PSP “scam” sites? Dark_Alex homebrew sold? And how to avoid scams

Before we discuss the selling of homebrew on eBay, we just want to mention Dark-Alex.com. Again. There are other iffy sites listed in the Full Article (click on the “Full Article” link below). And then there are people selling homebrew on eBay (they’ve been doing this for years). We’ll jump straight into the discussion (you can read about the two eBay sales by clicking on the “Full Article” link below). What do we think?

Legal mess. If homebrew programs are “freeware,” then parts of the software (or all of it) are proprietary (“are somebody’s property”). The software is “free” or “available without charge” for redistribution (i.e., letting your neighbor have a copy). Even if the homebrew developers let you distribute the source code “for free” – that’s still only making it open source. It isn’t clear if it’s OK to sell the hard work of others without crediting them or giving them a cut. Besides, what does Sony have to say about that? Can people sell applications for Sony’s PSP even though these applications don’t have a license from Sony?

The developer’s proprietary or “ownership” rights. Whatever the case, arguably, the maker of something has proprietary privileges over that something. At least philosophically, ethically, and by common practice (any lawyers out there wanting to throw in some free advice on whether homebrew developers have any legal say about their software?).

Conditions and credit. As far as we know, many homebrew developers have made CONDITIONS about the redistribution of their hard work: “you are free to redistribute this AS LONG AS CREDIT GOES WHERE IT IS DUE.” That’s just good manners. We feel for Dark_Alex (who mentioned being fed up and plans to quit the scene) – there are sites that really do such nasty things: bad manners and stealing credit and identity theft. Bad manners will get your website flamed by the righteous burning justice of a very angry PSP homebrew community. We protect our own, right?

Truly free software. To make things more complicated, some homebrew is “free software.” This means the maker doesn’t really care if you sell it and make money out of it. The maker is just throwing the code out there and hoping that people will benefit. We mustn’t get confused between “freeware” and “free software (with conditions)” and “free software.”

The “real” issue. Only one half of the issue is the SELLER who earns money from stuff he or she didn’t make – some of us are OK with that kind of “capitalism,” and some of us are not. But there’s another bigger issue here: people are paying for software that the homebrew developers said should be free.

False advertising. Seller beware. If you claim something or you lead somebody to believe something about your product that really isn’t true, you can be hauled to court. Many times people are sold free software while the seller NEVER tells the person “this software is free; it’s not written by me.” It would be nice if the seller says “you’re not paying for the software, you’re paying for the PSP and the charger – by the way, here are the websites of the developers…”

But what if…? For example, you make a compilation of Dark_Alex‘s and other people’s homebrew and sell it with your PSP. Are you reselling “your” PSP with “extras like homebrew”? Or are you reselling the hardwork of homebrew developers who intended their work to be distributed for free? (There’s a longer example in our Full Article if you really want a tough “what if.”)

Tough questions. Stuff like this that can destroy a community if we don’t think about things right. Finally, if you’re the kind of person who wants to pay for your software, then you should send a donation to hardworking homebrew developers and independents. There are also free software movements that need support.

Go ahead, click on “Full Article” for a list of iffy sites and details on the two eBay sales!

pj1115 over at PSP3D made a list of top sites to avoid online. We’ll cover those before discussing the sale of free homebrew on eBay.

• Dark-Alex.com. We talked about this before.
• UnlimitedPSPmovies. This download site says you’ll get unlimited movie downloads if you pay US$ 34.95. According to pj1115, “these files are probably illegal” and are “illegal torrent downloads with no seeds.” The site also asks you to turn off your firewall (kids, this is something you shouldn’t do). pj1115 is concerned about spyware – we’re concerned about identity theft and nasty viruses; if you have no firewall, anybody can take all your important info.
• FeedmyPSP and PSPwizard123. Same thing as above: you pay a fee and get free movies, cheats, music, games… But pj1115 points out that the “Hacker safe” and “100% secure” labels are pixelated and are not hyperlinked to any real certificate or agency.
• UnlimitedPSPGames. From the same people who brought you unlimited PSP movies for only US$ 34.95. They offer P2P, and tell you not to download anything illegal from them.

Now let’s look at two eBay sales. Basically, people are selling homebrew on eBay. They’ve been doing this ever since the PSP came out, but we’re not going to keep quiet about it just because it’s a tough issue.

