Sharing, XDA, and You! New Addition to Sharing Policy on XDA-Developers - AT&T Samsung Galaxy Note I717

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

Related

[Q] Guidance How To Root, Rom, Etc - Just Purchased

So I just made my purchase and lookin forward to getting this tablet. 1st tablet ever, yeah! I feel like I have a good grab on how to root, etc with my phone, so applying the same logic should be fairly simple.
However can anyone point me in the right direction of what to do first in order to get a custom ROM on this baby. I'm assuming rooting, (links would be helpful)
Also, which is the best of the best ROM wise to run? Any major differences between the many released here on XDA?
Thanks again in advance
Also, I heard about this nvflash, is this is just failsafe to install that clockwork just won't help with? When does nvflash have to be performed?
Z4Root for rooting if you're going to stay with the stock rom.
ClockworkMod .8 if you're going to want to flash other roms (that already come rooted).
I'm a VEGAn 5.1.1 fan so I may be biased but in my opinion it's fast and reliable and looks great. I watch videos I've ripped, read books/magazines/comics, play games, and access my work computers with my gTab.
chugger93,
Please search. There are numerous threads regarding the differences between ROMs, which ones are better and why.
In the developer section you will see stickies regarding every ROM, nvflash, CWM. These stickies not only have the download, but also how to install, and pages and pages of problems that people have answered.
And yes, nvflash is a failsafe for if you screw something up by not following directions. Sometimes I wish I could use nvflash on users in this forum so they would be able to go back and read before posting a question that has been asked a hundred times before.
In fact...this is the first thread in this section which you posted, yet still felt the need to ask:
"http://forum.xda-developers.com/showthread.php?t=874258"
LucasMN said:
chugger93,
Please search. There are numerous threads regarding the differences between ROMs, which ones are better and why.
In the developer section you will see stickies regarding every ROM, nvflash, CWM. These stickies not only have the download, but also how to install, and pages and pages of problems that people have answered.
And yes, nvflash is a failsafe for if you screw something up by not following directions. Sometimes I wish I could use nvflash on users in this forum so they would be able to go back and read before posting a question that has been asked a hundred times before.
In fact...this is the first thread in this section which you posted, yet still felt the need to ask:
"http://forum.xda-developers.com/showthread.php?t=874258"
Click to expand...
Click to collapse
Here's my thoughts on your response;
Firstly; No matter how many times you ask people to stop posting questions it's in stickies. It's still going to happen. People don't want to read, just like they barely read their emails at work and respond. It's a vicious cycle, and one that you or anyone else isn't going to change. It sucks, I know, but I've been administering forums for years upon years, and I still can't control it.
Secondly; If people would just respond to the questions being asked (since it is a forum) rather than typing a book on how to use the search, people like myself amongst many others would stop posting so much.
Thirdly; Unless stickies get updated (which some of them arnt I see...) technology meaning roms and such, are ever changing. So who's to say that any of that information in that sticky is even relevant or updated anymore?? Riddle me this
Case and point: Just answer peoples questions and move on. It's why we are all here to help one another. Thank you
So because people insist on not reading first we should be obligated to helping them anyway even tho a simple search reveals 95% of the answers? The point is to get people to look for the answer first instead of clogging up the forum with yert another worthless thread like this one. It's a developer forum not tech support. And yes it would be easier to just answer this question for the 100th time but after having answered it for the 50th time its more fun to try and get others to be shamed into searching first.
For those posting in this thread, figured it would be a good idea to remind all about the forum rules you accepted when you joined XDA:
FORUM RULES​
1. Search before posting.
Use one of our search functions before posting, whether you have a question or something new to share, it's very likely someone already asked that question or shared that news.
2. Member conduct.
2.1 Language: XDA is a worldwide community. As a result what is ‘ok’ to say in your part of the world may not be ok in someone else’s part of the world. Please think about who is reading what you write. Keep in mind that what you think of as acceptable use of language may not be acceptable to others. Conversely, while reading member posts, remember that word you find offensive may not be to the writer. Tolerance is a two way street.
2.2 Nudity: XDA is used by people of all ages, including minors. It's not acceptable to post nude/pornographic imagery, which includes exposure of the male or female genitalia or of female breasts.
2.3 Flaming: XDA was founded as a group of people sharing information about certain mobile phones. Sharing does not involve virtual yelling (flaming) it does involve working together to solve problems in an environment of mutual respect and understanding. Losing your temper and flaming another member, or group of members, is not acceptable behavior.
2.4 Personal attacks, racial, political and/or religious discussions: XDA is a discussion forum about certain mobile phones. Mobile phones are not racial, political, religious or personally offensive, therefore none of these types of discussions are permitted on XDA.
2.5 New Members: Treat new members the way you would have liked to have been treated when you were a new member. Provide the new members with guidance, advice and instruction always with respect and courtesy.
