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If the actual files are uploaded(?), doesn't this constitute reverse software piracy? Under what license are the uploaded files covered by? Can facebook require
by 0x0 7y ago
If the actual files are uploaded(?), doesn't this constitute reverse software piracy? Under what license are the uploaded files covered by? Can facebook require the end users to supply the source code for GPL-licensed library binaries uploaded through this system? What about proprietary oem blobs that are often covered by a no-redistribution license or EULA? What if I am an AOSP or vendor developer working on unreleased R&D next-version Android?
- amelius 7y agoNice angle but I guess the defense is that the user explicitly gave Facebook permission to read those files.
- rocqua 7y agoIf I buy a book, I'm allowed to read that book, but I am not allowed to copy it.
- spunker540 7y agoYou are allowed to copy it, you just can’t sell copies of it.
- rocqua 7y agoThe first line of wikipedia: "Copyright is the exclusive right, given to the creator of a creative work, to reproduce the work" You probably won't be in trouble until you start trying to distribute your copies, but the prohibited thing is copying. Hence the term copy-right.
- EarthMephit 7y agoYou are not allowed to copy it, or sell copies of it Under fair-use laws (which vary country to country), you can usually copy a small portion of the work for non-profit educational use https://en.wikipedia.org/wiki/Fair_use https://en.wikipedia.org/wiki/Fair_use
- amelius 7y agoWho says Facebook is copying it, not just reading it?
- flingo 7y agoPermission? They're system libraries. If it can run, it can access those.
- jaimex2 7y agoread, not copy. They upload the files up to their servers.
- wongarsu 7y agoThey read it and write an identical version somewhere else. That sounds like a copy to me.
- lugg 7y agoIt's not an angle it's literally copyright infringement. Users aren't given the right to distribute their copies.
- spunker540 7y agoSo are they allowed to make point in time backups / snapshots of their phone or is that also “copyright infringement”? Usually copyright infringement focuses on distribution for piracy and/or fraudulent sales — this is neither.
- wongarsu 7y agoBackups are a special case exempted from copyright. What is happening here is clearly not a backup for personal use but redistribution to another party for commercial use.
- lugg 7y agoYes, users can copy this data for backup purposes, that is covered by fair use. > Usually copyright infringement focuses on distribution for piracy and/or fraudulent sales — this is neither. I'm not sure what you mean. Copyright infringement is the act of infringing on one's copyright. It's not a question of focus. Copyright law does focus on certain aspects of it but it's not up to Facebook to decide when it's copyright and when it's not. The law is pretty clear here. This is clearly distribution and clearly not licensed copying. The purpose here is largely irrelevant. Further, this is clearly unauthorised access and removal of user data. This is quite likely a criminal act under US hacking laws.
- pbhjpbhj 7y agoFWIW the sibling comments are correct under USA's Fair Use but in the UK there is only a very restrictive Fair Dealing which last I looked did not allow backups without permission unless there is no digital protection in place. There is a right under S.50A to make a backup of a computer program but when paired with the rest of the act it's unworkable. In the UK you can't (you could for a while) rip a CD/DVD, apps like iTunes are contributory infringers.
- beagle3 7y agoIt likely constitutes copyright infringement, carrying a $100K or so civil payment without need to show any damages, if FB is subject to the law. If you hold the copyright to a library deployed on android, you might want to talk to a lawyer.
- londons_explore 7y agoNot that many people do... This only includes system libraries which a phone OEM shipped. It doesn't include libraries which are bundled with an app.
- arianvanp 7y agoThe OEM isn't the copyright holder of the libraries they ship though.
- londons_explore 7y agoVery few of the libraries will be owned by an individual though - I would bet >99% are owned by an OEM or software house. That OEM probably isn't interested in suing facebook for a small amount, because if facebook blocked that OEM's phones, it would probably spell the end of the OEM.
- 0x0 7y agoIf you build a custom AOSP from source and add a new system library or modify an existing system library that adds a proprietary algorithm or maybe even a poem/artwork that you wrote yourself and put a proprietary license/copyright on, maybe you could go after fb for illegally pirating/stealing your own copyrighted work? Probably wouldn't work if you do this just to poke fb knowing about this feature, but if you happened to work on custom AOSP roms for personal use before this feature became widely known, then it sounds like you might possibly have a good cause?
- wongarsu 7y agoIt's not really reverse software piracy, it's just software piracy. Facebook is pirating software off of users' phones.