One sold “53 old and new homebrew applications” for nearly 40 US dollars. As for the other one, pj1115 says “this person is selling the Dark_AleX 2.71 generic downgrader for £5″ and this defeats “the purpose of free software and indirectly abuse Dark_AleX” (£ 5 is about 10 US dollars).

There’s also a part that looks like the seller claims to be the coder: “THE ENTIRE FILE WAS CREATED AND WRITTEN BY ME SO THEREFORE I HAVE RESELL RIGHTS.” I think the “file” the seller is talking about is his “guide” on downgrading, but if pj1115 and others think he’s claiming the homebrew is his, then it’s a bit ambiguous. Even if the guide on how to download was written by the eBay seller, there’s still that sticky issue of the homebrew. Is it the seller’s homebrew? Or is it Dark_Alex’s? We make no judgments until we hear the full story.

So what the hell does this mean?

Legal mess. If homebrew programs are “freeware”, then parts of the software (or all of it) are proprietary (“are somebody’s property”). The software is “free” or “available without charge” for redistribution (i.e., letting your neighbor have a copy). Even if the homebrew developers let you distribute the source code “for free” – that’s still only making it open source. It isn’t clear if it’s OK to sell the hard work of others without crediting them or giving them a cut. Besides, what does Sony have to say about that? Can people sell applications for Sony’s PSP even though these applications don’t have a license from Sony?

The developer’s proprietary or “ownership” rights. Whatever the case, arguably, the maker of something has proprietary privileges over that something. At least philosophically, ethically, and by common practice (any lawyers out there wanting to throw in some free advice on whether homebrew developers have any legal say about their software?). Basically, if the maker of a thing says “I want this distributed for free,” things will get ugly when the thing is sold – and where the developer doesn’t even get credit for it.

Conditions and credit. As far as we know, many homebrew developers have made CONDITIONS about the redistribution of their hard work: “you are free to redistribute this AS LONG AS CREDIT GOES WHERE IT IS DUE.” That’s just good manners. We feel for Dark_Alex (who mentioned being fed up and plans to quit the scene) – there are sites that really do such nasty things: bad manners and stealing credit and identity theft. Bad manners will get your website flamed by the righteous burning justice of a very angry PSP homebrew community. We protect our own, right?

Truly free software. To make things more complicated, some homebrew is “free software”. This means the maker doesn’t really care if you sell it and make money out of it. The maker is just throwing the code out there and hoping that people will benefit. We mustn’t get confused between “freeware” and “free software (with conditions)” and “free software.”

The “real” issue. Only one half of the issue is the SELLER who earns money from stuff he or she didn’t make – some of us are OK with that kind of “capitalism,” and some of us are not. But there’s another bigger issue here: people are paying for software that the homebrew developers said should be free.

False advertising. Seller beware. If you misrepresent what you’re selling (you claim something or you lead somebody to believe something about your product that really isn’t true), you can be hauled to court. Many times people are sold free software while the seller NEVER tells the person “this software is free; it’s not written by me.” It would be nice if the seller says “you’re not paying for the software, you’re paying for the PSP and the charger – by the way, here are the websites of the developers…”

But what if…? For example, you make a compilation of Dark_Alex’s and other people’s homebrew and sell it with your PSP. Well, you went through the effort of downloading them, you burned the CD, you even wrote your own instruction manual and included a FAQ for PSP newbies, and you’re throwing in other gadgets and accessories and a charger or two along with your PSP. Are you reselling “your” PSP with “extras like homebrew”? Or are you reselling the hardwork of homebrew developers who intended their work to be distributed for free?

Tough questions.

We’re just scared. Because it’s stuff like this that can destroy a community if we don’t think about things right.

Finally, if you’re the kind of person who wants to pay for your software, then you should send a donation to hardworking homebrew developers and independents. There are also free software movements that need support.

Finally, pj1115’s advice is good stuff and you should heed them (we’ll summarize them here – this article has been too long already):

If it promises easy, legal downloads, be aware. If it has testimonials, read carefully and look for any regularities that might indicate a common author. Check the disclaimer; if it mentions P2P, leave. If it promises unlimited content, at high speeds, with a one-off or regular membership price, walk away.

Look for a security certificate logo that is clear, and links to an authentic certificate from a reputable organization. NEVER obey a site when it tells you to disable your security software, this is a commonly used trick! Use a site advisory product. I suggest downloading “McAfee site advisor.”