Originally Posted by wu-wei
Wirelessly posted (8800)
Let's look at the whole picture. Hybrids including files from OS 6 are based on the same behavior that's being criticized here. Someone got hold of RIM's intellectual property and is distributing it. The fact that driphter's hybrid includes an alx file to incorporate the OS 6 files is of little consequence. The reality is that these hybrid packages are simply collections of cod files written by RIM. It seems rather suspicious that any economic benefit is derived from that conduct. Quite frankly, very few people truly understand intellectual property law.
Everything you say is true as regards RIM's intellectual property, and if you look at what the hybrid compilers are doing, yes, they are on shaky moral (if not legal) ground in claiming any originality to their hybrids.
But--RIM is well aware of the leaks of "beta" collections of cod files, and I suspect they are even happy to get the free public beta testing on them. RIM doesn't really "sell" their OS versions--RIM sells Blackberry smartphones and services, and the OS versions aren't much good without the RIM phones, unlike, say, pirated software that will run on various types of smartphones or computers.
Now, as you say, the hybrid compilers are merely taking leaked versions of the RIM OS and making new ones. There is probably no intellectual property issue here, per se, although, again, RIM doesn't seem to be objecting to this process. If RIM were against it, the hybrid compilers are pretty much out in the open, and RIM could easily tell them to stop. On the other hand, the hybrid compilers feel there is some value added in their hybrids over the standard OS versions, and apparently some users agree with this and are willing to pay for the hybrids. It's completely voluntary--you can get the leaked RIM OS files for free, or you can choose to pay extra to get the tweaked versions early (later, they are free, anyway).
The only objection I had in this particular case was the contempt the original poster seemed to have for people who were being completely honest in paying for software they could have otherwise obtained for free on the Internet. I am not claiming that any crime, even minor misdemeanor, is being committed.