Is it legal to post ROMs?

[Little Mo]

What is the legality of posting ROMs? Some other sites are blocking me from posting my HP4700 rom to help a guy out who needs the original. They claim it is illegal.

So, If you don't mind I will post it here?

https://www.moriahsweb.com/ipaq.rar

FYI, this place is amazing. I am thinking about getting XDAII again just so I can use this site again. Granted the VGA of the 4700 is awesome but it is just not as fun as all playing with all the hacks and modifications of the XDA.

Any one have any input on the legality of posting ROMs? I am quite interested.

[Fresh Freddie]

Hey, my first post too :D

It's a good question.
Although I only installed an official i-Mate ROM at the weekend I don't remember if there was a licence agreement to click through when I ran it.
My guess is that ROMs are copyrighted software not for redistribution but I look forward to seeing an informed response.

[Little Mo]

Well here is some of the EULA


The EULA specifically says "The SOFTWARE is licensed, not sold." which I interpret as if you have a license for your device then you are legally entitled to use the copy. Plus Section 3 also stated that if the "download is labled 'For Recovery Purposes Only', you may install one copy of such DEVICE Software onto the HP iPAQ as a replacement copy for the existing DEVICE Software and use it in accordance with Section 1 of this EULA."

So if I am posting for the specific reason to be able to restore a device to its factory state it should be legal right?

[Fresh Freddie]

I'm an accountant rather than a lawyer, but I would ask 'which download' ?
Is that saying that you can upload here with specific label to say "For Recovery Purpose Only" or is it saying that the ROM you downloaded from the operator / manufacturer site already has that restriction ?

Does it say anywhere that you can redistribute to others for recovery purposes only ?

This question fascinates me, but I apologise for boring others

:roll: :wink:

[Little Mo]

Here is the actual paragraph

3. UPGRADES AND RECOVERY MEDIA

DEVICE Software. If the DEVICE Software is provided by the manufacturer separate from the HP iPAQ on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labled "For Upgrad Purposes Only" or "For Recovery Purposes Only", you may install on copy of such DEVICE Software onto the HP iPAQ as a replacement copy for the existing DEVICE Software and use it in accordace with Section 1 of this EULA.

So this might be telling me that only the manufacturer can provide the Software? Maybe my providing the ROM falls into "other means".

Mostly I don't care if it is "legal" I am just trying to figure out what makes the other boards I posted on have a hissy fit.

[Fresh Freddie]

I don't think so.
Nowhere does it give you permission to redistribute, which is why other forums worry about getting sued.
I don't care either but we all know how these companies operate.