Formal request for source code

jumoog

Senior Member
Jul 11, 2013
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Before i buying a device im checking their source background.

What do you expect if you buy rebranded low price stuff?
I bet you dont even have a warrenty and you want their kernel code... Btw if you download Kernel sources for sgs 4 you cant compile it too. Because not all parts of their kernel are under gpl (good example is nvidia gpu driver)

If you look @ leaked kernel sources you will see that their code is not under gpl
 
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xboxfanj

Recognized Developer
Apr 24, 2011
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It is legal to sell GPL software, however, the price of source may not exceed the price of the binary.

Straight from their FAQ: Does the GPL allow me to charge a fee for downloading the program from my site?
Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide “equivalent access” to download the source—therefore, the fee to download source may not be greater than the fee to download the binary.

Technically, the fee for the binary could be considered the price of the device, so as long as the price of source does not exceed the price of the device, it seems to me that there is no violation.
 

xboxfanj

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And is it legal for MTK, to simply put an new licence header on some of the /kernel files ?

Becouse right now their source is an mix of:


apache + GPL license + proprietary source, its an mess !


Regards
I would imagine not. Their entire "BSP" is a total mess. It's weird how they try to get around giving source, but a lot of this source isn't required such as the HAL code.
 

xboxfanj

Recognized Developer
Apr 24, 2011
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Before i buying a device im checking their source background.

What do you expect if you buy rebranded low price stuff?
I bet you dont even have a warrenty and you want their kernel code... Btw if you download Kernel sources for sgs 4 you cant compile it too. Because not all parts of their kernel are under gpl (good example is nvidia gpu driver)

If you look @ leaked kernel sources you will see that their code is not under gpl
NVidia gets around it by using external modules and not using GPL symbols.

SGS4 kernel should compile; could be a compiler issue or one of the random ones that comes up sporadically (such as headers (#include <linux/header.h> fails so you have to #include "../../include/linux/header.h" instead)).
 

Lokifish Marz

Inactive Recognized Developer
Mar 13, 2011
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I'm really not trying to put every piece of info we have out there but here's some more info.

MTK is precompiling and sending it to Umeox
Umeox adds their APKs and edits then repacks
The edited repack is sent to the factory to be flashed.

MTK does not give Umeox source code at any point as Umeox has not paid for the license nor has Umeox agreed to the NDA that accompanies it. So if Umeox pays for the licensing then they are bound by the NDA to not release source.
 

superdragonpt

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Apr 27, 2013
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I'm really not trying to put every piece of info we have out there but here's some more info.

MTK is precompiling and sending it to Umeox
Umeox adds their APKs and edits then repacks
The edited repack is sent to the factory to be flashed.

MTK does not give Umeox source code at any point as Umeox has not paid for the license nor has Umeox agreed to the NDA that accompanies it. So if Umeox pays for the licensing then they are bound by the NDA to not release source.
Yes
that isn't new, MTK always force OEM's to sign NDA's.

i'll help you out :D

1.) extract boot.img to get Ramdisk content

2.) from their we can create a Device Tree and can build Android
Lol


Regards
 

Neuer_User

Senior Member
Jul 16, 2010
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If anyone really wants to get source code for the Omate TrueSmart, the only way I can imagine is this:

Go together with FSF and sue Pearl in Germany.

Pearl sells the Omate TrueSmart under a different name with a different casing, but everything else the same. Pearl is big enough to be able to mount a law suit against Umeox, which again would need to go against MediaTek. Pearl is located in Germany and sells also in France, Austria and Switzerland. All those countries have a rather GPL compliant law system.

Without a law suit I don't see much chance to go up the ladder to MediaTek.

So, first thing should be to go and talk to FSF if they would support us against Pearl. If yes, let's go ahead.
 

dedesuper

Senior Member
May 28, 2013
95
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0
MTK Source Codes

I'm really not trying to put every piece of info we have out there but here's some more info.

