Regarding Rights To OUR Intellectual Property Here

[denco7]

In light of what I considered to be a couple of very disturbing developments, I think at this point, a dialogue/debate needs to be opened on what rights/copyrights a contributor has on the intellectual material he/she posts here.
Sakajati was abruptly censored when he suggested that future roms may be administered through a tool bar and not administered through this site.
http://forum.xda-developers.com/showpost.php?p=3288089&postcount=10332

And the way that BeyondInvisible was driven off this site by the " takers " and not supported by this site. ( the people that stole his new pay/per icons and published them for free, should have been banned). http://forum.xda-developers.com/showthread.php?p=2798052#post2798052 because he dared suggest that it might be time for all the takers to pony up.

When your work becomes widely successful ala; olinex, jockyw, sakajati, MobileMatt, JCKOTZE, Schap, in the kaiser forums, at what point does toiling around in poverty while you work hard for others for free, become less attractive than selling your work?

Who now owns your work , you, XDA, is it copyrighted? When you decide to take it private what ownership rights does XDA retain?

If you request that XDA remove your work, can they leave an archive of it?

I love this site it is the greatest resource on the net for PDA's but I think these subjects could use a good going over by the Mods and the membership.

Dennis

[NotATreoFan]

Removing SJ's toolbar was NOT censorship, regardless of how you're trying to spin it. We received several complaints from users who don't feel comfortable being required to install a toolbar just to use their favorite ROM... ask any Mod, we all get the emails. The action I took (editing the toolbar links) is the most benign available to Moderators. I could have closed the thread, and moved it to a Mod-only section while the investigation/discussion took place. Instead, I opted to merely edit out the download links.

There is no justification for requiring users to install a toolbar into Internet Explorer (or any other browser in the Windows environment) just so they can have access to a Chef's ROMs.

Now while a decision has not yet been made, I can confidently say that if SJ had promoted his toolbar as a tool to help all users of his ROMs get the latest "breaking" new on development, and NOT required it in order to obtain the password required for flashing, then we [most likely] would have allowed the toolbar to stay linked on XDA.

[rkwhyte2]

I think part of the problem here is that many seem to think that they are entitled to what the chefs produce for nothing. The hours spent porting and testing should count for something but for many it is just expected. I for one have no problem contributing what I can when I'm able. It is too bad that more don't do this.

Kirby

[asfoor]

Intellectual property laws protect the inventor/creator rights of ownership to their intellectual property in cyber media. So there is no fear but a concern for any coder that his or her work marketing could be abused or it could be stolen. That is the risk one takes without his or her choice when they share their creations with others.

I also read XDA rules, and it clearly states that soliciting anything for money is prohibited. many cooks are on the border line of asking for money rather encouraging donation for sharing the fruit of their work with others. I do not have a problem with that and believe the majority here share my sentiment. I have a problem however with someone begging for donation without any substantiating efforts, invention or creation to merit the donation solicitation. That being said, I believe SJ was a true gentleman in all of his posts and never infringed on callus donation request; having a tool bar that he feels if XDA was out ( and it was out few times in the past month) as an optional site but not alternative support site that can be accessed where members can help each other is not a bad idea.

We seem to forget sometimes that XDA site was created to help one developer another achieve excellence in the field of e-communication.

so again, I have no problem with SJ promoting his tool bar as long as it is not used to ransom donation for solving issues and i am sure like I said earlier, this is NOT SJ's intention.

[denco7]

Removing SJ's toolbar was NOT censorship, regardless of how you're trying to spin it. We received several complaints from users who don't feel comfortable being required to install a toolbar just to use their favorite ROM...

There is no justification for requiring users to install a toolbar into Internet Explorer (or any other browser in the Windows environment) just so they can have access to a Chef's ROMs.

That was one of my major points, there " was " no requirement . because there " was no rom ". You struck preemptively to something that had not happened yet, because it might happen in the future. You squashed his right to promote a private project , as many many people do here, because a few ungrateful people complained that in the future they might have to obtain the rom it SJ's way.

Had he stated that the next rom would be available only by joining his website, would you have shut him down?

My question is, at what point does a chef have the right to take his work private, and how , without any interference from this site.

Believe me, I am not trying to "spin " anything against anyone, I have a great deal of respect for you and all you have done for this forum ( we miss your input in the Kaiser world ) I just thought that it was a heavy handed response ( and yes censorship ) to something that hadn't even happened yet.
A simple PM could have alieviated the situation for the time being, while the Mods figured it out. Not a head on erase everything, assault SJ's right to promote his work and wares.

And I would say again, that the integrity of this site depends on people to share openly and honestly without fear of unjustified reprisal, SJ has said that he will not for the time being, take any new roms private. I think that is enough for all his links to be restored. If not, what other definitions of censorship do you have ?

Your opinion is respected. But the appearance was that he WAS requiring people to use the Toolbar to get the Password for the ROM.

