Any developers have any experience with hosting your app on GetJar? I am thinking about doing it but I wanted to get some counsel from you'all before I agreed to the terms (after my experience with amazon app store).
You hereby grant to us a worldwide, perpetual, and irrevocable, freely-transferable, fully-paid, and royalty-free license to use, reproduce, distribute, create derivative works of, transmit, display, perform, and exploit in any manner any and all of Your Materials that you provide to us or upload or transmit to or through the GetJar Site. This license does not apply to any mobile applications that you license to us under the terms of the Developers Addendum).
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Taken from the terms...
I have done my best to try to find the Developer Addendum but haven't been able to. Any help would be greatly appreciated.
Thanks,
John
P.S. Getting the warning about less that 50 posts and (meaning, if you're not posting about a ROM) blah, blah... To me this is development related, but I would be happy to move it if this is the wrong place.
I personally don't like the sound of that but I'm wondering if it has become a standard clause in contracts because they "reproduce" and "display" your media just by putting it out for sale.
My advice would be to compare it against the Android Market Developer License Agreement, and others and see if they all have the same language.
Frankly I would be surprised if they can even legally enforce the "irrevocable" part.
Hope that helps
Related
svetius said:
XDA to Go Dark on Jan 18th at 8AM; You Can Help Bring Us Back Online
XDA is a community built on openness and sharing. It has flourished because of our ability to freely exchange information, ideas, and development. The Stop Online Piracy Act (SOPA) in the Senate and Protect IP Act (PIPA) in the House give copyright holders the ability to more easily shut down sites (with mere accusations and without due process) that *might* be in violation of copyright laws.*It was because of GoDaddy’s initial support for this legislation that we moved to another registrar. If you are unfamiliar with the particulars of the bills, read up on them on Wikipedia.
We had a long debate among admins and moderators about the best way XDA can combat this legislation. Several sites (most notably, Reddit) have decided to go dark on January 18th from 8AM to 8PM. A blackout of XDA, a site with users likely already educated on the legislation, seemed a bit like preaching to the choir.
Quite frankly, we don't think a blackout is enough. We need to motivate XDA members to get involved and help us fight the fight. So-- beginning at 8AM ET on January 18th, the xda-developers.com domain WILL go dark. When you come to the site, you will see links to information about SOPA and the damaging impact it will have on the free Internet. Visitors from the United States will also see a link to an online pledge. Users who choose to sign their name to the pledge are agreeing simply to contact their local Senator or Representative (via phone or email) and politely voice their opposition to the bills. Once 50,000 people have made the pledge, XDA will go back up. We will provide links to help you find the contact information for the appropriate member of Congress. We hope we hit 50,000 pledges quickly. If not, we'll match Reddit (and hopefully many other sites) and return online at 8PM ET.
If you want to get involved (before our "pledge" goes live on the 18th), Reddit has a fantastic list of ways that you can make an impact. We hope that XDA going dark will help spread awareness and action against SOPA / PIPA.
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I'm not a USA user, so i can't help really much.
I just want to share and discuss about this in our phone's dedicated thread and propose my personal Peaceful Protest for Freedom.
So if you're not a not USA user, and you want to say web is free knowledge and sharing, just use this image as avatar.
It will not do much, but for who is whatching us, this can be a signal of union.
Unity is strength.
So. They may take our sites but they'll never take away our freedom!
Hello devs & members, this may be long, but this pretty much sums up the issue on dev vs dev, members vs members. This is created for people who has a keen understanding of rules, regulations, etc. Therefore people without enough reasoning, critical thinking, sorry this is not for you.
The 'Fair Use' Rule:
When Use of Copyrighted Material is Acceptable
In some situations, you may make limited use of another's copyrighted work without asking permission or infringing on the original copyright.
Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster. It allows one to use and build upon prior works in a manner that does not unfairly deprive prior copyright owners of the right to control and benefit from their works.
Some factors to know about "Fair Use":
There are five basic factors to keep in mind when deciding whether or not a particular use of an author's work is a fair use:
Factor 1: Are You Creating Something New or Just Copying?
(the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes)
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.
One important consideration is whether the use in question advances a socially beneficial activity like those listed in the statute: criticism, comment, news reporting, teaching, scholarship, or research. Other important considerations are whether the use is commercial or noncommercial and whether the use is “transformative.”
