ROM developer gets cease & desist order

So Jason ‘Termy’ Winstanley over at AndroidSPIN recently reported in his post Google hits yet another leading Android Developer… that eugene373 has been hit with one of those dreaded C&D letters. This is the second C&D letter given to a ROM Developer (The first being the well documented Cyanogen case).

Now where this (if anything) dents the whole Android community.

However I do see where Google is coming from, in fact before i say my piece here is the letter sent to Eugene373 with thanks to the guys at AndroidSPIN and PasteBIN

From: Google

Date: Thur, Feb 4, 2010 at 6:43 PM

Subject: Google Closed Source

To: Eugene373’s E-mail

 

Dear Sir/Madam:

It has come to our attention that you are using the GOOGLE Closed Source without our express written permission. Please note that we allow use of our Applications only if we have granted express written permission; see http://www.google.com/permissions/guidelines.html.

Such unauthorized use constitutes trademark infringement and unfair competition under both federal and state laws. It misleads consumers into believing that some association exists between you and Google; and it weakens the ability of the GOOGLE mark and name to identify a single source, namely, Google.

In the hope that these events have resulted from your inadvertence rather than your deliberate actions, we ask that you contact us within seven calendar days of receiving this email message, and confirm that you will:

1. Cease and desist any further use of the GOOGLE mark and/or logos on your website and any solicitations, packaging, marketing, or other materials without our express written consent.

2. Take commercially reasonable measures to limit the unauthorized use of the GOOGLE mark and/or logos on materials that have already been created.

3. Agree not to use any trademarks owned by Google (including the Google logo) without the advance written consent of Google.

Sincerely,

The Google Trademark Enforcement Team

Now as i said i see what Google are saying and with the Cyanogen one there was ALOT of fuss made about the whole Google Open Source style that Google has and with this there may or may not be more fuss and ROM Developers running for the hills or hiding behind big giant Androids but you really have to agree with a statement that stood out in that email to me.

It misleads consumers into believing that some association exists between you and Google; and it weakens the ability of the GOOGLE mark and name to identify a single source, namely, Google.

Now i know Eugene373 ain’t a employee at Google and I’m sure many others know this also but it may or may not “taint” the image of Google in the long run and confuse many.

And besides the guys at Google ain’t out to destroy developers they gave options (or workarounds) to stay doing what Eugene373 does

1. Cease and desist any further use of the GOOGLE mark and/or logos on your website and any solicitations, packaging, marketing, or other materials without our express written consent.

2. Take commercially reasonable measures to limit the unauthorized use of the GOOGLE mark and/or logos on materials that have already been created.

3. Agree not to use any trademarks owned by Google (including the Google logo) without the advance written consent of Google.

This information wasn’t all there with the Cyanogen C&D so as a ROM user myself i hope this doesn’t scare potential new guys who want to make ROMs but instead warns them on how NOT to get one of these (somewhat famous) C&D orders.

Tip: Use Cyanogen’s Method of distribution of Google Apps for your ROMs – We all know Cyanogen is the most popular ROM Developer so almost everyone gets how to do the flash apps and flash ROM technique and it stops what’s happened, happening to someone else

For your information here are apps that are property of Google

  • Gmail
  • Google Calendar
  • Google Contacts
  • Google Finance
  • Google Goggles
  • Google Latitude
  • Google Maps
  • Google Market
  • Google Search
  • Google Sync
  • Google Talk
  • Google Translate
  • Google Voice
  • YouTube

If there are any missing please leave a comment below and please leave your thoughts on this 2nd C&D order also we love to hear your feedback.

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10 thoughts on “ROM developer gets cease & desist order

  1. I am not sure that I would say that the Google Apps are just about everything that makes Android, Android. If all of these apps were availabe on the iReallySuckAsAPhone then would it be Android? Android, In my humble opinion is far more than the apps that google provide with it. It is the open source-do what you want its your phone-non market censored-etc-operating system that we all love. These apps are core to the Google Experience on Android but there is so mucn more.
    Sorry for the rant and rambling, Carry on

  2. I am not sure that I would say that the Google Apps are just about everything that makes Android, Android. If all of these apps were availabe on the iReallySuckAsAPhone then would it be Android? Android, In my humble opinion is far more than the apps that google provide with it. It is the open source-do what you want its your phone-non market censored-etc-operating system that we all love. These apps are core to the Google Experience on Android but there is so mucn more.
    Sorry for the rant and rambling, Carry on

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