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Old 08-21-07, 09:07 AM   #1 (permalink)
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Is it legal to use WM5 AKU 3.5.2 (A17 ROM)?

I just threw this question to Microsoft:

Quote:
I am customer of several Microsoft products and in all cases the updates are always free within same "major version".

I have a PDA DELL Axim X51v with OS Windows Mobile 5.0. Unlike other software it is not possible to obtain PDA OS updates directly from Microsoft but through PDA manufacturer.

I must suppose that DELL gets free WM 5.0 updates same way I can get free updates for the rest of my Microsoft products.

DELL has left providing updates for my PDA nevertheless exist newer updates for WM 5.0. I understand when acquiring my PDA I have acquired the right to use WM 5.0 and all its updates, as much if it is provided by DELL as if no.

I have this question: In the case of being able to adapt to my PDA a WM 5.0 update higher than the last one provided by DELL,
would it be legal its use?
(This is more or less the translation from my question in spanish)

[Edit 08.22.07] First Microsoft answer at post #40

[Edit 08.22.07] Second Question to Microsoft at post #41

[Edit 08.23.07] Second Microsoft answer at post #44

[Edit 08.29.07] The question topic of this thread gets answered here:
Aximsite/Mobilitysite Policy Changes and Stance About ROMS
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Last edited by afarre; 08-29-07 at 03:23 AM.
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Old 08-21-07, 09:08 AM   #2 (permalink)
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It is supposed I should get an answer within two days, but I published it now because whether Microsoft says yes, not or nothing I think it is legal.

Same way I think it is not legal using WM6.

Last edited by afarre; 08-21-07 at 09:37 AM.
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Old 08-21-07, 09:33 AM   #3 (permalink)
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It's a good question, and one I look forward to seeing an answer to.

I would say that common sense says that we have paid for a licence to use any version of WM5, independant of AKU version, but MS may say different.
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Old 08-21-07, 09:38 AM   #4 (permalink)
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If we would consider WM5 OS to be similar to a desktop OS (assume WinXP) then an updated ROM containing the same WM5 could be considered similar to getting a service pack for XP.

Of course there are slight differences, as a ROM contains more than just WM OS, it also contains other applications and propreitary drivers and such... But I wouldn't see a big deal to it as long as the OS is the same as the one licensed for the device.
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Old 08-21-07, 10:26 AM   #5 (permalink)
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Originally Posted by radimus View Post
If we would consider WM5 OS to be similar to a desktop OS (assume WinXP) then an updated ROM containing the same WM5 could be considered similar to getting a service pack for XP.

Of course there are slight differences, as a ROM contains more than just WM OS, it also contains other applications and propreitary drivers and such... But I wouldn't see a big deal to it as long as the OS is the same as the one licensed for the device.
You update the OS and put in the updated ROM all proprietary stuff was in your original ROM...

I think you should re-read the License Agreement, maybe it states you cannot modify your existing ROMs...
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Old 08-21-07, 10:38 AM   #6 (permalink)
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Originally Posted by Fieldmarshall View Post
You update the OS and put in the updated ROM all proprietary stuff was in your original ROM...

I think you should re-read the License Agreement, maybe it states you cannot modify your existing ROMs...
Good idea.
I am moved from home, I do not have PDA documents with me, can somebody take a look to see what it says about it?
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Old 08-21-07, 10:44 AM   #7 (permalink)
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There is a thread here about whether we should be allowed to talk about the WM5 and WM6 ROM's that are out there. The mods have allowed discussion so far as long as we don't put links on this site. I agree with that stance for the sake of keeping this site clean and informative.

If you want to use one of these ROM's, you then have to make a personal judgement as to the legality. I did the X50v upgrade (you notice is used the term upgrade) and so far I'm really impressed. I know it's a gray area to compare some of the other hacks we have seen displayed here (Widcom BT) comes to mind. This site allowed discussion about this and now you can search and find how and where to get this hack.

Again, you have to make a personal judgement to the comparison I made here. I think that these upgrades will continue as long as some bright person can make future WM versions work on our AXIM's.