Noncommercial use is more likely to be deemed fair use than commercial use, and the statute expressly contrasts nonprofit educational purposes with commercial ones. However, uses made at or by a nonprofit educational institution may be deemed commercial if they are profit making.
Ask yourself:
Is the copyrighted material published or unpublished?
(Unpublished works have traditionally been accorded stronger copyright protection than published works.)
If you publish your work here at xda-developers.com, your work may lean towards to the "fair use" clause.
Is the copyrighted material factual in nature or creative?
(More fair use latitude is accorded to factual works.)
Factual works eg. scripts, mods, etc.; Creative may incorporate themes, graphics, wallpapers, bootanimation, etc.
Is the copyrighted material readily available for purchase?
(The fact that a work is unavailable for purchase through normal channels will favor fair use copying for educational purposes, though this may be mitigated if permission to copy may readily be purchased.)
This won't be an issue since custom roms are not for sale nor it is on monetary pursuit.
Factor 2: Are Your Competing With the Source You're Copying From?
(the nature of the copyrighted work)
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work. In custom roms, there is no declaration of contest nor any criteria for the "best" rom.
Whether the work is published or unpublished, and how creative the work is, are the two main considerations. Unpublished works are accorded more protection than published ones, as the author has a strong right to determine whether and when his or her work will be made public.
When it comes to fair use, unpublished works are inherently different from published works. Publishing an author/developer's unpublished work before he or she has authorized it infringes upon the author's right to decide when and whether the work will be made public.
Works that are factual and less creative are more susceptible of fair use than imaginative and highly creative works eg. if you use chobits original themes/graphics/bootanimation,etc. may constitute to infringing, but personally I do not mind if someone use my work solely based on factor 1. This is in keeping with the general principle that copyright protects expression rather than ideas or facts.
Factor 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Credits should be given to the original author of the modifactions eg. Lidroid 14 toggles, EDT tweaks, Spareparts (incorporated in settings), if the custom rom includes these tweaks, ask yourself:
Are these tweaks/mods originally made by the developer?
Does the original developer reserves the rights for these mods?
Is the developer of these modifications, explicitly made it for public use or doesnt mind if someone else port it to their projects?
Factor 4: The More You Take, the Less Fair Your Use Is Likely to Be
(the amount and substantiality of the portion used in relation to the copyrighted work as a whole)
The more material you take, the less likely it is that your use will be a fair use. Contrary to what many people believe, there is no absolute word (scripts) limit on fair use. This is certainly a grey area for rom developers, since no one can dominantly own a sytemui.apk,framework-res.apk, etc. Developer's mod made on those files may constitute to "fair use" since Samsung, HTC, etc. do not mind modifying their base roms. Therefore modifications made on those files should be attributed if its factual or creative underlying factors 1-5.
Courts have taken both a quantitative and a qualitative approach in assessing the impact on the fair use analysis of the amount and substantiality of the portion used. What percentage of the original work has been used? There are no bright lines, but the higher the percentage, the more likely this factor is to weigh against fair use. If you use the systemui, framework, lidroid, phone of other roms it is definitely okay since the gravity of those files does not weigh out the rom's build entirely.
Ask yourself:
How much of the copyrighted work is being copied?
(did you start from fresh stock rom, deodexed it and then copy snippets of files from other roms?)
How long is the portion copied and what percentage of the work does it represent?
(The smaller the portion, the more likely the copying will qualify as fair use.)
Is the portion copied the “heart” of the work?
(Even a quantitatively small portion of a work may weigh against fair use if it is the most important or commercially valuable part of it.)
Is the amount copied limited to that which is necessary for the educational purpose to which it is being put?
(You should copy no more than is necessary for the educational/testing/sharing "without profit" purpose.)
Factor 5: Is there any adverse effect of the use on the potential market for or value of the copyrighted work?
The more important the material is to the original work, the less likely your use of it will be considered a fair use. Does copying spareparts modification, lidroid 14 toggles, etc. is "very" important for a rom's integrity/usableness? Will the rom still work without those modifications?
Use that adversely affects the market for the copyrighted work is less likely to be a fair use. This ties back to the first factor, and the question whether the putative fair use supplants or substitutes for the copyrighted work. Is there any market in Rom development? The answer is none. Developers may ask donations voluntarily, since it is not imposed, this is not a basis for any monetary gain nor their own solitary income generating project (most of them have real jobs too!) Therefore this will not constitute any harm in any market; monetarily and financially.