2.6 All members are expected to read and adhere to the XDA rules.​
3. Post only using a clear subject and message.
You're most likely to receive a helpful answer to your question if you use a short subject title that describes your problem and a message that explains in detail what your problem is and what you've tried to solve it.
4. Use the English language.
We understand that with all the different nationalities not everyone speaks English well, but please try. If you're really unable to post in English use an online translator, You're free to include your original message in your own language below the English translation.
5. Post a message only once.
As a large forum we don't need unnecessary clutter, You're free to edit your message as you like, so if you do not receive an answer revisit your message and see if you can describe your problem better. Not everyone is online at the same time, it might take a while before you receive an answer.
6. Do not post warez.
If a piece of software requires you to pay to use it, either pay or find your cracks and serials somewhere else. We do not accept warez nor do we permit any member to promote or describe ways in which Warez, cracks, serial codes or other means of avoiding payment, can be obtained.
7. Do not spam.
If you wish to advertise a product, contact us we provide ads. But do not post it in the forums, it will be removed and you're likely to receive a ban.
You are however allowed to sell used goods like your own device, parts of your device or accessories for your device in the marketplace forum, please read the rules there before posting. (This rule includes signatures, if you use a signature it will appear in your post)
8. Donations.
We appreciate all donations to xda-developers.com, it keeps our forum online and well maintained. As a user you're allowed to ask for donations in your signature as a thank you for your hard work. However donations up front are not allowed, this forum is about sharing, not about getting paid to do something, that's what your job is for.
9. Don't get us in trouble.
Don't post copyrighted materials or do other things that will obviously lead to legal trouble. If you wouldn't do it on your own homepage, you probably don't want to do it here either. This does not mean we agree with everything the software piracy lobby try to impose on us, it simply means you cannot break any laws here, since we'll end up dealing with legal hassle caused by you. Please use common sense: respect the forum, its users, and those that write great code.
10. Help others if you can.
If you see posts from others where you can help out, please do. This place exists because people are helping each other, and even if you are relatively new to the matter, there's probably already quite a few people newer than you that would benefit from what you've learned. Don't be shy.
11. Don’t post with the intention of selling something.
Don’t use XDA to advertise your product or service. Proprietors of for-pay products or services, may use XDA to get feedback, provide beta access, or a free version of their product for XDA users and offer support, but not to post with the intention of selling. This includes promoting sites similar/substantially similar to XDA-Developers.com.
Do not post press releases, announcements, links to trial software, or commercial services. unless you’re posting an exclusive release for XDA-Developers.com.
Encouraging members to participate in forum activities on other phone related sites is prohibited.
Off-site downloads are permitted if the site is non-commercial and does not require registration.
Off-site downloads from sites requiring registration are NOT encouraged but may be permitted if the following conditions are met:
A) the site belongs to a member of XDA-Developers with at least 1500 posts and 2 years membership who actively maintains XDA-Developers' support thread(s) / posts, related to the download,
B) the site is a relatively small personal website without commercial advertising/links (i.e. not a competitor forum-based site with purposes and aims similar to those of XDA-Developers.com.)​
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.
These rules apply to all software posted on XDA unless that software comes with a license that waives these rules.
Cmon, you can't have development without tech support. Its like saying you can't have bread without butter. The two just go together. If ur going to develop, expect support because its your product. Furthermore, questions arnt worthless nor stupid, just somones lack of knowledge and experience that you may have to give onto others. Additionally; searches may yeld several methods or answers, not just one. So again, my lack of experience may come in the form of a question, such as this thread to better equip myself with the right or successful answers.
chugger93 said:
Cmon, you can't have development without tech support. Its like saying you can't have bread without butter. The two just go together. If ur going to develop, expect support because its your product. Furthermore, questions arnt worthless nor stupid, just somones lack of knowledge and experience that you may have to give onto others. Additionally; searches may yeld several methods or answers, not just one. So again, my lack of experience may come in the form of a question, such as this thread to better equip myself with the right or successful answers.
Click to expand...
Click to collapse
The difference here, is that this is a community-supported forum. XDA is not about "tech support" in the traditional sense, more in users-helping-users. It is important to search before doing anything - and to pursue many of the answers given to find the one that works in your situation. To see multiple answers and then decide to not pursue any of them because there are too many is not helping the community as a whole - and is against the very rules you agreed to upon membership.
All of your questions are answered in stickied threads which are in fact up to date for what you are wanting to do.
Closing this thread before it gets way out of hand.

