Yay this is a very informational thread. Lots of spelling superstars here. I don't think Microsoft will take this one seriously. Just saying.
Really is no point moaning on this forum about restrictions, We all know about them, If you seriously want to be heard then use the Microsoft App Suggestion Box on wp, A lot of what has been mentioned on there is or has already been sorted.
Windows Phone has come along way in a short time and will only get better
What he said.
(I must add my tuppence worth though. Not being able to attach a file to an e-mail is a joke.)
4) install XAP: nope, no piracy. As i developer, I freeking love it.
Not really. Dev-unlocking a device is trivial.
The real problem I have with the hassle actually has nothing to do with piracy. I've bought and paid for several apps that are no longer listed on the store. The developer has disappeared or isn't interested in talking any more, and they delist the apps that I've already paid for. I understand that they may feel like not working on newer versions, I didn't pay for perpetual updates for eternity. But being able to stop me from reinstalling the app I've already paid for is idiotic. With this model, I could pay ten bucks for an app one day, have to wipe my phone the next, and permanently lose access to the application. It's rotten.
This can happen on any store.
If the developer decides he wants to remove the app, there is nothing you can do about it.
And your problem is just an isolated accident.
It won't happen anywhere you can keep an archive of your purchase.
You can say that about any incident. That doesn't mean it's not a problem.
if the dev decides the work he provided should not be available anymore, than it should be this way. You do not "buy" the app, you simply get a license allowing you to use the app, which lasts as long as the dev wants to. It works like this for any software. If you use it outside of the license, it is called piracy. Pure and simple.
You do not hold any copyright over that app, hence why you are not allowed to use it after the dev takes it away.
That's not correct. When I buy the license, I have a perpetual right to use the software under that license. The developer has no inherent obligation to improve or revise the software unless otherwise made by the license or contract, but they also have no right to unilaterally revoke the license. It's a binding agreement, and it can't be changed without the consent of the agreeing parties. This is further supported by the uniform commercial code (at least in the US):
S 2-711 (http://www.law.cornell.edu/ucc/2/2-711). Briefly, if the seller repudiates, the buyer is entitled to a refund. This does not exclude other remedies.
S 2-716(3) (http://www.law.cornell.edu/ucc/2/2-716). Briefly, if a seller repudiates, the buyer has right of replevin (action to recover possession).
Specific to this case, a seller is liable for damages if they repudiate, and a buyer has a right to take action as necessary to recover what was lost.
I'm not sure why you're trying to invoke copyright. It has nothing to do with this case.
Actually, you seem to be the one that doesn't understand. I quoted the relevant law up there.You don't understand.
You do not own the product once you bought it. It is not like going to the nearby supermarket, buy some bananas and then you own the bananas, you do not have a license to use bananas... This is an entirely different concept, enforced through DRM, because in the digital world. you can not apply the rules of the physical world.
DRM technologies limit your ability to install an app by checking it with a server. This can be applied to the same as "buying" windows. Microsoft reserves the right to make your windows not work anymore if DRM check fails (aka, you have a pirate copy), because you do not own windows, you are licensed to use it..
When the app is gone from the marketplace, when you try to install the app, the DRM fails, hence why you are not able to install it anymore.
This is because the dev has complete control over who can and not not install his works. The app belongs to him, he just licenses it to you so you can use it, and the marketplace enforces DRM.
If you were to use the app AFTER the DRM failed, you must have the copyright over the app, and own the code, which is something only the developer has, hence why he can use his own app without DRM check through side load.
All apps on the marketplace are DRM protected through ways extensively documented in the development & hacking section of this forum.
Microsoft is not responsible for any damage this might have caused to you. If you wanna settle the dispute, you contact the developer directly.
Read the terms of use before you agree to them.
Actually, you seem to be the one that doesn't understand. I quoted the relevant law up there.
If you pirate windows, you didn't buy a license to it so none of the above applies to you.
The rest of the rambling continues to show a complete lack of understanding of relevant law and the past twenty years of legal battles fought ensured the right for someone to use what they bought. As the relevant law demonstrates above, microsoft actually is responsible, and if they do not meet the responsibility to deliver, then the buyer has other rights that allow them use of what they bought.
I can read the license just fine. It says nothing contrary to what I'm saying here. If it did, it would be void where it conflicted with the law. You should consider researching basic contract law before making more claims.
I love this dicusion.
But what if the developer not under this law?
You are talking about us law's, but that they are not binding al over the globe
Android is actually much more open in this way... but I disagree that it's ignorance in any way shape or form to call out Microsoft for their user-unfriendly behavior, even if that weren't true. I'm quite fully cognizant of the fact that, for example, iOS does much the same thing. That doesn't exonerate Microsoft though, and I will call them (or anything that smacks of an apologist for them) to task over it.
Microsoft could, if they felt it was in their interest to do so, easily work around the problem you describe of developers withdrawing their apps. The obvious one that comes to mind is to require that apps published on the store be published with a copyright license that grants Microsoft the right to make and distribute copies as necessary to provide copies to those who have a legal right to possess them (that is, people who have bought the app). This would not grant Microsoft the right to sell the app directly, so the developer could still remove the app from sale. However, they could not retroactively (and without compensation) revoke the app's purchase; Microsoft would, for as long as they cared to keep the .XAP file on their servers, be able to provide a copy to whoever bought it from them.
I feel like this is an obvious solution to the problem you described... if you assume that Microsoft is acting in the best interests of its customers. Similar "right to make and distribute copies for the express purpose of..." clauses are fairly common in both copyright law and copyright licenses; for example, when uploading an app to the store, you *do* have to grant Microsoft a license to copy and distribute the app to those who buy (or freely install) it. Microsoft is under no obligation to make that a revocable license. Similarly, copyright law explicitly recognizes the right to duplicate software from a computer's storage into executable memory, including cache lines, registers, and so on. If MS wanted to, they could require such a license.
Unfortunately, Microsoft is not on our side here. They *want* to preserve the "right" (which did not exist in any legal or real-world sense until recently) to retroactively un-sell copyrighted products, without in any way compensating the purchaser. This is also true of Apple, Amazon, and most other "sellers" of DRMed goods.
Dear GoodDayToDie:
I respect you point of view but I can't go one with Microsoft the easy mom son way ..... some one should rise his hand against them and show a real image about Windows Phone 8.
because of what I said they banned my user name in Wpcentral forum ........... they don't want to see any opinion against them .......they are group of old dictator minds who they don't accept any opinion against them ............the republic of MicrosoftStan .
It is my right..........People who invested their money $$$$ in Windows Phone 7 handsets found their selves abounded without any more development for their Phones............. they make one mistake in believed in Microsoft and trusted this company and Microsoft replied back the way you know for Windows Phone 7 and this is the same reason why developers kept away from Windows Phone in general.
I now have the right to know how this OS will carry on and in which direction it is going.
Let Microsoft clear things out...........................in GDR3 they make a good progress ............... so we want the good work to keep on faster.
here I mentioned one restriction and there is alot more we will come through it.
Microsoft should come closer to people and they should start with removing the banned from my account in Wpcentral for example.
We need assurances from Microsoft that the OS will have most requested options and Windows Phone 8 users will not be abounded soon like Windows Phone 7.
So we want to know if Microsoft is a friend or enemy
The matter is that I opened this thread to collect the WP8 restrictions, in fact it wasn't restrictions but this is the way the system works.
So I pointed out that and I mentioned that I will not talk about any more restrictions in Windows Phone 8 cause it is working that way.
but WP8 people insisted to attack me & I replied back.
I tried to provide clear image and experience about Windows Phone 8, but some people just don't like that.