Back on August 10th we ran an article titled, “Is Plazmic Playing Favorites with bPlay?” and at the same time we sent an email to Plazmic and bPlay asking them if they could shed some light on how bPlay had received the updated Content Developers Kit (CDK) before any other developers.
At the time we speculated that one of two things had happened: Either Plazmic had sent the CDK update to bPlay early or bPlay had hacked the original.
Not surprising we never heard back from bPlay but we did however receive an emailed response from James at Research in Motion and based on that email, it would appear the latter of the two is correct and bPlay in fact did “tamper” with the CDK.
Here are a few excerpts from his email:
It has indeed been brought to our attention that a third party software company had been selling BlackBerry Tour themes created with the Plazmic CDK Theme Builder software, prior to the software being available for public distribution. Upon investigation, it was determined that the third party had tampered with the software…
In no way did Research In Motion, or BlackBerry, offer any prerelease, advance or new CDK software to allow anyone to gain a competitive advantage…
Rest assured that the proper measures are being taken to address this occurrence and that there was in no way a competitive advantage given by Research In Motion to any party involved…
Under the License Agreement that all must agree to before downloading the CDK software, it clearly states in section C, paragraph 1:
You agree that except to the extent that Plazmic is expressly precluded by law from prohibiting You from doing so, You will not alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble or Reverse Engineer the CDK, or attempt to do so, or permit, acquiesce, authorize or encourage any other person to do the same.
Given the content of the email and the obvious breach of the License Agreement on the part of bPlay, it will be interesting to see how RIM will, “address this occurrence”.