---
In determining whether your intended use of another author's protected work constitutes a fair use, the golden rule:
Take from someone else only what you wouldn't mind someone taking from you.
I respect all developer's for sharing their work, but please ask yourself these questions before lashing out to other members:
Is the modification I have made purely original? (not ported or a derivative of other's work)
Did I share my work in good faith, so that everyone may learn from it?
Am I too stringent of my rules that it affects the Android development community?
Did I even use original graphics/pictures in my rom that can be viewed as highly original and creative?
What really is my purpose on sharing my work here in xda-developers.com?
Being a developer, did I make SGA's community a happy and healthy environment for everyone?
Did I respond to criticisms in a professional and mature manner?
How is my relationship with other developers, taking into account that this is a forum where utmost respect to each other is very important?
Am I in here just for recognition and fame?
---
These post has been made, just for educational purposes only.
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Awesome!:good::good::good:
@MOD make this sticky!
Awesome post...Mod should make this a sticky.
Thanks
Thank you for sharing my post to others. Hello to all Galaxy Ace users! You have an awesome and nifty device in your hands. Excelsior!:victory:
nice
Sent from my GT-S5830 using xda premium
This is great.
AWESOME!
great info :good:
Awesome!
That's fair..!!
Sent from my GT-S5830 using xda premium
Awesome :good:
News from the Portal of XDA.
http://www.xda-developers.com/annou...addition-to-sharing-policy-on-xda-developers/
Posted August 22, 2012 at 6:00 pm by egzthunder1
We are going to deviate a bit from our regularly scheduled programming to let you know about an upcoming change in the rules in the XDA forums. As time has gone by, our site has grown by leaps and bounds from what it was a couple of years ago. With a membership base of over 4.5 million registered users and an average of 35-40 thousand people active at any given time, we need to ensure that this place can offer the best possible environment for all people, both experienced developers and people who come here looking to learn about mobile devices. Because of this reason, the rules of our site need to be amended from time to time to accommodate the needs and wants of such a large user base, but without losing our principles and forgetting what XDA was founded on in the first place.
Just a bit of background: XDA was a website founded by hackers and developers for hackers and developers. People coming here shared one common goal, which was to get more and more out of their expensive toys and they did so by reverse engineering, creating new code to expand the device’s capabilities, and doing things with hardware that most people cannot do (mainly due to lack of knowledge or technical ability). The site prospered to what it is today because these very same people knew that their collective ideas and efforts would yield more results if they collaborated by sharing what they knew with others. More often than not, this resulted in fantastic feats such as the original XDA online kitchen, the very first port of WM5 to the mythical HTC Blue Angel, and many more accomplishments that are stored in the depths of XDA’s forums.
XDA-Developers has always been a place for sharing knowledge. People spend countless hours on their projects and give back to the community in several different forms, either by releasing the complete work to the community, or by sharing its source and methods by which the work was conceived. The latter allows others to pick up the work and tweak it to improve it (think of the Linux kernel for this to make sense). XDA’s own foundation is much like that as well. However, often times, this concept of the sharing of knowledge gets confused with the concept of sharing everything. If you frequent our site, you will have undoubtedly come across a few threads were discussions about sharing are on going. Essentially, some people demand for work to be released or even think that they can take as they please without following rules already present on our site. Likewise, people sharing their work sometimes have rather bizarre ways of doing so, which has a bad tendency to develop in what we like to call “dev wars”.
We (administrators and moderators of this site) truly believe that intellectual property (IP) is a very important part of what is done on xda-developers. As such, we cannot and will not support any kind of action which forces a developer to share their work with others if the developer does not wish to do so. A developer of anything has rights over their work and as such he/she can choose to do with it as he/she pleases (give it away, share the source, burn it, give it to an orphanage, or eat it for breakfast). We support whatever decision is taken by its developer. Having said that, over the years people have found what can only be categorized as a loophole in our current sharing policy, and thus people are forced to do things in exchange for permissions to use certain pieces of work by others.
After a long deliberation with the entire moderator and administrator staff, we are implementing the following addition to our sharing rule (Rule 12) – revisions are in bold:
12. Using the work of others.
If you are developing something that is based on the work of another Member, you MUST first seek their permission, and you must give credit to the member whose work you used. If a dispute occurs about who developed / created a piece of work, first try to settle the matter by private message and NOT in open forum. If this fails then you may contact a moderator with clear evidence that the work was created by you.
