Is it leagal?

[arise777]

Hi!

I want to upgrade my Blue angel to WM6 but i wonder is it Leagal to do that?

thx for the help :D

[Dumdidum]

Nope officially its illegal

[arise777]

thats bad :(

why?

[SilverSamurai]

it is outside the terms and conditions of our BA...
and of course...
*** drumroll ***
Micr0$oft's Legal Hold on the WM OS Softwares.

[the_scotsman]

lol...is anything on the internet LEGAL nowadays? :p

[arise777]

it is outside the terms and conditions of our BA...
and of course...
*** drumroll ***
Micr0$oft's Legal Hold on the WM OS Softwares.

i guess :/ but cant i just buy the rights to use it,.... no i guess not..

BU!

thx for the answare thougt :)

[hatoncat]

It depends on your view of the law. Microsoft may be breaking the law by using anti-competitive tactics to force people to throw out old devices (and buy new ones... just to get the new software). If you believe that, then the EULA is illegal to begin with.

Further, unlike with desktop versions of Windows, the agreement to the EULA is never expressly made. You never click I Agree to an EULA during the initial startup. There are several scenarios where a user never would need to enter into agreement with the EULA, making it non-existent to the consumer in the first place.

Each of the arguments has legal holes in them, but so does Microsoft's... I doubt the courts will ever hash it out before Microsoft is forced to wise up and keep a steady stream of software updates until the hardware is truly obsoleted.

[vma]

I would say this:

1) It is illegal to install a firmware update for WinCE devices, unless they are provided from the device manufacturer. The reason is that the manufacturer has to pay for this update (or have an agreement with Microsoft).

2) The end-user cannot purchase the firmware directly from Microsoft. One of the invoked reasons being that the firmware needs drivers and adaptation to the device. This is done by the manufacturer.

3) Often, Microsoft actually provides the update free of charge to the manufacturer, but he does not pass it on to the end-user, because he does not want to spend money and resources in adapting the firmware for the device - he prefers to sell new devices.

4) This means that often the fault is NOT with Microsoft but with the manufacturer! In this case, HTC.

5) Regarding the unofficial firmware updates, an intersting situation arises:

a) Microsoft does not really care, if you install the unofficial, newer, firmware, as it was available for the manufacturer anyway.

b) The manufacturer does not really care, as he is not interested in the already sold devices. If you break it due to upgrading with unofficial firmware - even better: you just lost warranty.

The proof is that this site still exists...

6) Conclusion:

a) Nothing legal will happen to you, if you install an unofficial firmware.
b) You will void warranty.
c) You should not sell or advertise your device with an unoffical firmware. Downgrade it to an official firmware before doing so.
d) Read all documentations before starting an upgrade - you will be on your own, if things go wrong (it is easy, once you know what to do).

Cheers,
vma