Homebrew Homebrew, ethics, money, license, some related questions

Favna

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There is this little ios app here: http://aocreator.com/

Long story short: it uses browserhax and some related hacks to inject pokemons on your save file using your mobile phone. Everything is fine until you realize that there is a price tag attached on it. 4 bucks.

I am not a lawyer and i don't know if there is something wrong on using a open-source licensed software or non-commercial use software in this way. Of course i suspect that some violation is going on but that's not the point here (even counting that we are moving in a shadowy area of the law anyway)

The problem here is surely ethic: someone is using the work of the 3ds scene in a commercial way and doesn't make anything to point out the fact clearly. The entire injecting procedure is based on the *hax here. Is there something i am missing? Don't want to sound rude but this seems so far from the homebrew community spirit i am a little sad.

PS:
I am developing an homebrew pokemon save file editor right now. I know that this may seem conflict of interests but of course it is not. I am not even considering that this is a pokemon related app. Mine is an hobby done a couple of hours before going to sleep and this seems a commercial work done with some investments and an effective group of developers and designers.


It uses Spider, not Browserhax. And that "Version 1.2 is COMING THIS MONTH with support for new and old 3DS up to ver. 10.5!" is bullshit. They also had a similar message at their previous app PokeBuilder about gen6 support yet never released such an app "within the month". AOBuilder is a huge scam in every aspect. Heck even PKHeX can just generate QR codes for Spider injection, so the only use for this is on-the-go.

Oh and on top of the 4 bucks for the app, you need to pay 2 bucks for each region other than kalos:

chrome_2016-02-06_18-08-55.png
 

Slashcash

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I guess it's a bit of a dick move to not give credit to some work from others that you use, but that's about it.

If it's not worth the money, people won't pay for it. And if you want to convince others it's not worth the money, release a pirated version or make a free alternative. I prefer not to involved legalities.

I don't want to convince anyone of anything. I'm just saying that there is a group of people out there that is aware of this forum and what happens here and decides out of nowhere to release a commercial software without crediting anything. This is bad on its own without taking legality in
 

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I don't want to convince anyone of anything. I'm just saying that there is a group of people out there that is aware of this forum and what happens here and decides out of nowhere to release a commercial software without crediting anything. This is bad on its own without taking legality in
Well, that depends of your definition of "bad". One person may think it's bad just getting unsigned code to run on your console is bad, because hacking is bad, one other may think that it's bad because it's "cheating", one other may think it's completely fine because they actually managed to make something "super-user-friendly", etc etc.
I'm not saying it's fine at all (I think it's actually ridiculous, but honestly it would have been even more ridiculous if they credited someone else), but it's the hacking world. There will always be people using other's work for lucrative purposes.
 

BurningDesire

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I actually really like how the app looks and works. Am I a fan of paying. No. However, like said in above posts. People will try to make money off free workings! It's just the way the world works. Monkey see Mokey do. I mean look at the beginning of 2016. Finebros tried to trade mark reaction videos. A week later EA tries to trade mark the word Ghost. When people find opertunites to make money they always will. Yes this most likely is some sort of violation again a law. Copy right Infringment. Pokemon owns every right to sue these sorry ass business men. Making money off there hard work design cool and unique pocket monsters. I don't know how a feel about this. I downloaded the app and I love it. Every aspect of it. Except that they make us pay for stuff they don't legally own. That aspect makes me sick. This is just my two cents though. Will I be using this. Yes, like I said the design is cool the functions are great! Will I download the DLC no. I will not support that.
 
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Deleted member 370671

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I actually really like how the app looks and works. Am I a fan of paying. No. However, like said in above posts. People will try to make money off free workings! It's just the way the world works. Monkey see Mokey do. I mean look at the beginning of 2016. Finebros tried to trade mark reaction videos. A week later EA tries to trade mark the word Ghost. When people find opertunites to make money they always will. Yes this most likely is some sort of violation again a law. Copy right Infringment. Pokemon owns every right to sue these sorry ass business men. Making money off there hard work design cool and unique pocket monsters. I don't know how a feel about this. I downloaded the app and I love it. Every aspect of it. Except that they make us pay for stuff they don't legally own. That aspect makes me sick. This is just my two cents though. Will I be using this. Yes, like I said the design is cool the functions are great! Will I download the DLC no. I will not support that.
Well, I think this case is a bit special. Because it's hacking, and it's not really legal in the first place, nobody can really sue anyone; it's like Gateway with the brick wave. They can't call a lawyer, because what they're doing is not really legal in the first place, so they do what they can to protect "their" work. Same can be said here; Yellow8 can't sue the app's makers, because what he did is not really legal in the first place. The only thing creators can do is either obfuscate their code, or to hope people won't be greedy.
(unfortunately?), like you said, there will always be people trying to make money with other's works. The only thing we can do to protest against that is to not buy their stuff.
 