Convincing evidence will result in copied work being removed. If there is no clear evidence you created the work then in the spirit of sharing all work will remain posted on the forums.
As an addition, developers have the right to hold exclusivity over their work for as long as it is deemed necessary by the dev or freely share it. However, if the work is claimed as exclusive, it must remain as such. No selective sharing will be allowed (ie allowing certain people to use it and not others). Should the dev decide to start sharing the work with others, the work automatically becomes fair game for all to use.
In regards to permissions, same rules remain for this but if permission was already given, unless there is a very valid reason, it cannot be revoked (same applies to major updates on the work). Under that same premise, permissions cannot be denied unless the work is exclusive or under severe circumstances.
In plain English: If you want to keep your work exclusive, go for it. However, if you are going to share your work, do it fairly.
These rules apply to all software posted on XDA (including but not limited to ROMs, RUUs, apps, games, kernels, themes, icons, etc) unless that software comes with a license that waives these rules.
The problem with the aforementioned permissions is that the rule never really stated anything regarding continuity or longevity of said permission. On top of that, selective sharing creates a massive problem on our site as it tends to give place to kanging (unauthorized copying and/or redistribution of work), fights between devs (so called “dev wars”), and tons of time wasted on investigations, which normally involves a large number of people from our staff. This needed to stop as it was reaching critical mass and high levels of anxiety were generated for no apparent reason on something that should be a hobby.
So, if you are a developer on this site and would like to keep your work as something exclusive, we encourage you to do it. If you would like to freely give it out so that others can use it and make it better, we encourage you to do it as well. However, we will no longer accept claims from anyone who picks and chooses who gets what. As stated in the rule, you either share or keep, but if you do share, do it fairly. Favoritism has created a great divide in our site and our community and it is only hurting development as a whole. People focus more on pointing fingers than they do on trying to create original work.
Permissions should still be sought as a matter of common courtesy, much like the original rule stipulated. However, unless a valid reason is provided, a simple “no, you cannot have it” will not suffice, especially if the work is being shared with others and permissions are denied out of spite.
Lets all work towards a new, rejuvenated XDA that is based on the core principles placed by the site’s founding fathers. Sharing of knowledge is what brought many of us together on this site and we should strive as a community to keep it that way. Please share your thoughts on this.
Thank you for reading.
Sincerely,
XDA-Developers Administration Team
Not to say this will make it a reality for us to receive an official unlocked boot loader but check out Motorola Mobility's External Idea Submission page here http://eis.motorola.com and let us be heard formally. According to the site, "EIS is the only method by which Motorola Mobility will receive and/or review any unsolicited external idea. Any external idea submitted to Motorola Mobility, Inc. by any other means will not be reviewed and will be promptly returned to the submitter, if physical, or automatically deleted, if electronic."
We can only hope and let's keep this going guys. At least at the moment, unofficially via the Motorola Forums, a Motorola Employee and forum moderator has responded to my questions in reference to our recent response to Soni's announcement and request for an unlocked boot loader and additional drivers necessary to support the devices on our own. This at least shows us in one avenue they are hearing us outside of the social sites.
So let's file our requests formally to get it into their ticketing system as another avenue of hope. Or maybe I am just too optimistic and delirious at this point. :silly:
Cheers,
GP
What does the term external idea mean specifically to the site you reference?
It sounds rather vague and searching for it shows some different meanings.
Sent from my MB855 using xda premium
hoslayer13 said:
What does the term external idea mean specifically to the site you reference?
It sounds rather vague and searching for it shows some different meanings.
Sent from my MB855 using xda premium
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I believe "external" means outside of Motorola and unsolicited means that they did not pursue or give us a list of ideas or option to choose from that could sway their vetting process. Just another mechanism to possibly be objective in picking or researching the next features or functionality to implement in their devices. Because if they were to conduct internal feedback then it is "internal" and may not be what customers/consumers really want.
Plus, maybe an employee could be voicing an opinion or request from consumers but also receiving requests externally it validates what they have already on their list of topics and ideas for releasing? Just my guess. But at least there is a "formal" way of getting our requests heard.
hoslayer13 said:
What does the term external idea mean specifically to the site you reference?
It sounds rather vague and searching for it shows some different meanings.