MTK is precompiling and sending it to Umeox
Umeox adds their APKs and edits then repacks
The edited repack is sent to the factory to be flashed.

MTK does not give Umeox source code at any point as Umeox has not paid for the license nor has Umeox agreed to the NDA that accompanies it. So if Umeox pays for the licensing then they are bound by the NDA to not release source.
Lokifish you are completely right.
The PCB come already precompiling and the software manufacture just assembling the PCBA and after they making there own adjustments.
I will happy to help all of you and get you the Source Codes but its like fighting to a Wall, it is very hard to get that.
Also dont count that MTK6572 will receive soon an upgrade for 4.3 or 4.4KitKat you are loosing your time on that.
At my side I am fighting to get the source codes also for the MTK6572 because we will have a Low cost smartwatch running on this Chipset.
If I will succeed will be happy to help all of you .....

Best Regards
Damien Douk
A.I Watch Creator
www.aiwatchtech.com
 
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Lokifish Marz

Inactive Recognized Developer
Mar 13, 2011
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If anyone really wants to get source code for the Omate TrueSmart, the only way I can imagine is this:

Go together with FSF and sue Pearl in Germany.

Pearl sells the Omate TrueSmart under a different name with a different casing, but everything else the same. Pearl is big enough to be able to mount a law suit against Umeox, which again would need to go against MediaTek. Pearl is located in Germany and sells also in France, Austria and Switzerland. All those countries have a rather GPL compliant law system.

Without a law suit I don't see much chance to go up the ladder to MediaTek.

So, first thing should be to go and talk to FSF if they would support us against Pearl. If yes, let's go ahead.
Pearl also gets their watches from Umeox so it would be Pearl>Umeox>Mediatek, we are already at the Umeox level now (who does not get full source from MTK).
 

Neuer_User

Senior Member
Jul 16, 2010
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Pearl also gets their watches from Umeox so it would be Pearl>Umeox>Mediatek, we are already at the Umeox level now (who does not get full source from MTK).
I think there is a very BIG difference. Currently 5 independent developers plus Laurent and his small company being owned by Umeox is asking for source from MediaTek.

What I would expect to be much more efficient is: All lawyers of Umeox sueing Mediatek to give source code. Why should they do that? Well, there would only be one valid reason: Because they are sued by some other company (Pearl).

I highly respect your efforts and those of the other participants, but this still remains a request from a few independent developers and a small startup (Omate), which has less than 10 employees and negligible sales. You will never reach anything against MediaTek.

So, climbing up the ladder and ensuring that each step is done with the highest power (sueing), each step will get you more powerful:
From a few independent developers to a multinational (but still small) company Pearl, to a bigger chinese company Umeox and finally towards MediaTek.

This only works if each participant is really threatened by his predecessor. So, this could work, although I do not know how much Pearl can threaten Umeox and Umeox then finally MediaTek. But it is surely more effective that internet petitions or similar.
 

Lokifish Marz

Inactive Recognized Developer
Mar 13, 2011
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@Neuer_User

Because without source it threatens any carrier contracts that Umeox has and is currently negotiating, additional vendors ordering the device, current vendor contracts. You have to realize that every x201 model is a 10/10 security risk and there are over 50K units waiting to be sold pending contract finalization. This has also already gone to the CEO level at Umeox.

I understand your point of restating the entire process but there are a couple things to consider. It increases the amount of time to get a resolution, leaves a large number of users with one of the most unsecure devices that Dees, Adam, Ryan and myself have ever seen.
 

dedesuper

Senior Member
May 28, 2013
95
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0
Pearl also gets their watches from Umeox so it would be Pearl>Umeox>Mediatek, we are already at the Umeox level now (who does not get full source from MTK).
Lokifish Marz,
Take an advice from me and I know well what I am talking about, from UMEOX you will get nothing dont waste your time there.....

