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Serious contender for Handango and motricity appeared ?
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msmobiles.com_robot



Joined: 23 Mar 2004
Posts: 16777215

PostPosted: Thu Nov 10, 2005 10:23 pm    Post subject: Serious contender for Handango and motricity appeared ? Reply with quote

Not really.

Read more at http://www.msmobiles.com/news.php/4542.html
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BeyondtheTech



Joined: 22 Mar 2005
Posts: 103
Location: Edison, NJ

PostPosted: Fri Nov 11, 2005 12:05 am    Post subject: Reply with quote

A New Jersey-based company has also opened shopped recently, and as a developer, I was offered to submit my programs...

www.largetree.com

The site is a little buggy, but is promising.

Quote:
Revised: Nov. 1, 2004 Effective: Nov. 1, 2004

SOFTWARE DISTRIBUTION & PUBLICATION AGREEMENT

This Software Distribution and Publication Agreement ("Agreement") is made between ("Software Owner") and LARGETREE ENTERPRISE INC. ("Publisher") (each, a "Party"; together, the "Parties").

A. Grant and Reservation of Rights

License to Use, Publish, and Distribute.

Software Owner grants Publisher and Publisher's authorized agents the right and non-exclusive license to use, supply, publish, distribute, copy (in connection with electronic distribution only), market and license (collectively, "distribute") in any media throughout the world (including the world wide web, and other commercially acceptable means) the computer programs and user manuals (collectively, "Software"), now or later owned by Software Owner, and to accept payments for the Software from customers throughout the world.

Trademark License.

Software Owner grants Publisher a nonexclusive, worldwide, royalty-free right and license to use its trademarks, trade names, service marks, logos or other identifying or distinctive marks (collectively, "Marks"), provided that Publisher will comply with Software Owner's trademark usage guidelines.

Distribution

Publisher, at its sole discretion and at any time, may refuse to distribute any piece of Software that it deems inappropriate for any reason whatsoever. In addition, Publisher, at its sole discretion and at any time, reserves the right to choose which websites or distribution methods, if any, to distribute the Software.

Demonstration License.

Software Owner grants Publisher a royalty-free nonexclusive right and license to use, publicly display, publicly perform, and duplicate the Software for the purpose of marketing or demonstrating the Software to prospective customers. Such marketing or demonstration efforts may include demonstrating the Software online via an Internet accessible emulation device, webcasting, or other means.

Suites.

Publisher reserves the right to ask Software Owner to refrain from incorporating the word "Suite" in the Software name. Upon receipt of this request in writing, Software Owner must make any necessary changes to the Software within twenty-one (21) days.



B. Obligations of Software Owner.

Software Owner agrees:

a. For privacy purposes and other purposes, not to forward the customer name and contact information it receives from Publisher to any third parties.

b. Provide at no charge, unless otherwise noted, to Publisher or where applicable, the customer, the following:

1. Promotional Material.

Marketing materials and user manuals must be provided in all reasonably available media for use, at the Publisher's sole discretion, in marketing, installing or using the Software, including demo or promotional versions of the Software to its advertisers or promoters

2. Infrequent Updating of Software

Software Owner agrees not to update their software frequently on Publisher's website(s) and thereby receive a prominent position on the website(s). Publisher will determine in its sole discretion what is considered frequent¡.

3. Trial Version Links

Software Owner agrees to clearly direct the customer to the Publisher to register and/or purchase the Software.

Publisher reserves the right to evaluate/audit the Software. In case the software does not to comply with either a) or b) Publisher reserves the right to:

· continue listing the Software on Publisher's site charging Software Owner higher commission rate (currently 40% instead of 30% in section C Reports, Collection, Payment, and Fees )

· de-list the software (Publisher will contact Software Owner via email to give the Software Owner the chance to comply)

Consistent with the foregoing, Publisher grants to Software Owner a limited royalty-free nonexclusive and non-transferable license to incorporate and display the Publisher's Marks in the Software computer programs.