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BurningDesire

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Well, I think this case is a bit special. Because it's hacking, and it's not really legal in the first place, nobody can really sue anyone; it's like Gateway with the brick wave. They can't call a lawyer, because what they're doing is not really legal in the first place, so they do what they can to protect "their" work. Same can be said here; Yellow8 can't sue the app's makers, because what he did is not really legal in the first place. The only thing creators can do is either obfuscate their code, or to hope people won't be greedy.
(unfortunately?), like you said, there will always be people trying to make money with other's works. The only thing we can do to protest against that is to not buy their stuff.
Well said. I clap alone.
 
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I actually really like how the app looks and works. Am I a fan of paying. No. However, like said in above posts. People will try to make money off free workings! It's just the way the world works. Monkey see Mokey do. I mean look at the beginning of 2016. Sony tries to trademark lets play. Finebros tried to trade mark reaction videos. A week later EA tries to trade mark the word Ghost. When people find opertunites to make money they always will. Yes this most likely is some sort of violation again a law. Copy right Infringment. Pokemon owns every right to sue these sorry ass business men. Making money off there hard work design cool and unique pocket monsters. I don't know how a feel about this. I downloaded the app and I love it. Every aspect of it. Except that they make us pay for stuff they don't legally own. That aspect makes me sick. This is just my two cents though. Will I be using this. Yes, like I said the design is cool the functions are great! Will I download the DLC no. I will not support that.
There fixed it for you.
 

mediabob

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This stuff happens all the time. It's the reason Hackmii installer had a warning that said you paid for it you were scammed. Back in the day I would see people selling SD cards with all the files to hack the Wii, sometimes bundled with the exploitable game needed to do that particular hack. One of them, the instructions was literally copy and pasted from a guide posted on that other site.

This kind of stuff usually preys on the uninformed. They either don't find this stuff on there own, or they are convinced this is some super easy user friendly version developed for people like them and the stuff on site like this involve some sort of Super hacking that is beyond them.

My friend recently paid $100 for someone to root his phone. He felt like a fool when I pointed him to the website that has a dedicated forum for every phone, detailed guides and all the files.

As long as people buy it this stuff will exists. Most of its unethical, but one could argue that the very Exploits that allow it are as well since most of the time they enable piracy.
 

TimX24968B

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Sry but there site is so cool looking xD
They do that to try to cover up what they do / make it look less suspicious and make them look more legit, and the other thing is, I've seen sites that try to do all sorts of cheats/hacks with other things as well and try to look super legit by making the site look good. It all helps them look better so you can fall into their trap and they can get the money they want.

--------------------- MERGED ---------------------------

thing is some people don't have computer but you need one to install homebrew to use the dam thing it defeats the purpose
I feel like sites like these also somewhat take advantage of people and abuse the fact that alot of them just want stuff like this so conveniently that all they need to do is put an app on their phone and it does everything automatically. Its like so many people are afraid of going behind the curtains and doing the dirty work themselves of getting the hack/cheat/whatever they want, and it really annoys me sometimes.
 
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BoltsJ

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IANAL but, if it's under a permissive license such as MIT or BSD style, then sharing the source code is not necessary. Retaining the license notice is all that is required. If the software license is licensed under the GPL, any user of the software is entitled to receive a copy of the source code upon request (I believe this applies regardless of how the user obtained his copy.) Version 3 of the GPL includes an anti-tivoization clause which prevents locking out modified versions (in practice, this is only relevant for software shipped with hardware devices.) As far as commercial use, none of the three prior mentioned licenses prevent that for two main reasons: the primary is that it would be too restrictive for users and developers, and the secondary is that a non-commercial clause is difficult to enforce due to grey areas in non-profit companies and commercial endeavors that do not make a profit (once again, not a lawyer.) Even if GPL code is used in commercial software, the source code of the GPLed portions and all changes must still be made available to users upon request.