Sent from my MB855 using xda premium
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So I filed my formal request for the idea of having the official bootloader released and here is the general information that they provide, which is an actual EIS ID # to track the request and the following verbiage which I hope shines some more light into your question:
Thank you for providing Motorola Mobility, Inc. with your unsolicited idea.
We have a dedicated team, “External Idea Submissions” that reviews such submissions. Our team will contact you within thirty (30) days to indicate if we are interested in discussing your idea further. (Please note: Only the External Idea Submissions team has access to your submission.)
For your records, below we have reproduced the terms and conditions under which you agreed and provided your submission.
We wish you good luck in your endeavors.
Sincerely,
Motorola Mobility, Inc.
External Idea Submissions
Intellectual Property Section
Law Department
EIS LEGAL NOTICE:
PLEASE BE ADVISED, MOTOROLA MOBILITY INC. IS ONLY WILLING TO RECEIVE YOUR UNSOLICITED IDEA SUBMISSION UPON THE CONDITION THAT YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THE BELOW AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND YOUR INFORMATION WILL NOT BE SUBMITTED TO MOTOROLA MOBILITY, INC.
MOTOROLA MOBILITY, INC. -- EIS LEGAL AGREEMENT
Over the years many ideas for improvements have been voluntarily submitted to us by persons outside of Motorola Mobility, Inc. ("Motorola"). We appreciate the confidence in Motorola shown by such persons. We do not require that the submitter obtain, or even to have applied for, a patent on an idea before submitting the idea. If a disclosure is made under the conditions recited herein, and the Motorola is interested thereafter in further considering the idea, negotiations will be undertaken to try to arrive at terms which are equitable to both parties and will take care of the needs of the particular situation.
Motorola is only will to permit Your submission of Your unsolicited idea, if you agree and acknowledge that Your submission hereunder does not imply or create:
1. A confidential relationship for any idea submitted to Motorola.
2. A promise to pay, inasmuch as Motorola's obligations to You, the submitter, under all circumstance shall be only those which are made to You in writing; and
3. A recognition by Motorola of either the novelty or originality of the Your unsolicited idea.
Motorola cannot consider an idea on the condition that it shall return any material submitted if the idea is not found to be of interest. When the material is submitted to Motorola hereunder, You, the submitter, should keep a duplicate for Your own record, and should any controversy unfortunately arise, this material is necessary as evidence of what was disclosed to Motorola.
If a patent has issued, You may simply submit a copy of the same with additional comments that might be helpful.
If an application for patent has been filed, a copy of the same can be submitted to Motorola for its consideration. Otherwise the disclosure should be by written description and sketches, and all should be sufficiently complete and clear so that Your unsolicited idea can be readily understood.
In whatever form an unsolicited idea or a patent invention is submitted to Motorola, it will be helpful if You, the submitter, point out what You believe to be new, and set forth some of the advantages which You think Your unsolicited idea has over known devices or processes.
Motorola will give Your submission such consideration as in the judgment of Motorola it merits, but in reporting its conclusion can assume no obligation further than to say whether or not it is interested in acquiring patent rights or other rights.
This Agreement constitutes the entire agreement between You and Motorola with respect to Your submission hereunder, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and Motorola regarding Your submission. This Agreement may not be modified or waived except in writing and signed by an officer or other authorized representative of each party. If any provision is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of our Agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches.
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Idea submitted. Thanks. Hopefully others will follow suit
I have seven threads across two sites pointing to the Official Support My Moto thread. Would you mind reposting this info there?
Lokifish Marz said:
I have seven threads across two sites pointing to the Official Support My Moto thread. Would you mind reposting this info there?
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Sure. Done as requested.
Dear android developers
I am happy to tell you that, recently there is a new promotion activity ...
<snip>
Mod edit: Details removed
Mod edit: Quote removed
Ok, I would like to see some proof instead of signing up to some Ponzi scheme.
$5,000,000 USD is a lot of money to spend on a new company so I am leaning towards the aforementioned.
Ok now it seems even more dodgy, you have no proof but your promising $5,000,000 revenue?
Ok..
Turmin said:
Our company has other branches and the budget is already above $5,000,000. The publisher system's data is private information for individual publisher, we can't share the report here. Thanks for your understanding.
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Ok you can prove this by showing us some customer vouches or something. I would not trust this service otherwise.
Thread closed
This forum is intended to be used for discussion by app developers to share general monetization ideas. It is not to be used by ad network companies to promote their business... that's spamming and not allowed on the forums.