4. Software Tested & Suitable for Distribution

The Software must be provided to Publisher in a form suitable for electronic reproduction and distribution. Before delivering any computer program to Publisher, Software Owner must first test the computer program to ensure it is, to a reasonable extent, free of defects.

5. Bug Fixes.

Bug fixes or software patches as are reasonably required to ensure proper operation of the Software must be provided.

6. Enhancements.

Upgrades or enhancements for the Software must be provided within fourteen (14) days of their release, provided that the Software Owner may, at its sole discretion, charge customers for such upgrades or enhancements.

7. Customer Support.

Technical support must be provided by Software Owner that is accessible via e-mail or telephone during normal business hours to customers who purchase the Software. The level of support must, at a minimum, be in accordance with Software Owner's support policies then in effect.

8. Volume Pricing.

Software Owner will provide Publisher with a volume pricing model for all Software unless Software Owner elects to use Publisher's standard volume pricing model for any Software. Consistent with the foregoing, if Software Owner does not supply Publisher with a volume pricing model for any Software, Publisher may use Publisher's standard volume pricing model for sales of that Software in multiple quantities. The volume pricing model used for sales of Software in multiple quantities will determine the suggested retail price ("SRP") for the Software. Software Owner may view Publisher's standard volume pricing model through Software Owner's online account with Publisher accessible via Publisher's website, and Publisher may update Publisher's standard volume pricing model at its sole discretion and at any time.

C. Obligations of Publisher.

Marketing.

Publisher will advertise and promote the Software at Publisher's sole discretion. Software Owner may have to pay Publisher additional charges for advertising on Publisher's website(s).

Publisher's Services.

Publisher will use reasonable efforts to provide initial sales and installation assistance, and first level support services, which will include resolving problems not primarily caused by the Software's malfunction.

Reports, Collection, Payment, and Fees.

• Within 30 days after the end of each month, and provided Software Owner is not in breach of any of its obligations, Publisher will mail to Software Owner a Summary Report (the "Summary Report").

• 2With the Summary Report Publisher will pay Software Owner Net Receipts comprised of all amounts collected with respect to the Software (the "Gross Receipts") during such month, less (i) the amount of all transaction fees applicable to such Gross Receipts, which amount Publisher will retain and pay directly, (ii) Sales Tax, if any, (iii) Value Added Taxes, if any, (iv) Publisher's Fee equal to 20% of the Net Receipts for such month for sales at Publisher's sites,

• Sales tax is currently collected and processed automatically by Publisher, for customers placing orders from The State of Michigan.

• VAT tax is currently collected and processed automatically by Publisher, for customers placing orders from European Union.

• Payments are sent monthly via check through the U.S. Mail once per month. Payments are typically sent in the middle of the month for the previous month's sales. In order to maintain efficiency when expediting checks, Publisher mails checks to foreign Software Owner when the amount due on the account reaches $100 and to domestic ( US ) Software Owner when the amount due on the account reaches $50. If you would like us to hold your checks, we can hold them indefinitely until you contact Publisher .

• Gross Receipts for each month will be reduced by the amount of any prior Gross Receipts that are charged back or lost during such month due to customer refunds processed by Publisher or contested credit card transactions and any fees or penalties associated therewith ("Chargebacks"). If such Chargebacks result in a negative amount of Gross Receipts for a particular month, then within 30 days after the end of such month, Software Owner will pay Publisher an amount equal to such negative Gross Receipts, minus the Publisher Fee applicable to such Gross Receipts. Publisher may enforce its rights under this paragraph by offset against any payments due Software Owner under this Agreement. Publisher reserves the right to de-list or to increase Publisher's Fee up to 50% for Software if Publisher determines, at its sole discretion, that the Software quality or Software Owner customer's support is causing a high chargeback ratio to the Publisher. Publisher will notify Software Owner in advance of taking such action to give the Software Owner a chance to correct the problem.