Let's discuss these topics here and leave the useage up to each person individually.
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Old 08-21-07, 10:54 AM   #8 (permalink)
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but the OP has written an e-mail asking MS if its ok to use a modified rom and I myself am intrigued to know the answer. So this topic is different from that other one and I don't see the moderators having a problem with this thread. The only problem with the out come is whether or not aximsite can trust the OP to provided a truthful response... no offense meant to the OP... so unless the reply is done through the MS website, ie it states somewhere on MS.com that you can modify the roms you have ownership of for your own personal use, then it would remain illegal.
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Old 08-21-07, 10:57 AM   #9 (permalink)
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I started this thread not to discuss about hacked ROM.
It is to find out if WM5 3.2 (A17 ROM) is a "hacked ROM" without subjective opinions.

But I agree with moderators decision.
Please do not post on this thread or moderators close it until I get the answer from Microsoft (if I get any).
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Old 08-21-07, 11:27 AM   #10 (permalink)
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While waiting, any end user licensing information that it is supposed to came with our PDA will be welcome.
I do not have it with me.

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Old 08-21-07, 11:57 AM   #11 (permalink)
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A17's the unofficial designation Football put onto his Windows Mobile hack... so I'd have to say it's illegal, AND against the rules of this forum to post about.
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Old 08-21-07, 12:06 PM   #12 (permalink)
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Originally Posted by Haesslich View Post
A17's the unofficial designation Football put onto his Windows Mobile hack... so I'd have to say it's illegal, AND against the rules of this forum to post about.
Unofficial does not mean illegal, that is just your personal opinion.
You break the rules posting your opinion on this thread I asked for silent on it until get Microsoft answer.
If you have any objetive information, like license terms, will be welcome to this thread.
Please no more personal opnions.
I admit it was my fault, I should start this thread once having Microsoft answer.
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Old 08-21-07, 12:55 PM   #13 (permalink)
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Originally Posted by afarre View Post
Unofficial does not mean illegal, that is just your personal opinion.
You break the rules posting your opinion on this thread I asked for silent on it until get Microsoft answer.
If you have any objetive information, like license terms, will be welcome to this thread.
Please no more personal opnions.
I admit it was my fault, I should start this thread once having Microsoft answer.
From what I recall of the EULA, it basically says any distribution or modification of the software without permission from Microsoft is strictly forbidden. Which means it IS illegal - and given that A17's built from other ROM's out there, means it's very much modified... and in Microsoft-Land, 'unofficial' from a non-MS source usually means 'illegal'.

But short form - the MODS have already indicated that talking about a hacked ROM like A17 is not to be done on this forum. I can post the link if you want.

Quote:
1.) Effective Immediately, all discussion about Hacked ROMs are prohibited.
2.) As has been maintained all along, all links to Hacked ROMs are still prohibited.

* Anyone disobeying these rules will be cited for an infraction.
* Multiple infractions will likely lead to a ban on your account.

The owner of the website deals with infractions on a case-by-case basis, and may offer a different punishment for different infractions. This is, however, above our purview to discuss, and beyond the scope of this document's purpose to explain further.

Last edited by Haesslich; 08-21-07 at 12:57 PM.
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Old 08-21-07, 01:22 PM   #14 (permalink)
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Originally Posted by Haesslich View Post
From what I recall of the EULA, it basically says any distribution or modification of the software without permission from Microsoft is strictly forbidden
This is what I was looking for!!
It seems to me objetive enough.
But still better if we wait for Microsoft answer. I am afraid they basically will say the same.

Originally Posted by Haesslich View Post
But short form - the MODS have already indicated that talking about a hacked ROM like A17 is not to be done on this forum..
Lets wait Microsoft to say if it is a hacked ROM for people with WM5.0 licensed PDAs.
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Old 08-21-07, 02:06 PM   #15 (permalink)
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If it wasn't officially release by MS or Dell, and some user put it together.. it's hacked, especially when they admit to pulling the AKU 3.5.2 files from other ROM images out there.
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