Originally Posted by Amarali123
Yeah, I'm aware of the CM C&D ordeal, but I thought that has more to do with the fact that it was included along with the ROM itself. Isn't it more like a grey area everytime we flash GAPPs on our own? Strictly speaking, we shouldn't, but we do just fine anyway?
And would it still be considered illegal, if the aforementioned device ran Android/GAPPs already?
Cheers for your time.
P.S. I'm EU based.
The cease and desist CyanogenMod got was a copyright issue. Basically, Google does not technically release their apps for free, instead they are included as a perk within a manufacturer licensing agreement. Think of it like this, Swype came for free with a lot of phones a few years. But, did that give you the right to distribute it for free? No. It was a payed program, and anytime it was installed on a phone Swype expected to get payed. Google applications are in the exact same category, even if manufacturers do not (always?) pay for them directly. When CyanogenMod distributed them, they were in violation of law by not having a license agreement.
As for reselling a device with modded firmware, I do not know of any law that prohibits this. Up until October of last year there were some manufacturers trying to claim jailbreaking was illegal in the USA, but they had very little in the way of legal precedent to back them up. Then, the Librarian of Congress specifically allowed it under the DMCA exeptions.
If you have not broken the law while installing your firmware I am pretty sure you would be completely free to resell that device in your jurisdiction. The only exception I have ever heard of would involve EULAs. If your device comes with a EULA stating that it cannot be resold, or that if it is resold it has to come with factory settings and software, then it gets murky. Not all jurisdictions allow EULAs to take away or modify basic consumer rights. However, at times (especially in the States) courts will uphold the EULA because the user "agreed" to it.