Verification

Software Owner may, once every twelve (12) months and at its sole expense, hire an independent accountant to audit Publisher's financial records to the extent reasonably necessary to verify Publisher's compliance with its payment obligations under this Agreement. Notwithstanding the foregoing, any financial records not audited within a twelve (12) month period will be deemed accurate and not subject to review. Should such audit discover a discrepancy of ten percent (10%) or more in the Software Owner's favor, Software Owner shall be reimbursed for the costs of such audit, in addition to receiving the adjusted payment.

Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE FURNISHING, FUNCTIONING, USE, DISTRIBUTION OR MARKETING OF THE SOFTWARE OR ANY RELATED ITEM OR SERVICE PROVIDED BY SOFTWARE OWNER OR PUBLISHER.

D. Terms and Termination.

In General.

This Agreement commences on the date of the last signature, electronic via online acceptance or otherwise, and shall remain in effect for twelve (12) months (the "Term"). This Agreement automatically renews for successive twelve (12) month periods (the ¡°Renewals¡±), unless either party notifies the other party in writing, at least sixty (60) days before the end of the Term or any Renewals, of its election not to renew. Either party may terminate this Agreement by giving the other party thirty (30) days prior written notice based on any of the following: (i) the other party's failure to comply with any term of this Agreement within thirty (30) days after written notification; or (ii) the other party's insolvency, cessation of business, or the filing of any proceeding by or against that party seeking relief from creditors.

Final Termination Reports.

Within thirty (30) days of termination of this Agreement, Publisher shall provide Software Owner with a statement of all sums due to Software Owner under this Agreement.

Rights and Duties Upon Termination.

In the event of expiration or termination of this Agreement: (i) Publisher shall not license, sell or otherwise dispose of the Software to any third party after such expiration or termination; and (ii) the Software Owner shall be responsible for continued support of past and future sales of the Software.

Return of Software.

Upon termination or expiration of this Agreement, Publisher shall deliver to Software Owner all Software, including code and documentation, covered by this Agreement or destroy or erase any versions of such material which cannot be returned to Software Owner.

E. Proprietary Rights.

Ownership by Software Owner.

The parties agree that Software Owner owns all proprietary rights, including copyrights, patents, trademarks, and trade secrets, in and to the Software and that this Agreement does not transfer ownership of any of these rights.

Ownership by Publisher.

The parties agree that Publisher owns all proprietary rights, including copyrights or trademarks, in any marketing materials created, modified or otherwise prepared by Publisher which may contain Software Owner's proprietary materials, including copyrights or trademarks.

F. Warranties and Indemnification.

General Warranties.

Each party warrants that it has the full power, legal right and authority to enter into this Agreement and perform its obligations hereunder.

Warranties by Software Owner.

Software Owner warrants that all Software are, as far as Software Owner can reasonably determine, free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information. Furthermore, Software Owner warrants that it has used commercially reasonable means to determine if the Software infringes upon any patent, copyright, trade secret, or any other third party personal or proprietary right, and has determined that the Software provided to Publisher pursuant to this Agreement does not violate any third party's intellectual property rights.

Duty to Indemnify.

Software Owner shall indemnify and hold harmless Publisher against any and all liability, suits, claims, losses, damages and judgments, and shall pay all costs (including reasonable attorney's fees) and damages to the extent that such liability, costs or damages arise from a claim that the Software infringes any patent, copyright, trade secret, or any other third party personal or proprietary right.

Publisher will not be liable for any delay or failure to fulfill its obligations hereunder that results from acts of God, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather condition, failure or fluctuation in electrical power or other utility services or other cause beyond its control.

This Agreement will not be construed to create a joint venture or partnership between the parties and neither will have the right, power, or authority at any time to act on behalf of, or impose any obligation on or to represent the other, except as expressly set forth herein. Software Owner understands that Publisher may subcontract certain of its obligations under this Agreement, including credit card processing and the operation of the restricted server.

G. General Provisions.

Notices.

All notices under or relating to this Agreement may be sent by e-mail or by registered mail to the address below or to any other address the party may designate in writing. This Agreement and its exhibit(s), attachments, and/or addenda, if any, set forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersede all prior agreements, understandings and negotiations with respect to the subject matter hereof.