Sakajati can do what ever he wants with his ROM, if he chooses to require the Toolbar, that's his choice. If XDA, the people who maintain and provide some presence for his ROM here say that's not in the spirit of the community, then he can release the ROMs on his website soley.

Basically you have to follow certain rules to post your stuff on SourceForge, so think of at as the same thing.

You seem to be the only one with a problem. sakajati is a great guy and is being cooperative in the investigation.

There is written law and common law. This falls more into to "Common Law" area, which is why I said it was a Grey area.

I brought this over from the Hyperdragon thread to here, to discuss.

I just want everyone to know, this has more to do with the big picture than it has to do with sakajati. This has nothing to do with NATF or with jimmy and I am probably not the only one who has a problem with the way it was handled. I am just the one with the big mouth:D. And we all know that sakajati would never say a word or give anything less than his full cooperation.

I just want someone to tell me not just for SJ, but for the good of the whole community and as a precedent for future complaints of this type, why SJ couldn't have been shot a PM asking what his intentions were, and if they approached a grey area, he could have been informed and he would have cooperated. End of any problem. It is not like there was any urgency, as I said before, there was no requirement because there was no rom.

And if people did over react then it is good for everyone to get a dialogue started. That is what this site is all about.

Thanks guys for doing a great job !

[JimmyMcGee]

That was one of my major points, there " was " no requirement . because there " was no rom ". You struck preemptively to something that had not happened yet, because it might happen in the future. You squashed his right to promote a private project , as many many people do here, because a few ungrateful people complained that in the future they might have to obtain the rom it SJ's way.

Had he stated that the next rom would be available only by joining his website, would you have shut him down?

My question is, at what point does a chef have the right to take his work private, and how , without any interference from this site.

Believe me, I am not trying to "spin " anything against anyone, I have a great deal of respect for you and all you have done for this forum ( we miss your input in the Kaiser world ) I just thought that it was a heavy handed response ( and yes censorship ) to something that hadn't even happened yet.
A simple PM could have alieviated the situation for the time being, while the Mods figured it out. Not a head on erase everything, assault SJ's right to promote his work and wares.

And I would say again, that the integrity of this site depends on people to share openly and honestly without fear of unjustified reprisal, SJ has said that he will not for the time being, take any new roms private. I think that is enough for all his links to be restored. If not, what other definitions of censorship do you have ?



I brought this over from the Hyperdragon thread to here, to discuss.

I just want everyone to know, this has more to do with the big picture than it has to do with sakajati. This has nothing to do with NATF or with jimmy and I am probably not the only one who has a problem with the way it was handled. I am just the one with the big mouth:D. And we all know that sakajati would never say a word or give anything less than his full cooperation.

I just want someone to tell me not just for SJ, but for the good of the whole community and as a precedent for future complaints of this type, why SJ couldn't have been shot a PM asking what his intentions were, and if they approached a grey area, he could have been informed and he would have cooperated. End of any problem. It is not like there was any urgency, as I said before, there was no requirement because there was no rom.

And if people did over react then it is good for everyone to get a dialogue started. That is what this site is all about.

Thanks guys for doing a great job !

My Friend read this... Just uploaded the cab to download center. It will add [Slide down for call functions] feature.

*** Please all of you install my toolbar [mod edit: link removed], this is the tool that will keep you updated and you will receive alert/message via the toolbar for news and announcements regularly from me. If you're using HyperDragon ROMs, you have to install it since the next rom release will be password protected and you'll get the password only via this toolbar :p. No adware, spyware, crapware, underware, read the Toolbar Privacy [mod edit: link removed]for details.***

Read the Green Parts. The general consensus is IF sakajati REQUIRES people to use the Toolbar to use his ROMs, he is no longer contributing to the XDA ROM Community.

sakajati is ALLOWED and not censored to require this if he so chooses. However the ramifications are, that he would no longer be allowed to advertise his ROM here.

The "common law" rule is, if you post a ROM on XDA, you are contributing to the community and the ROM shall have NO STRINGS attached. No requirement to Give Money, no requirement to have a toolbar installed.

If sakajati wishes to offer his toolbar as a way to stay in "constant contact" with him, then I don't see a problem. But the release of the ROM shall not be contingent on the toolbar. At least not while it is advertised on XDA.

And P.S. lets not get into calling ROMs Intellectual Property, because honestly, ROMs are Microsoft's I.P. All chefs do is tweak, improve and skin ROMs. And I don't mean to take anything away from chefs awesome work by saying that. So saying sakajati's ROM is his I.P. is like saying you taking you Toyota Celica, painting it Pink with Green Racing strips and boring out the engine, makes that car your I.P.

But as NATF has said, no final desicsion has been made, I only type this reply to give full disclosure, to show that our intentions are not to censor.

Thanks. :)

[denco7]

If sakajati wishes to offer his toolbar as a way to stay in "constant contact" with him, then I don't see a problem. But the release of the ROM shall not be contingent on the toolbar. At least not while it is advertised on XDA.



