Using access point as an embedded system

Sep 04, 2003 3 Replies

Does anyone know if it's legal to buy a bunch of brand name wireless access points, flash them with your own software, and then resell them under your own brand name?



I've been looking at the LinuxAp project which allows you to flash an access point with Linux and then I'd like to add some of my own software on the device and resell it. My hunch is that this would be legally problematic but I thought I'd see if anyone else knows before I spend money to talk to a lawyer.



Thanks, Todd


Todd wrote: : Does anyone know if it's legal to buy a bunch of brand name wireless : access points, flash them with your own software, and then resell them : under your own brand name? :

I can't see why this would be against any laws, as long as you don't violate any licensing agreements...

: I've been looking at the LinuxAp project which allows you to flash an : access point with Linux and then I'd like to add some of my own : software on the device and resell it. My hunch is that this would be : legally problematic but I thought I'd see if anyone else knows before : I spend money to talk to a lawyer. :

FYI, most lawyers will provide basic advice like this for free, in hopes that when you need them, you'll remember that they helped you out, etc etc.

Any lawyer that wouldn't answer something like this at least at a high level is probably not worth your time....

ttyl,

--buddy : Thanks, : Todd

I seem to recall a similar case recently. It didn't come out in favor of the reseller.

I can't imagine why an OEM wouldn't want to do endorse this if you had the proper agreements in place to cover them legally. And they'll probably insist on removing their label from the product.

However, selling under your own brand / label / software does raise some interesting issues - I'd bet the FCC, EU, UL, etc. certifications may be no longer valid. This may vary depending on the nature of the OEM relationship.

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is an excellent FREE resource for asking general business questions, legal pointers, etc.

This has a scent of being a low volume scheme (The OP can address this). Remember, it's about money.

At some volume, say between 1000 and 10000 per month, the manufacturer will probably give a very good deal, sell units wholesale without labels or firmware, and be very happy to do so.

At volumes of around 10-20 per month, who cares.

The manufacturer has a few worries.

  • Might be selling to a potential future hardware (or software) competitor

  • (OEM) might damage reputation

  • Liability might attach from use/misuse, regardless of contractual stipulations. You cannot alter the law with a contract.

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