Amendment.

Publisher may, from time to time, modify the terms of this Agreement by: (i) posting the revised agreement on Publisher's website and notifying Software Owner of the change by e-mail; (ii) forwarding a copy of the revised Agreement to Software Owner, whether electronically or through a postal service; or (iii) any other means reasonably calculated to inform Software Owner of the terms of the revised agreement. Unless Software Owner objects to the revised agreement in writing to Publisher within thirty (30) days of receiving notice of the change, in which case no revision will take effect, Software Owner will be deemed to have accepted the terms of the revised Agreement and the as-revised Agreement will take effect and be binding on both parties at the end of Software Owner's thirty (30) day objection period. No modification, amendment, supplement to or waiver of any provision of this Agreement shall be binding upon the Parties unless in writing and accepted by Software Owner in the manner described above or signed by both Parties.

Governing Law.

This Agreement is to be construed in accordance with the law of the United States of America and, in particular, the State of Michigan . Any dispute or litigation based on, related to or arising out of this Agreement must be brought and maintained in Detroit , Michigan , U.S.A. , before a court of competent jurisdiction. Each party consents to the personal jurisdiction of the State of Michigan, acknowledges that venue is proper in any of its state or federal courts, and waives any objection it has or may have in the future with respect to any of the above.

Acquisition.

Neither party may assign this Agreement, or sublicense, assign or delegate any right or duty hereunder, without the prior written consent of the other; except that either party may assign its rights and obligations under this Agreement to any third party in connection with any merger, sale of assets or other reorganization or consolidation transaction, provided that the third party to whom the rights will be assigned first agrees in writing to assume the assigning party's obligations under this Agreement.

Legal Effect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Counterparts/Facsimiles.

This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original, and such counterparts together shall constitute one and the same instrument. For the purposes hereof, a facsimile copy of this Agreement including the signature pages hereto, shall be deemed an original.

BY COMPLETING THE INFORMATION OR CLICKING THEAGREE¡ BUTTON BELOW, YOU REPRESENT AND WARRANT THAT THE INFORMATION PROVIDED BELOW IS TRUE AND ACCURATE, YOU ARE AT LEAST 18 YEARS OLD, AN AUTHORIZED REPRESENTATIVE OF THE SOFTWARE OWNER AND HAVE THE POWER AND AUTHORITY TO ENTER INTO AND BIND SOFTWARE OWNER TO THIS AGREEMENT. YOU AND THE SOFTWARE OWNER, ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT (WHICH INCLUDES ALL EXHIBITS), UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

FOR PRINTED VERSION OF THIS AGREEMENT, PLEASE SIGN BELOW INDICATING ACCEPTANCE OF THIS AGREEMENT, AND PRINT IT WITH YOUR BROWSER'S PRINT BUTTON.

LARGETREE ENTERPRISE INC. (Publisher) USA , Software Owner


What do you think?
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EJR



Joined: 18 Mar 2004
Posts: 2629

PostPosted: Fri Nov 11, 2005 6:46 am    Post subject: Reply with quote

BeyondtheTech wrote:
A New Jersey-based company has also opened shopped recently, and as a developer, I was offered to submit my programs...

www.largetree.com

...

What do you think?


Well, do I understand it correctly that they give 60% to developers? I think it's nothing special. 80% to developers is much better.
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zohaer21



Joined: 25 Aug 2005
Posts: 40

PostPosted: Fri Nov 11, 2005 9:56 am    Post subject: Reply with quote

80% to developer is good but does it also mean lower prices for us buyers????
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EJR



Joined: 18 Mar 2004
Posts: 2629

PostPosted: Fri Nov 11, 2005 7:49 pm    Post subject: Reply with quote

zohaer21 wrote:
80% to developer is good but does it also mean lower prices for us buyers????


no, the whole idea is that buyer pays the same amount but developer gets more
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kieranEire



Joined: 12 Oct 2005
Posts: 282

PostPosted: Sat Nov 12, 2005 3:17 am    Post subject: Reply with quote

So why don't developers set up their own sites selling their own software.

