Would the EULA keep you from using their bootloader?

From: Mathew Howard 
Sent: Friday, August 10, 2018 2:43 PM
To: AFMUG 
Subject: Re: [AFMUG] Ubiquiti Sues Cambium

Once you've bought the hardware, you can put software on it, but the question 
is can somebody else sell software that specifically requires you to violate an 
EULA. Another interesting side note, is that Cambium doesn't actually sell the 
firmware, that's free to download on their website for anyone - what you have 
to buy is the license on the Cambium AP to let that firmware connect to it.


On Fri, Aug 10, 2018 at 3:31 PM Adam Moffett <[email protected]> wrote:

  Ubiquiti contends that some of their software is still running after you 
install Elevate. They never refer to Elevate by name; throughout the document 
they call it "Hacked Firmware" capitalized like a proper noun.  

  AirOS is OpenWRT (ie Linux).  The hardware is a general purpose computer in a 
rainproof housing running a general purpose operating system with a pretty 
configuration web page.  I would characterize ePMP the same way.  I'm 
oversimplifying, but that's basically what these products are.

  I'm sure they will present their case a different way than I am, but if I've 
bought the hardware and now I own it, I am definitely allowed to put my own 
software on it, or even put someone else's software on it.  I don't believe for 
a minute that I could be constrained by an EULA in this.  I'm sure we'll find 
out who's right in court, but if Jay's argument is right, that would be like 
selling me a hammer and making me click an agreement that I can only hit your 
proprietary nails with it.  Or selling me a car and telling me I can only put 
your brand of gasoline in it.

  -Adam



  On 8/10/2018 4:13 PM, [email protected] wrote:

    OK, but if you violate a software agreement, you should just simply stop 
using the code, right?
    Does Cambium root the radio or is there still UBNT code running?  I have 
not followed this product at all.  

    From: CBB - Jay Fuller 
    Sent: Friday, August 10, 2018 1:46 PM
    To: AnimalFarm Microwave Users Group 
    Subject: Re: [AFMUG] Ubiquiti Sues Cambium


    oh yes they are.  the agreement itself tells the user what they can and 
can't do.  the lawsuit is saying cambium violated that agreement by changing 
the code, etc, and even using / reusing some of the same code.  and replacing 
the copyright with cambium's copyright, lots of little things adding up.


      ----- Original Message ----- 
      From: Mathew Howard 
      To: AFMUG 
      Sent: Friday, August 10, 2018 2:41 PM
      Subject: Re: [AFMUG] Ubiquiti Sues Cambium

      Unless the radio is old enough that it came with firmware that didn't 
have that feature... 


      But they're saying that Cambium is specifically instructing people to 
accept the agreement, and then violate the terms. They don't appear to be going 
after anyone so much for violating the agreement, but rather for telling other 
people to violate the agreement.

      On Fri, Aug 10, 2018 at 2:34 PM CBB - Jay Fuller 
<[email protected]> wrote:


        they're saying you have to accept the license agreement to access a 
radio to even change software.
        they are right - - unless you use tftp recovery.   you don't have to do 
that on a dell computer.

          ----- Original Message ----- 
          From: Adam Moffett 
          To: [email protected] 
          Sent: Friday, August 10, 2018 1:47 PM
          Subject: Re: [AFMUG] Ubiquiti Sues Cambium

          Dell isn't harmed when you install Linux on your computer.
          Likewise I don't see how Ubiquiti is harmed when you install Elevate.

          Someone has to spell out the difference for me.



          On 8/10/2018 2:40 PM, CBB - Jay Fuller wrote:


            so - assuming they are held liable and have to pay damages

            how much do ya'll estimate they've made from elevate?

            now, don't get me wrong, i have a soft spot for both companies.  
they've both made me a lot of money.

            i hate to see them doing this - - but i fully see ubnt's point of 
view too.


              ----- Original Message ----- 
              From: Mathew Howard 
              To: AFMUG 
              Sent: Friday, August 10, 2018 1:37 PM
              Subject: Re: [AFMUG] Ubiquiti Sues Cambium

              Cambium is not publicly traded... unless something has changed 
recently.


              On Fri, Aug 10, 2018 at 1:30 PM CBB - Jay Fuller 
<[email protected]> wrote:


                wasn't aware cambium was publically traded?

                  ----- Original Message ----- 
                  From: [email protected] 
                  To: AnimalFarm Microwave Users Group 
                  Sent: Friday, August 10, 2018 1:23 PM
                  Subject: Re: [AFMUG] Ubiquiti Sues Cambium

                  Or short Cambium.... you never know.  


                  MoviePass is selling at 5.1 cents per share right now.  
                  Or 20 milli cents in pre split dollars.   Millipennys?  Money 
is metric, right?

                  In other words, I bought at 60 cents and it is now at 0.020 
cents...

                  From: Tyson Burris 
                  Sent: Friday, August 10, 2018 12:19 PM
                  To: AnimalFarm Microwave Users Group 
                  Subject: Re: [AFMUG] Ubiquiti Sues Cambium

                  Looks like its time to short the hell of UBNT stock.  I don’t 
see a lawsuit as a favorable to WISP opinions.  Dragging WISPs and Vendors into 
it is very sticky.

                  Could end up being negative.



                  Tyson Burris, President 
                  Internet Communications Inc. 
                  739 Commerce Dr. 
                  Franklin, IN 46131 
                    
                  Daytime # 317-738-0320 
                  Cell/Direct # 317-412-1540 
                  Online: www.surfici.net 





                  What can ICI do for you? 


                  Broadband Wireless - PtP/PtMP Solutions - WiMax - Mesh 
Wifi/Hotzones - IP Security - Fiber - Tower - Infrastructure. 
                    
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                  From: AF <[email protected]> On Behalf Of Mike Hammett
                  Sent: Friday, August 10, 2018 12:34 PM
                  To: AnimalFarm Microwave Users Group <[email protected]>
                  Subject: Re: [AFMUG] Ubiquiti Sues Cambium



                  
https://www.fcc.gov/news-events/blog/2015/11/12/clearing-air-wi-fi-software-updates



                  -----
                  Mike Hammett
                  Intelligent Computing Solutions

                  Midwest Internet Exchange

                  The Brothers WISP






--------------------------------------------------------------

                  From: "Mike Hammett" <[email protected]>
                  To: "AnimalFarm Microwave Users Group" <[email protected]>
                  Sent: Friday, August 10, 2018 9:31:29 AM
                  Subject: [AFMUG] Ubiquiti Sues Cambium

                  
https://www.facebook.com/thebrotherswisp/posts/1660546944070751



                  Ubiquiti Networks, Inc.​ sues Cambium Networks​.



                  
https://www.law360.com/articles/1071813/wireless-co-ubiquiti-says-rival-sells-hacking-firmware



                  I'd like to see more of the claims.



                  They've also sued Sakid Ahmed and Dmitry Moiseev of Cambium.

                  They've sued WINNCOM TECHNOLOGIES, CORP.​.



                  They've sued BLIP Networks​, a WISP in southern Illinois.





                  -----
                  Mike Hammett
                  Intelligent Computing Solutions

                  Midwest Internet Exchange

                  The Brothers WISP






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