But as NATF has said, no final decision has been made, I only type this reply to give full disclosure, to show that our intentions are not to censor.

Thanks. :)

Since this has all been put to rest, I just have some final thoughts and then I'll shut up.

It was never about XDA's/Mod's disapproval as to what he intended to do, you all are entrusted with the success and smooth running of this site and have every right to administer this site as you see fit, (as I have every right to question why ) And it was not really about SJ, he was just the vehicle of my overall concern about creative people leaving this site because of real and perceived ( do it our way or get out ) disagreements.

I guess I just wanted to know, if people decided to take their projects private,such as a new rom, would they still be welcome here to support older projects or develop new projects here ( that fell within XDA guildlines ) and while supporting their projects, could they in a subtle non-commercial way, direct people to private/financially enhancing projects.

And of course I still object to the way it was handled, that sort of, " we are taking it all down until we decide " way of doing it, is something that happens to noobs that don't know any better. Not to someone who has done as much for, and contributed so much to the Kaiser community as sakajati has done.

The Mods always preach, " if you have a dispute with another member, take it to PM, " Unfortunately this great advise wasn't followed, and I am glad that SJ was not offended by this and did not pack up his toys and go home ( like unfortunately other members have done )

And I am sorry if " I " have offended anyone, that was not my intention. I love this site and think that discussions like this benefit the longevity of this site. I am glad everything has been resolved and I will shut up and go away now:D

Oh yeah ........one more thing:)

And P.S. lets not get into calling ROMs Intellectual Property, because honestly, ROMs are Microsoft's I.P. All chefs do is tweak, improve and skin ROMs. And I don't mean to take anything away from chefs awesome work by saying that. So saying sakajati's ROM is his I.P. is like saying you taking you Toyota Celica, painting it Pink with Green Racing strips and boring out the engine, makes that car your I.P.

Tell that to Chip Foose and Orange County Choppers. They take other people's parts, design and tweak and create masterpieces worth hundreds of thousands of dollars. Your telling me a Foose Design isn't intellectual property?:D

[scotchua]

The Mods always preach, " if you have a dispute with another member, take it to PM, " Unfortunately this great advise wasn't followed, and I am glad that SJ was not offended by this and did not pack up his toys and go home ( like unfortunately other members have done )

And I am sorry if " I " have offended anyone, that was not my intention. I love this site and think that discussions like this benefit the longevity of this site. I am glad everything has been resolved and I will shut up and go away now:D

This is not an issue of personal disagreement, it is a violation of our rules of operation. When we see questionable activity, we will always take the action of stopping the activity, contacting the OP, and trying to resolve it quickly. I am sure SJ understands this as well as anyone here that it was nothing personal, and simply just S.O.P. around here. It's a lot easier to take down a problem for a couple days, and then let it back up with an apology than it is to remove it after we've debated.

As for you question about prior contributions, of course anyone is welcome to support anything that they have and continue to offer that is in compliance with our rules here. Nothing even stops a user from selling some stuff, and giving others away. It's just that they can't post the stuff they're selling here, just the donation ware.

[parleyp]

I have just a couple points. The Phoenix team has a separate website we use for tracking bugs and other discussion so we don't clutter up this site. However our intent is to foster creativity, open communication and cooperation among users and chefs which we hope results in better products for the users of this site. So don't always think a private website like ours or SJ's is a bad thing.

However, I would like to point out what was only stated one time in the thread--the guts of these roms are the ip of microsoft and htc. Now as chef's we find other bits and pieces that are added--and these are the ip of their creators. Sometimes we contribute our own ip--like skins, icons and very specific know how to get the roms to help our devices perform at peak efficiency. But anyone who would try to take a rom private and sell it, would have some major issues without first getting license to do so from MS, HTC and those other people who own the other intellectual property.

There are many examples of apps that were developed by talented people here that have gone commercial. Those apps are still discussed and linked to here because they all have trial periods. There is nothing wrong with commercializing your own ip..The wrong comes when you commercialize ip that you don't own or haven't properly license.

So let's continue a great tradition of creativity. I believe that this site is the primary reason that HTC and microsoft keep trying to make a better operating system. This site is where many ideas come from. This site gives the OS life beyond the normal experience.

[JimmyMcGee]

(snip)

Oh yeah ........one more thing:)



Tell that to Chip Foose and Orange County Choppers. They take other people's parts, design and tweak and create masterpieces worth hundreds of thousands of dollars. Your telling me a Foose Design isn't intellectual property?:D

Pfft Those Posers :p

[Joezhang]

some confused thinking here -

A cook can ask for a contribution for his time but there is no way he can claim that a cooked rom is his IPR because it's belongs to someone else start with - no licence to modify has been granted!

Now creating programs from scratch, that's a different issue and how they want to deal with payment is upto them.

[-PiLoT-]

my theory is whoever created the forum and then got ppl to volounter to mantain it


ITS THERE FORUM

Its really up to them what they want to do