Think about the service Handago are really offering. They are offering a secure purchase system for online software. Building brands is time consuming and very expensive. They have a brand that customers trust and feel comfortable purchasing from. They have a huge software library for various platforms and provide a less biased news source than other sites cough cough.

Sure 50% sounds high though Handago are a company that has to make profit. Software on there site can be as low as 5 dollars. For all the services they provide 2 dollar 50 cent per sale is not bad. Even for more expensive titles say 30 dollars, 15 dollars per sale is not bad for the complete package of services and brand name Handago provides. Maybe you could name any other online web serive with the same reputation as Handago which will accept less 3 dollars a transaction for selling your product.

Its time windows mobile developers who wine about Handago to either put up there own service or shut up. The fact is there is not so much demand for most of the box product windows mobile software being produced and the real profits are in providing services to indrustry.
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tehdarkstar



Joined: 22 Jul 2004
Posts: 31

PostPosted: Mon Nov 14, 2005 3:37 pm    Post subject: Reply with quote

I spend really a lot of money on Handago.com and I can say that I love their service. They are efficient, you can find anything you want there, it's easy to shop and you get your app quickly, if you need refunds (like I needed in a couple of occasions) they solve your problem very quickly and their tech support is a breeze.

I am a technical consultant but I come from a software development background, so, my feeling is: I believe I get a fair deal when shopping from Handago, so I couldn't bother less about which deals do they have with developers. As kieranEire says, if developers aren't happy, they can go somewhere else to sell their produtcs.
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nforsans



Joined: 18 Jul 2004
Posts: 14
Location: England

PostPosted: Tue Nov 15, 2005 3:16 pm    Post subject: Reply with quote

if there was another way to do it, i.e. to give developers more while offering the level of service handango has been doing for years with secure site and payment processing, another company would do it. That's what free market is about, isn't it?

The fact that the software market is almost a duopoly, and that the duopoly has not been contested for years probably means selling software from thousands of developers can't necessarily be done as efficiently if more money goes to developers. Otherwise, companies like Webis and other would start doing what handango does... But it does not happen for a reason.
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The PocketTV Team



Joined: 28 Mar 2004
Posts: 51
Location: San Francisco, CA

PostPosted: Sun Dec 18, 2005 2:43 am    Post subject: users and developers should support MobiHand! read why... Reply with quote

why ?

because MobiHand, unlike Handango and Motricity, pays 80% of the gross software price to the developers, when you purchase software from www.mobihand.com or from their affiliate http://fairdeal.modaco.com .

most other software vendors (Handango, Motricity/PocketGear/Smartphone.Net, and their affiliates) take a royalty of 40% or more, so they pay only 60% (or less) of the gross software price to the developers.

even though the price payed by the customer is the same regardless where they purchase the software (all those vendors force this contractually!), when they purchase on MobiHand, they support the developer more. MobiHand also accepts paypal, which is not yet the case with the other vendors, i think.

of course, developers should publish all their applications on MobiHand, which is a new player and the field (read http://www.pocketpcthoughts.com/forums/viewtopic.php?t=35081 ). this is easy and fairely painless, and can be done after registering at www.mobireach.com (their developer's website).

at this stage, MobiHand has much less traffic than Handango and Motricity/PocketGear/Smartphone.Net, but with the support of sites like MoDaCo and of the developers community, we can expect that they will pickup steam fast.
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The PocketTV Team



Joined: 28 Mar 2004
Posts: 51
Location: San Francisco, CA

PostPosted: Sun Dec 18, 2005 2:51 am    Post subject: Reply with quote

zohaer21 wrote:
80% to developer is good but does it also mean lower prices for us buyers????


no, unfortunately, that's because Handango and Motricity/PocketGear/Smartphone.Net have a clause in their contract that prevents developers from selling their software anywhere else for lesser price than the one listed on their site.