From what I've seen, most of the 3ds homebrew scene releases their source code with no specific license. If posted to an anonymous service, for example pastebin, this effectively, though probably not legally, makes the code public domain, meaning anyone can use it however they please with no obligation to share. If code is put on github without a license, it is presumed to be all rights reserved (that is rights for use must be explicitly granted), but permission is granted to others to both view and fork the source code. As far as I can tell, this means that while you are not granting explicit rights, personal use rights are granted, but not redistribution rights outside of github services.

If @yellows8's browserhax code is used in that product, he may be able to file a cease and disist to Apple to attempt to have the (potential) infringement removed depending on what the actual license is. Since the browserhax repository does not contain a license, it would presumably be all rights reserved except those rights granted through the github TOS. However, before filing the claim, yellows8 should absolutely SEEK THE ADVICE OF A LAWYER to determine his exact rights in this situation.

The long and short of this is that if you are developing software for public release, you should determine how you want your code to be used in derivative works and choose a license that protects those rights. I am partial to the GPL, because it ensures that I will be able to integrate others' changes back into the main repository, and that anyone using the software or a derivative work can tinker with it if they so choose.

I AM NOT A LAWYER and SEEK LEGAL COUNSEL BEFORE TRYING TO ENFORCE COPYRIGHTS
 
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shinyquagsire23

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IANAL but, if it's under a permissive license such as MIT or BSD style, then sharing the source code is not necessary. Retaining the license notice is all that is required. If the software license is licensed under the GPL, any user of the software is entitled to receive a copy of the source code upon request (I believe this applies regardless of how the user obtained his copy.) Version 3 of the GPL includes an anti-tivoization clause which prevents locking out modified versions (in practice, this is only relevant for software shipped with hardware devices.) As far as commercial use, none of the three prior mentioned licenses prevent that for two main reasons: the primary is that it would be too restrictive for users and developers, and the secondary is that a non-commercial clause is difficult to enforce due to grey areas in non-profit companies and commercial endeavors that do not make a profit (once again, not a lawyer.) Even if GPL code is used in commercial software, the source code of the GPLed portions and all changes must still be made available to users upon request.

From what I've seen, most of the 3ds homebrew scene releases their source code with no specific license. If posted to an anonymous service, for example pastebin, this effectively, though probably not legally, makes the code public domain, meaning anyone can use it however they please with no obligation to share. If code is put on github without a license, it is presumed to be all rights reserved (that is rights for use must be explicitly granted), but permission is granted to others to both view and fork the source code. As far as I can tell, this means that while you are not granting explicit rights, personal use rights are granted, but not redistribution rights outside of github services.

If @yellows8's browserhax code is used in that product, he may be able to file a cease and disist to Apple to attempt to have the (potential) infringement removed depending on what the actual license is. Since the browserhax repository does not contain a license, it would presumably be all rights reserved except those rights granted through the github TOS. However, before filing the claim, yellows8 should absolutely SEEK THE ADVICE OF A LAWYER to determine his exact rights in this situation.

The long and short of this is that if you are developing software for public release, you should determine how you want your code to be used in derivative works and choose a license that protects those rights. I am partial to the GPL, because it ensures that I will be able to integrate others' changes back into the main repository, and that anyone using the software or a derivative work can tinker with it if they so choose.

I AM NOT A LAWYER and SEEK LEGAL COUNSEL BEFORE TRYING TO ENFORCE COPYRIGHTS
I don't think it was ever a question whether they were allowed to use the browser payload, smea and yellows8 already saw it in #3dbrew and it was more of a "huh, wonder how it works" thing than something they would get up in arms over. My personal concern is the actual 3dsx which communicates with the iPhone app, if that is based on GPL code at any point (ie pkHex, pcHex) then the rest of his code must be open sourced as you said, however it can be difficult to enforce and some people will just deny they ever used code from those kinds of sources (after all, you could only know by reversing, and even that's somewhat dubious). I'd rather just cut off the developer by creating an alternative for trying to extort money for something which could just as well be free of charge and just as good, although on the flip side, he may have put quite a bit of time and effort into making this. But the only reason I can't really think from that perspective on this one is the app itself already costs $3, and for that I'd be perfectly fine to pay for the utility of it. However, they throw in additional fees in order to use other regions, and that's where the actual cost you may end up paying for full functionality outweighs what I'd say is worthwhile and sane for building on top of other people's work.
 

Harps

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can you point it to me too? soon i will have an android tablet, it would help me to choose.
I'm going to guess the website mention is http://xda-developers.com/
I've been messing around with rooting android and custom roms for almost 4 years, so feel free to message me if you need any help!
Have fun with the world of android :D
 

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