The other shoe drops – Microsoft issues take down notice for Windows Mobile 6.5.1 ROMs
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XDA-Developers have always been in a pretty precarious position when it comes to Windows Mobile ROM’s, with Microsoft fully aware of them, but not doing anything about the ROM’s being modified and traded freely, indicating at least some form of tacit consent.
It seems that consent has now been withdrawn, with XDA-Developers receiving a number to take down notices, seemingly for all the latest Windows Mobile 6.5.1 ROMs.
Not all cooks are affected, in fact most are not, but it seems it’s the ROMs which are on the cutting edge in terms of Microsoft leaks which have been most affected.This may be due to Microsoft not wanting to reveal their cards before the likely February launch of Windows Mobile 6.5.1, or simply that Microsoft not wanting Windows Mobile 6.5 to look bad compared to the latest updates. Windows Mobile 6.5.1 has recently been in the news as the 6.5 Microsoft should have released on the 6th October.
Whatever the reason, insiders do not expect this to have a major effect on the scene, with delays of possibly only a week being likely, but it may move development away from XDA-Developers to smaller websites, which would be a real shame.
If Microsoft manages to plug the Windows Mobile 6.5.1 leaks this may very well negatively affect the Windows Mobile community, as for many its just the continuing development of the OS which keeps them hopeful the OS will continue to improve and be competitive with the other mobile OS’s.
Read the take down notice here.
Has Microsoft lost their mind? Let us know in the comments.
Thanks Chris for the tip.
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Posted in Opinion, community, news, rumour, software, xda-developers | 
Tags: microsoft, news, windows mobile 6.5, xda-developers
Im not too worried yet, i dont think this is the first time. Sometimes Microsoft do this randomly just to keep things in check. It is interesting that they do it right before the launch of the HD2 though and just at the time when the older phones are getting 6.5 ROMs officially.
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Yanni Reply:
October 30th, 2009 at 9:00 pm
The are fake, as anyone who has gotten a take down or C&D from Microsoft could tell you. The verbiage is all wrong. There was no return address and phone number as is ALWAYS the case.
Not just fake but childish fake.
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'…as for many its just the continuing development of the OS which keeps them hopeful the OS will continue to improve and be competitive with the other mobile OS’s.'
That's me you're talking about.
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IMHO its huge mistake, these are your most loyal customers & best real world beta testers at work here & they're getting cut out of the picture.
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l3v5y Reply:
October 28th, 2009 at 10:43 pm
For one or two builds of WM6.5.1. It probably won't be an issue in a weeks time.
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They already received such notice before the release on WM6.5
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Wait. I don't believe this is a legit request.
Where there similar scares with fake Microsoft legal notices?
No lawyer would cite US law out of its jurisdiction and demand action, as it would create a mockery of himself as well as the corporation he represents.
I feel like calling BS on this one. For the sake of community development, I hope I'm right.
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l3v5y Reply:
October 28th, 2009 at 10:42 pm
The ROMs etc are generally hosted on RapidShare not on XDA, and if MS seriously wanted, they could take down XDA. They can afford a bunch of lawyers, XDA can't.
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BTW – my last post goes on the basis that XDA-Developers.com is based in Amsterdam… And that is clearly outside of the USA.
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If it is legit, i think its just down to roms that include voice commander which microsoft charge for. If it isnt, microsoft are idiots, xda-devs it one of the main reasons i like winmo phones.
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l3v5y Reply:
October 28th, 2009 at 10:41 pm
MSVC is licensed to the handset, so it's kinda less illegal than some things in that you've already got a license for it… Some devices don't come with it, so on those it's less legal than on those that do.
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This is another fake C&D, happened multiple times already. This is the exact same letter that was sent out before, we need to just ignore these and continue developing. Also the screenshot you posted was of a COM_2 build, which is defiantly not a 6.5.1 rom.
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I doubt it is legit – every other one has been fake…
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As far as we know, it's perfectly legitimate.
And as I said here: http://forum.xda-developers.com/showpost.php?p=48... would it not be better for MS to take down one build than for us to lose the site by not complying?
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There's a reason it's the same letter, it's because that is what the C&Ds are.
Lower down in that post there were multiple different builds, including 23081, which is as 6.5.1as it gets.
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bikeandestroyx Reply:
October 28th, 2009 at 10:50 pm
Well the others were fake, proven to be. Someone on ppcgeeks contacted M$ and proved that there was no one working for them as an "internet investigator". Have you guys tracked IP's or website/email for the C&D yet? Ah is see i could not see it in the screenshot.
