There’s nothing like grabbing a cooked ROM for Android and loading it up onto your device for some that fresh feeling goodness. We all know how irritating it can be when there are delays on getting our updates, even if they’re delayed for good reason. So the hacker community has always been quick to the rescue with hacked ROMs so that we can update our handsets before the new versions of an OS is officially available. It’s all been fine and dandy until HTC decided it was time for it to stop.
The site Shipped-ROMs just received a cease and desist letter from HTC, where the Taiwanese manufacturer says that those ROMs are illegal copies of HTC’s “artwork” – whatever that means – and should not be distributed. Perhaps HTC didn’t have a better way to frame it than to call it art, and I’m not quite sure exactly what it’s referring to, but whatever works.
HTC definitely acted with the quickness here as Shipped-ROMs is only about a month old. I can’t remember the last time XDA Developers ever getting a slap on the wrist, or so quickly. See below for HTC’s cease and desist letter and let us know if you think this is going a little overboard, or whether HTC has a case in protecting its intellectual property. Oh, and uh, try not to pay too much attention to the confidentiality note on the bottom stating that the following e-mail is privileged and confidential.
Sent: Thursday, June 17, 2010 2:50 PM
Subject: Cease and Desist Letter of HTC ROMs posted on your website
Dear Sir or Madam:
I write to you on behalf of HTC Corporation (“HTC”), a Taiwanese company with a global business, who is the owner of certain intellectual property (“HTC¡¦s Intellectual Property”). It is our understanding that you are responsible for the hosting of an internet webpage located at http://shipped-roms.com (the “Site¡¨). HTC has also recently learned that the Site contains software/ROM related to HTC¡¦s Intellectual Property which entails illegal copying of HTC¡¦s original art work.
We have very strong reasons to believe that the HTC Intellectual Property was illegally obtained by fraudulent means. The subject dissemination and publication of HTC¡¦s Intellectual Property is in clear violation of HTC¡¦s legal rights and is an infringement of the HTC¡¦s copyrights, goodwill, as well as the other intellectual rights. The continuing distribution of HTC¡¦s Intellectual Property without authorization has constituted a serious criminal offence under the Copyright Act in the U.S. and the EU and other countries where similar laws are enforced.
As you would expect, HTC is the owner and the use of the copyrighted work described above has not been authorized by the owner. By publishing and displaying the Intellectual Property on the Site, you, as the publisher, along with the information source are infringing HTC¡¦s Intellectual Property rights, including but not limited to causing HTC irreparable harm.
For the above reasons, HTC requests that you immediately remove the Intellectual Property from the Site or of all infringing works derived from the Intellectual Property. You shall desist from this or any other infringement of HTC¡¦s rights in the future.
The above information is true and correct. If we have not received an affirmative response from you within two weeks indicating that you have fully complied with these requirements, we shall take further legal action, and pursue all means necessary to protect HTC¡¦s legal and equitable rights. HTC reserves all its rights against you, including legal and equitable remedies.
No.23, Xinghua Rd.,
Taoyaun City, Taoyuan County 330,
Tel: +886-3-375-3252 Ext.6157
CONFIDENTIALITY NOTE : The information in this e-mail is confidential and privileged; it is intended for use solely by the individual or entity named as the recipient hereof. Disclosure, copying, distribution, or use of the contents of this e-mail by persons other than the intended recipient is strictly prohibited and may violate applicable laws. If you have received this e-mail in error, please delete the original message and notify us by return email or collect call immediately. Thank you. HTC Corporation