A while back, we published our (XDA administration) stance on what constitutes legal distribution of Swype and what didn’t. Well, we finally got an official statement from the developers at Swype Inc. as we have seen many people who still argue that it is ok to share Swype in certain ways (via apk, etc). It turns out that we were right regarding our approach and we would like to share the letter that Swype Inc. has sent to us.
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.
We believe that this is pretty clear and we should try to abide by what the developers are asking us to do. Please try to refer to this in case you have any doubts. Alternatively, you can ask anyone from the Moderator Team if you have any questions regarding this. Thanks for your understanding and for keeping us away from trouble.