Best Regards
 

Ije

New member
Jun 2, 2010
1
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0
Way to keep things positive....
Bottom line.. we take our fight to MTK here in the US and everywhere else on the Internet on every future device that is planned .. Not only do we blast them on the lack of source code but they fact their devices are not secure. We blast not only MTK but any OEM or carrier that plans on selling any equipment with their chips in it. It may very well be late for the TS but we make sure there is hell to pay with negative publicity wherever we can shout it and lets see what happens. If we cant get to MTK, we hit the OEMs and Carriers that use their chip.
 

superdragonpt

Recognized Developer
Apr 27, 2013
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www.caixamagica.pt
Dont you love this?

Code:
# Copyright Statement:
#
# This software/firmware and related documentation ("MediaTek Software") are
# protected under relevant copyright laws. The information contained herein
# is confidential and proprietary to MediaTek Inc. and/or its licensors.
# Without the prior written permission of MediaTek inc. and/or its licensors,
# any reproduction, modification, use or disclosure of MediaTek Software,
# and information contained herein, in whole or in part, shall be strictly prohibited.
#
# MediaTek Inc. (C) 2010. All rights reserved.
#
# BY OPENING THIS FILE, RECEIVER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND AGREES
# THAT THE SOFTWARE/FIRMWARE AND ITS DOCUMENTATIONS ("MEDIATEK SOFTWARE")
# RECEIVED FROM MEDIATEK AND/OR ITS REPRESENTATIVES ARE PROVIDED TO RECEIVER ON
# AN "AS-IS" BASIS ONLY. MEDIATEK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
# EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
# MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
# NEITHER DOES MEDIATEK PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE
# SOFTWARE OF ANY THIRD PARTY WHICH MAY BE USED BY, INCORPORATED IN, OR
# SUPPLIED WITH THE MEDIATEK SOFTWARE, AND RECEIVER AGREES TO LOOK ONLY TO SUCH
# THIRD PARTY FOR ANY WARRANTY CLAIM RELATING THERETO. RECEIVER EXPRESSLY ACKNOWLEDGES
# THAT IT IS RECEIVER'S SOLE RESPONSIBILITY TO OBTAIN FROM ANY THIRD PARTY ALL PROPER LICENSES
# CONTAINED IN MEDIATEK SOFTWARE. MEDIATEK SHALL ALSO NOT BE RESPONSIBLE FOR ANY MEDIATEK
# SOFTWARE RELEASES MADE TO RECEIVER'S SPECIFICATION OR TO CONFORM TO A PARTICULAR
# STANDARD OR OPEN FORUM. RECEIVER'S SOLE AND EXCLUSIVE REMEDY AND MEDIATEK'S ENTIRE AND
# CUMULATIVE LIABILITY WITH RESPECT TO THE MEDIATEK SOFTWARE RELEASED HEREUNDER WILL BE,
# AT MEDIATEK'S OPTION, TO REVISE OR REPLACE THE MEDIATEK SOFTWARE AT ISSUE,
# OR REFUND ANY SOFTWARE LICENSE FEES OR SERVICE CHARGE PAID BY RECEIVER TO
# MEDIATEK FOR SUCH MEDIATEK SOFTWARE AT ISSUE.
#
# The following software/firmware and/or related documentation ("MediaTek Software")
# have been modified by MediaTek Inc. All revisions are subject to any receiver's
# applicable license agreements with MediaTek Inc.
............
 

myphoneuser

Member
Jun 26, 2009
45
3
0
Bottom line.. we take our fight to MTK here in the US and everywhere else on the Internet on every future device that is planned .. Not only do we blast them on the lack of source code but they fact their devices are not secure. We blast not only MTK but any OEM or carrier that plans on selling any equipment with their chips in it. It may very well be late for the TS but we make sure there is hell to pay with negative publicity wherever we can shout it and lets see what happens. If we cant get to MTK, we hit the OEMs and Carriers that use their chip.
I think that'll work better. Articles like this:

http://www.xda-developers.com/android/have-you-paid-your-linux-kernel-source-license-fee/

will make the difference.
 
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