Google Serves a Cease-and-Desist On Android Modder

Several readers sent in word that Google has served a Cease and Desist order to Cyanogen, one of the most prolific Android modders: his CyanogenMod is enjoyed by 30,000 users. The move is puzzling. Gizmodo wonders what Google's game is, and Lauren Weinstein calls the move "not of the high 'Googley' caliber" that one would expect of the company.

Le Shocque!

[Rydia]

Google a giant company, not your BFF.

Film at 11.

What is confusing?

[fermion]

If Cyanogen is "passing around Google's closed-source apps like Google Maps, Google Talk and Gmail", then google has every right, even a responsibility, to stop it. It does not matter that it only runs on google authorized hardware, Cyanogen has not been given the right to distribute the software. What happens if Cyanogen, or some other person, decided to modify the Talk so that all numbers dialed were reported to third party advertisers? Not only would google lose their share of the advertising dollars, but I am sure most would hold google liable. Same thing if maps intentionally lead people to drive off a cliff. Right holders have a obligation to control distribution, and I don't trust those who don't control distribution.

Leaving this issue aside, it does seem that Android is not the open savior that every thought it might be. Given that for a cell phone to work it must have towers, and that the towers are controlled by private enterprise in search of profit, and that large firms tend to sue each other as part of the competitive process, any completely open phone is unlikely to thrive in the marketplace. If google were no a commodity vendor, then I would say that an open phone might work. But given they want tens of millions of customers, there is going to be a compromise of open software and control.

Simplish solution

[IMarvinTPA]

Stop distributing those apps in the ROM!
Add an app to retrieve them from the original (backup) version of the phone.

SafeTex [imarvintpa.com]: Copying copyrighted textures from original Quake to custom commercial levels without incident. IE Don't distribute what's already there.

IMarv

Re:Le Shocque!

[Glendale2x]

I know you're joking, but that may come as a surprise to a lot of people.

Re:Capitalism means crisis

[PhreakOfTime]

Neither do fiat currencies. They all end up crumbling in exactly the same way.

Did your history book also mention that?

So, since ALL systems of humanity eventually fail, wouldnt it be more important to look at the quality of life that exists under these systems for the brief periods that they exist?

Proves the point

[Qubit]

Google is sending a C&D because someone is distributing closed-source Google apps (like GMail, Google Maps, etc...) without a license.

This is why I want a phone that runs only Free Software in the base install. If I know that the base functionality is open and free, that means I can take that base set of software and modify it and distribute it to other people without worry of getting a C&D letter like this one.

Free Software licenses are a great way to CYA. Sure, they do a number of other things for you as well, and they aren't always the best at dealing with software patents, but they CYA a lot more than most proprietary licenses I've seen.

Re:say what?

[MozeeToby]

They try, they don't always succeed, sometimes they fail miserably, but they do try. Which is better than 99% of the companies out there.

Re:Capitalism means crisis

[Anonymous Coward]

Planned economies do not work. End of story. Crack a history book sometime.

All economies are planned to some extent, and none are completely.

Re:Do no evil?

[ceoyoyo]

Wrong end. When you're talking about something that needs to use a network to be useful, you've got to start at the network. The device is the LEAST important part. As long as the phone company gets to say what does or does not run on their network the devices will do what they need to meet those requirements.

It's kind of funny actually - Apple releases a closed phone but doesn't sick the lawyers on any of the hackers. Google releases an "open" phone but does sick the lawyers on the hackers.

Are they actually modified?

[JSBiff]

Seems to me that the most reasonable compromise, for all involved, is for Google to allow redistribution without modification of their closed source software. Yes, Google has the legal right to make cyanogen stop distributing, but how does that benefit Google? Lots of 'proprietary' software are distributed as .zip or .exe files which the license allows you to make verbatim copies of. This is slightly different, because the software is incorporated as part of a ROM image, but as long as the software inside the ROM image isn't modified, Google should just let him distribute. He's not hurting them in any real way.

Re:GPL Violation?

[daskinil]

Umm, Linux is the same way, developers have the freedom to write a closed source app for it. Which is good. Otherwise I wouldn't have matlab on linux. Which is an industry standard for many engineering applications. So this is really not too news worthy, Google has closed source apps and open source apps. Just because a company has some OSS apps, doesn't mean they can't defend the rest of their apps.

Re:License missing

[ajs]

It's pretty clear that Google goes way out of its way to provide APIs and guidance on using its stuff as a third party, so I suspect that there's specifics in this C&D that aren't just "you used our service." Specifically, if they were re-packaging Google's logos or the like, then there's real copyright concerns there.

Re:Lawyers against dev community == bad idea

[rliden]

Developers should care about why Google is doing this. How would you feel if people were distributing your apps or project without a license possibly in violation of that license? It's irresponsible of those developers not to abide by the licensing agreements. If these developers were distributing GPL apps without a license I'm pretty sure the FSF would be breathing down their necks too. It's a matter of respect and professionalism. Those developers are out of line.