GPL: Just my 2.cents

Regarding: [ROM][ICS]ICS Stock v1 by Rushabh25
Yeah, closed down without any further notice from moderator.
Would like to know the exact reason and wich XDA rule number was broken.
Actually he did correct the credits.
But it seems not enough to some/all of the devs of the origin works and the many grudgers. Nowadays you have to beg for permissions to use their work. If you want to do the permissioning correctly, than you have to also go back the long line down to the real originator of the work. And that would be not the devs here on XDA but the little developer at Samsung with his/her teammates. And I highly doubt that anyone up the line has ever done it.
None of you have ever heard of GPL?
Who was complaining about closed source anyway?
Again, if you want to do it correctly than state clearly in your packages under wich license you're releasing your work to the public. Do your homework and sort out which license from whom you're using or violating in the first place before complaining about others.
@mods
Please give at least a hint from which all XDA members also can follow the reason behind the action, if you're going to close this thread like the other previous ones. Btw, if the reason is really copyright infringement of the devs here on this forum, than there should be also several thread closed down, because they clearly altered the Apps (theming) of the original author. I don't even have count the threads with the copied Apps from the official market.
Now than, just imagine how cleaned up XDA would be, if you gonna take the same measurement against every thread, like you have previously done to the just two closed threads.
Have a nice day,
ToS
.
Has you can see i didn't removed the link for the ROM. I just want the op to pm the dev asking for permission (is this to hard to do??)
The point is there must be respect for the developers, because the hardwork for our pleasure is from them.
The credits wheren't given at the begining, and before GPL there is the thanks to people that work for us.
If you want be the responsable for disencourage developers to share their work, then go for it!
Best regards
Just to remind you also the forum rules, that you all read i'm sure:
http://forum.xda-developers.com/announcement.php?a=81
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.
These rules apply to all software posted on XDA unless that software comes with a license that waives these rules.

