Re: MP3 ringtones

"Roger Binns" <[email protected]>
Newsgroups gmane.comp.mobile.bitpim.devel
Message-ID <00dc01c4fc53$78c99b20$3501a8c0@rogersqyvr14d3>
> Can we do what we do with pvconv by using the Purevoice SDK?   

Technically yes.  The legal side is extremely questionable.

We could create a pvconv workalike that has to be a seperate
standalone binary, and in theory the GPL won't apply to it.
But the Qualcomm stuff does have terms we couldn't possibly
comply with.  For example we couldn't publish the code because
it would contain information related to the use of the API:

  Confidentiality. LICENSEE acknowledges and agrees that the 
  QUALCOMM PureVoice Software, all technical documentation 
  delivered to LICENSEE by QUALCOMM hereunder, and all other 
  information relating to the design, development, configuration, 
  use, operation and maintenance of the QUALCOMM PureVoice Software 
  constitutes confidential and proprietary information of QUALCOMM 
  (referred to as "Confidential Information"). LICENSEE shall 
  maintain the QUALCOMM PureVoice Software under strict confidence 
  and shall not duplicate, disclose or transfer to any third person, 
  or use any Confidential Information other than in accordance 
  with this License. 

But of course they have GPL/viral license terms:

  Derivative Rights. QUALCOMM shall have derivative rights to any 
  interface code written for or used with the QUALCOMM PureVoice 
  Software by LICENSEE.

And how do we stop people from redistributing stuff.  (Material
breaches cost us money):

 Unauthorized Distribution or Copying. LICENSEE acknowledges and 
 agrees that it is prohibited from distributing, copying, duplicating, 
 using or otherwise reproducing all or any part of the QUALCOMM 
 PureVoice Software or Application Programs, except as expressly 
 provided for in this Agreement. LICENSEE further agrees that (i) 
 distributing, copying, duplicating, or otherwise reproducing all 
 or any part of the QUALCOMM PureVoice Software or Application 
 Programs, except as expressly provided for in this Agreement, or 
 (ii) failing to protect the QUALCOMM PureVoice Software shall be 
 considered a material breach of this Agreement. 

There is no way with the huge number of terms that can easily be
interpretted against us that I am going to include pvconv or a 
binary made using their SDK that does the same thing in BitPim.
If Qualcomm want people to use their stuff then they can have
decent clear licensing terms, or actually bother to answer my 
emails once they learn that I won't be paying them anything.

So users are going to have to download and install this themselves
and deal with all the legal nonsense.  And in the future they will
hopefully pay careful attention to closed undocumented legally
encumbered formats used on their phones.

(One of my hopes with BitPim is that people pay more attention to
the internals of their phones and vote with their money for 
manufacturers and carriers who make it easy to do whatever you
want with content you own.)

Roger


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