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l3v5y Reply:
October 28th, 2009 at 11:01 pm
Those were the James Young C&Ds.
It's a lot less hassle just to accept that Microsoft may take down a few files every so often than to bother trying to check the legitimacy of every request. If you want to phone up Microsoft Legal, by all means do, but by the time anything has happened, we'll have a new build anyway.
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bikeandestroyx Reply:
October 28th, 2009 at 11:06 pm
The last one was sent was under a different name. I don't know much about legal stuff here, but im just saying I personally think its fake, it doesn't mean it is fake, its just my opinion.
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besides, this is THE main support and "fan" site for winmo phones. stopping development here would be basically pointing the gun at their own head.
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If anything happened to XDA, people will migrate to PPCGeeks.
**BUT**
Microsoft seriously cannot do shit unless they can work the situation with Amsterdam's laws. Litigation from the US won't do anything. And if they try to bombard XDA with costly legal expenses, XDA can most likely notify the courts and use that in their defense.
The legal shenanigans we see in the US aren't always tolerated in other countries.
@13v5y – You are correct about Rapidshare. This further proves the possibility that this is a fake notice. The duty to comply is on whoever is hosting the infringing material.
Anywho,
Lets say XDA refused to comply. What would happen?
Nothing. Microsoft would probably send a message outlining how angry they are.
[skit]
**XDA checks their mail and notices a legal letter**
"Holy crap! Its a summons for US court! What will I do?"
**XDA throws the document in the garbage**
[/skit]
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l3v5y Reply:
October 28th, 2009 at 11:03 pm
I'm not a lawyer but I'm willing to bet MS will win.
We (XDA) are clearly infringing some IP by loading our ROMs with things from MS servers that really shouldn't be in the real world. Now, find me a court that would agree that XDA are doing nothing wrong when you have MS as the other party.
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Check this link out http://duttythroy.net/component/content/article/3...
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l3v5y Reply:
October 28th, 2009 at 11:05 pm
That was on 16 March 2009, and that was for customised OEM ROMs/using the builds from licensed ROMs. The WM6.5.1 aren't on devices apart from MS test ones, and aren't licensed by OEMs. They are MSs IP, and they will probably be protected by MS quite heavily.
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I can tell you that I have personally contacted Microsoft when I got information from another admin at PPCG. I gave them every number that was provided on the notice and the legal rep I was speaking with PERSONALLY assured me that it was not something that originated from them.
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Kinda interesting how MS is such a leaky ship, almost like they're feeding us rom material to be developed on. I personally credit that with some hype for 6.5 out the door. But that's just my two cents…
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Maybe MS is just ashamed of how bad 6.5 looks compared to the competition and wants to hide their embarassment…..
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That "take down note" is fake, MS dosnt send emails when concerning a legal manner, they send real people to your doorsteps, or a note in the mail.
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CT123 Reply:
October 29th, 2009 at 7:30 am
Wrong.
I work for an ISP and we receive email takedown notices on behalf of m$ and others via email all the time when a customer is performing copyright infringement .
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I think that notice is fake just like the rest of them. rom development and improvement is essential to the continuation of the WinMo community. there are a lot of these communities all around the world and if MSFT is really trying to take down the roms from the site it would be like shitting in the toilet but still having your pants on.
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l3v5y Reply:
October 29th, 2009 at 9:36 am
It may be essential, but these are lawyers not people!
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One thing to remember is that when the very first 6.5 custom roms came out for the touch pro and the diamond they got these letters/emails too. It turns out that it was a complete hoax and the guy the supposedly wrote the letter didn't even exist within the microsoft corporation. Some of the chefs even wrote microsoft and they responded by saying that they had never sent out any letter and that they don't communicate through forums or emails. So I'm pretty sure that we are in the clear
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l3v5y Reply:
October 29th, 2009 at 9:36 am
As I have said quite a few times now, if these are legit we're in a massive shit hole if we don't comply. If they aren't legit, we lose a week or twos worth of build and that's it… Oh no!
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Since several years ago, using xda-devs to optimize my phone, was the reason not to go to other OS. Im a huge fan of the very imperfect Windows/Windows Mobile. Computer blue screens among lots of bugs and other hangs, buying a WinMo, turning it on and flashing it directly cause you know that MS simply wasnt prepared enough to optimize the ROMs to how other cooks do?? Sometimes when i think of it its sad, sad to see how many people struggle with MS and still keep up hope, for MS to come and interupt our beautiful developers like this.
And if it was a fake, ignore my post
:D haha
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