Surver about survey

We all know -- getting the user feedback is essential, but it's hard. At least I find it so.
For example, judging from data gathered from random Android app and game samples, on average:
about 10-20% of all users that have downloaded the app, have actually reviewed the app,
about 10% of those that reviewed the app also leave a comment (making the number of comments approximately 1-2% of all downloads),
about 1% of users communicate via in-app channels,
about 1% of users respond to social posts.
As I mentioned already, this is based on a random sample and the rather small sample size (10) may be biased by statistical error. Nevertheless, it "feels" right
Now, let's say that your user base is wide enough to get the accurate feedback about your product, but only if you could motivate more users to respond to Rate and Leave Feedback requests... but let's leave that for a separate discussion.
What I wanted to ask you all is:
Which questions would you ask your users if you knew they will answer truthfully?
Think survey!
Think user satisfaction!
Think best loved feature!
Don't think girl's/boy's phone numbers!
In the end, I'll try to compile the result in a single survey separated in categories (and based on the popularity of suggested questions) for the community to use.
Let's start asking
<placeholder>
Starter
To get us going, here're some example questions (courtesy of zoomearng.com):
What Features Can You Not Live Without? – Asking people what features they must have on your upcoming product is a great way to find out what is in the highest demand. In short, this online survey question shows you, overall, what features you cannot leave out.
What Is the Most You Would Pay? – Understanding your potential customer’s price range can help you better understand what you can realistically afford to include, and exclude, to hit those price points.
What Did You Like Best About Our Old Product? – If you had an older version of a product and are updating it, finding out what features your customers liked best. Use this online survey question to find out what you should not change in future versions of your product.
What Other Brands Would You Consider? – This online survey question helps you quickly locate and understand your possible competition. Knowing what you’re up against will help you better gauge where your energies should be focused for your product.
What Else Should We Know? – Let your online survey respondents have the floor. This question gives them the opportunity to sound off about things maybe your online survey questions missed. Find out all you forgot to ask about with this question.
One thing that I was not sure how to proceed is the personall, demographic questions. How deep to go and what are the limits?
I believe that the answer to this is in type of survey, but also in giving the user the possibility to opt-out or to make those questions non-mandatory.
What's the safe zone with demographic questions?
I think you can safely ask for:
Country
Age
Occupation
Service Provider(if any, or if necessary)
Another question that can be considered is "Do you primarily use this app for business or personal use?" Obviously only certain apps would use this.
Just a suggestion, but since a lot of questions could vary between apps(like between recreational or utility apps) maybe if you made a tool that allowed app developers to customize and then compile a survey which can then be added to their app with minimal effort it would be awesome. That way developers could ask more app specific questions alongside the more general ones you mentioned above. The hardest thing about that would probably be making it compile into a universal format that can be copy pasted into any apps code, but I'm sure it's not too hard. If the tool automatically created the proper classes along with each survey then it literally could be copy pasted into whatever part of the app the dev wants it in.
Just my 2 cents.
Sent from my HTC Glacier using XDA
Good suggestions, AlanB412.
The Country and Service provider are quite well covered by Play Store statistics (though, should be considered in case app is not published on Google).
Other "personal" stuff, I compiled into one (multiple choice) question for the survey I'm creating for m-parking:
Please tell us something about yourself. Check all that apply.
• Female
• Male
• Younger than 30 years
• 30 years or older
• In school
• Employed
• Unemployed
Click to expand...
Click to collapse
The details of occupation, like industry and field of work, deserve a dedicated question, if needed, of course.
Ideally, the availability of questions should be dependent on previously made choices (e.g. occupation industry should be asked only if employment status "employed" or "self-employed" were previously selected). That kind of branching should make the survey more engaging as opposed to presenting the user with irrelevant questions.
The idea about the "tool" for developers sounds interesting.
How I'm looking at is a library project that has many out-of-the-box available questions, but that allows also for customizations and works dynamically with any question specified in standard strings dedicated resources.
The tricky part is actually not the inclusion of such Survey-library in apps or its dynamic handling of question-answer configuration. It's in (collecting) the reports part. For that to work seamlessly out-of-the-box, a third party "cloud" reporting service should be available -- to collect and provide access to reports.

[FOR DEVS & MEMBERS] Fair Use Terms Of Copyrighted Apps

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.
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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?
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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:

[Poll] Your thoughts on making a fundraiser for custom kernel development/support

Admins, delete if not allowed
So, as I was searching in forums and web pages, I've encounter that the Xiaomi Mi 9 is "forgotten" by kernel developers, some people say it's because of the popularity of some devices like the OP7 Pro, some other says its because there are a lot more interesting devices out there.
What I'm trying to say, is "If the mountain will not come to Muhammad, then Muhammad must go to the mountain".
So what I suggest is make a fundraiser to a kind developer, so he can work (or at least have fun) with our device, either kernel level or something else, of course with his previous consent.
There is so much potential in our device and room for improvements at kernel level (at least on xiaomi's), even more now with that 84Hz mod that it's still very raw in terms of development and maybe this is the chance to at least have a little more development on the forums.
Of course, there is absolutely no obligation on the developers part to release a final product, donations should be seen as support towards a best-effort on the part of the developer that accepts be part of this (possible) fundraiser.
So if you have in mind a great developer, leave his name below, If I'm out of my mind, just ignore or vote correspondingly :good:
It is not allowed
We did a fundraiser already for demon000, apparently XDA no longer allows this though. He is currently working on our device, but good things take time.
See: https://forum.xda-developers.com/Mi-9/how-to/fundraiser-official-los-aosp-t3936463
Keep track here for his kernel development: https://github.com/Demon000/kernel_xiaomi_sm8150
Moderator Notice:
Fundraiser thread for any kind of development is forbidden on XDA.
Thread Closed

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