According to an article on XDA’s site, it appears that they wanted to administer a caveat to their members regarding the use and distribution of Swype Inc’s popular keyboard application, named after the company. It appears that XDA had a hunch that some distribution laws were possibly being violated, and rightfully so. They reached out to the company regarding the issue for some clarification and this is what Swype Inc had to say on the matter:
While we at Swype are obligated to protect our intellectual property, we also feel that the enthusiast community is valuable to the long-term success of our business. With that in mind we’d like to offer some rules for posting content related to Swype here on the XDA-developers forum.
The overriding principle behind our policy is that distributing Swype in any way which would allow its use without a license is a violation of our terms of service and our intellectual property rights. This includes the use of features for which the user does not hold a valid license. Therefore the following situations are not allowed:
- Distribution of Swype standalone APKs in any form;
- Inclusion of Swype in ROMs where the Swype licensing mechanisms have been stripped;
- The addition of features, such as the voice input button, to devices where the user does not hold a license or appropriate rights for these features – this includes the distribution of additional languages; and
- Any other use of Swype that infringes any third party copyrights or other intellectual property rights or violating any third party terms of service.
The following, however, are allowed by Swype (assuming you have all other required third party rights):
Inclusion of Swype in ROMs for devices which come with Swype preinstalled, where the version of Swype matches the version distributed with the device and all licensing mechanisms remain intact, and where the user is not infringing on any third party copyrights or other intellectual property rights or violating any third party (e.g., a device manufacturer or carrier) terms of service; and the use of MetaMorph(R) to modify graphical elements in any licensed installation of Swype.
Thank you for your understanding and cooperation in making sure our intellectual property and that of third parties is protected, while still allowing those who love to customize their devices in such awesome ways the liberty to do so. Swype reserves all of its rights.
I think a majority of people still seem to forget, as in the case of Cyangen’s debacle, that Android is open source but a company’s third party proprietary application is not. That being said, it is a relief to see that Swype is still allowing their app on devices provided their conditions are being adhered to. Don’t forget to let us know what you think in the comments below.