Re:GPL Violation?

[Vexorian]

I think you were meaning to reply the parent post.

its more open when developers have choices.

THAT doesn't make any sense.

Re:License missing

[R2.0]

I'm guessing it's like having a pickup game of softball at your local municipal field, and you get busted. Why? You need a permit. It's free and easy to get, but you still need to get it.

Google's saying "We ask everybody else to play by these rules, which aren't even onerous, so you need to as well."

Re:GPL Violation?

[FlyingBishop]

All the user cares about is data. If I can switch from your mail app to my mail app without losing my data, the system is open. However, if the developer has the choice of whatever mail format it wants, it's unlikely that I can transfer my data without issue. Thus, choice for the developer does not equal choice for the user.

They were doing it the wrong way

[Vexorian]

It is illegal to distribute closed source apps without the license. It doesn't matter if you think what you are doing is not for profit or doing any 'harm'. Google is even required by law to enforce its copyright. The answer is not to complain about google doing evil or about how it is 'harmless' to use this software illegally but to make free software clones of the apps and avoid the legal non-sense altogether. And in most cases, you don't even need to make them... they are already done.

This is something that must be understood. Some "alternative" GNU/Linux distros out there love to include things like Skype and flash without any license. It is illegal doing so, and the reason most of the major distros don't do it. (Some of them don't do it because they don't like proprietary software, but most of them really do it just to avoid the copyright infrigement).

Re:License missing

[Chelloveck]

Like the parent said, that only applies to trademarks and not to copyright.

You mean trademarks like Gmail(tm) and the Google(tm) logo? Which are almost certainly being distributed as part of those apps?

Re:Capitalism means crisis

[nedlohs]

You mean like China?

Solution

[geirt]

Google, please hire Cyanogen. He is clever!

Re:Lawyers against dev community == bad idea

[jopsen]

Sure, developers should care... And Google probably has the law on its side..
But maybe Google should work this out instead of sending a C&D...

It seams to me as Google is trying to control how their apps are experienced kind of like Apple does it... And that doesn't really encourage community participation...

Anyway, I guess that settles it for me... I'm not buying an Android phone anytime soon... :)

Re:License missing

[nabsltd]

You mean trademarks like Gmail(tm) and the Google(tm) logo? Which are almost certainly being distributed as part of those apps?

And, so what?

If I sell or give you a genuine boxed copy of Microsoft Windows(tm), what law am I breaking? And, if I choose to advertise the fact that I am selling that same product and want to use the trademarked name in my advertisement, Microsoft has no grounds to stop me. They can force me to specifically state that the name is trademarked by them, but that's all.

Trademark exists not to protect businesses, but to protect consumers. That way, you know that if it says "Microsoft" or "Sony" or "Intel", or uses similar packaging, you won't be getting a product from some other company (like "Sorny"). And, this is the crux of why trademark has to be defended or else it is lost.

Cyanogen builds without the Google Apps

[azdio]

I welcome versions of Cyanogen without the google applications.

Google is evil

[Snaller]

"Case closed."

Indeed. They are evil.

It's because of the Market app

[Orange Crush]

His latest ROM has the new market app which isn't only closed-source, but it's unreleased closed source. Google doesn't want their stuff going into the wild until they say so.

Re:Le Shocque!

[zapakh]

In Google's defense, they do make their opt-out process as painless [theonion.com] as they can.

Re:License missing

[multisync]

You buy Nike T-Shirts then print some slogan on them and then either sell them or give them away. What you've done is now made it appear the slogan is from Nike (or it's reasonable to assume people could be confused by it.)

Yes, this is a problem, isn't it.

Huh?

So I buy a Chevy car, put a "Breasts Not Bombs" bumper sticker on it, then either sell the car or give it away. According to you, what I've just done is made it appear the slogan is from Chevy, or it's reasonable to assume people could be confused by it.

Or I buy a Dell Laptop, peel off the "Ready for Vista" sticker and put a Tux sticker on it, sell it to someone. Dell's going to stop me because their Trade Mark is on it? I don't think so.

Even if Nike, Chevy or Dell could make the case that I was making it appear they endorsed the slogan, Trade Mark law wouldn't be relevant. Trade Mark law prevents me from selling a knock-off with someone's Trade Mark, or a confusingly similar mark, on it. What you're talking about is something entirely different, and frankly I don't think the manufacturer would have much say in the matter.

Re:License missing

[dangitman]

It's amazing how quickly Slashdotters will rush to defend Google over anything. I notice you've made many other comments in this story defending Google. If this was Microsoft, they'd be portrayed as the greedy corporation exploiting software licenses to shut down freedom. When it's Google, we're supposed to shut our eyes and cover our ears. "Case closed."

It's amazing how quickly slashdotters rush to bring out this tired trope whenever they read a comment they don't agree with, saying if it was [Company X] instead of [Company Y] then they'd be [outraged/gushing/the epitome of evil].

Here's a tip: slashdot commenters don't have a hive mind, they are individuals with varying opinions.