Windows PC sales, perhaps 70% of sales are to manufacturers, and 30% to end users to build their own comptuers. With Windows Mobile sales, supposedly, its 100% to manufacturers, and 0% to the end user.
Now...
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Call MS and tell them that just built a computer from spare parts and that you are going to install a copy of XP or Vista that you downloaded... ask them if that is OK. After all, you aren't a part of a big corp, so it should be ok... Right?
Sure, as long as you buy a copy of XP or Vista!
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It gives a full answer to the question topic of this thread
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