It means that as soon as you start selling with Handango or Motricity, you should have a single price everywhere else. I don't like this rule, but unfortunately the only way to not be bound by it would be to stop listing software on Handango and Motricity, and since those two bring most of the revenues (because of their quasi-monopoly in the mobile software vending business), we are stuck, and developers are in an weak position.

when Handango or Motricity want more from developers, they just get it, and they apparently can milk the cow (i.e. us developers) much more than we would like.
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EJR



Joined: 18 Mar 2004
Posts: 2629

PostPosted: Sun Dec 18, 2005 8:58 am    Post subject: Reply with quote

The PocketTV Team wrote:

Motricity/PocketGear/Smartphone.Net have a clause in their contract that prevents developers from selling their software anywhere else for lesser price than the one listed on their site.

It means that as soon as you start selling with Handango or Motricity, you should have a single price everywhere else.


incredible! thank you very much for explaining it!

by the way: it would be nice if you could add activation of stereo audio streaming over Bluetooth in your PocketTV players - both for audio and video... - now it works only in Windows Media Player.
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The PocketTV Team



Joined: 28 Mar 2004
Posts: 51
Location: San Francisco, CA

PostPosted: Sun Dec 18, 2005 9:27 am    Post subject: Reply with quote

> by the way: it would be nice if you could add activation of stereo audio streaming over Bluetooth in your PocketTV players - both for audio and video... - now it works only in Windows Media Player.

do you mean that each application needs to do something special to activate this?

it's not managed globally at the OS level (i.e. as part of the device Settings)?

this looks quite stupid, if that's the case.

do you have any pointer or information regarding how to do that? if it's simple to do (and documented somewhere), we'll do it, but i'm really surprised that it's not an OS feature, i.e. if you have bluetooth, and a Bluetooth headset, then i would hope that all audio apps, games, etc, would would with that automatically.

is that not the case?
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EJR



Joined: 18 Mar 2004
Posts: 2629

PostPosted: Sun Dec 18, 2005 9:31 am    Post subject: Reply with quote

The PocketTV Team wrote:

do you mean that each application needs to do something special to activate this?

it's not managed globally at the OS level (i.e. as part of the device Settings)?

this looks quite stupid, if that's the case.


yes! it's not managed globally.

some old implementations do it on OS level for all sounds but new / current implementations (see example here: http://msmobiles.com/news.php/4679.html ) not! I.e. only opening a file in Windows Mediap player is starting the streaming. Somehow Windows Media player does it but how I don't know - maybe ask Microsoft and developer newsgroups? I dunno. The fact is that now to listen to high quality STEREO audio over Bluetooth - in new implementations - one needs Windows Media player - that is lame as you know.
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The PocketTV Team



Joined: 28 Mar 2004
Posts: 51
Location: San Francisco, CA

PostPosted: Sun Dec 18, 2005 9:48 am    Post subject: Reply with quote

sad news...

well, i'll ask on the newsgroup, hopefully someone from MSFT will give some pointers - and maybe explain why it's not managed globally.

i think it's just like the camera API a few years ago: they have not had time to implement it yet, but they will (manage it globally) some day.
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The PocketTV Team



Joined: 28 Mar 2004
Posts: 51
Location: San Francisco, CA

PostPosted: Sun Dec 18, 2005 11:09 am    Post subject: Reply with quote

i got the following info from Peter Foot (MSFT MVP):

Quote:

On WM5 there is an IOCTL which can be sent to the audio driver to divert
audio to the headset. Since A2DP isn't currently supported (Due in AKU2 in early 2006) you'll only get mono "phone" quality audio, so while you can play media player through a headset it's not that great.
You open a handle to "BAG0:" with CreateFile. Then send IOCTL_AG_OPEN_AUDIO (0x01) to switch all audio to the headset. To revert back send IOCTL_AG_CLOSE_AUDIO (0x02). AFAIK no applications do anything special to support this - when activated all system audio goes through the headset. I have yet to be able to try this with WM5 Smartphone but it appears to work on all WM5 Pocket PC devices.


So it's not very good news: the audio is only mono and "phone" quality Sad

And it's strange the no applet has been done yet to do the switching of all the audio to Bluetooth.
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