Legality of Moto bricking your phone?

This is a discussion on Legality of Moto bricking your phone? within the Droid X Hacks forums, part of the Droid X Development category; Now that Congress has made, for all intents and purposes, rooting a legal act, what's everyone's opinion on the 2.2 update and the thought that ...


Page 1 of 2 12 LastLast
Results 1 to 10 of 15
Like Tree2Likes

Thread: Legality of Moto bricking your phone?

  1. #1
    X Lurker Achievements:
    100 Experience Points3 months registered31 days registered7 days registered
    discstu37's Avatar
    Member #
    3175
    Join Date
    Jul 2010
    Posts
    2
    Liked
    0 times

    Legality of Moto bricking your phone?

    Now that Congress has made, for all intents and purposes, rooting a legal act, what's everyone's opinion on the 2.2 update and the thought that by downloading it OTA, it could POTENTIALLY brick your phone? (I'm aware there's many options to prevent this from occurring).

    Theoretically, if Moto or VZW sent a patch through to brick a rooted phone, wouldn't they be breaking the law by preventing our right to root and thus be held liable?

    *Please note, this thread of discussing legality and potential liabilities, not teach me how to block OTAs

  2. Droid X Forums
    Ads


  3. #2
    X Lurker
    Points: 1,100, Level: 17
    Level completed: 50%, Points required for next Level: 100
    Overall activity: 0.1%
    Achievements:
    3 months registered250 Experience Points100 Experience Points31 days registered7 days registered
    4freese's Avatar
    Member #
    3820
    Join Date
    Jul 2010
    Location
    Blackstone, Virginia
    Posts
    20
    Liked
    1 times
    I feel like it would be a waste of their time to do that anyways. However, if it did happen and it was common knowledge, then all one would have to do is un-root, upgrade and then wait for the new way to root the said "un-rootable" software again. Theres always a way around everything. JMHO.

  4. #3
    X Lurker Achievements:
    3 months registered250 Experience Points31 days registered100 Experience Points7 days registered
    Deluxe's Avatar
    Member #
    1105
    Join Date
    Jul 2010
    Posts
    21
    Liked
    2 times
    The law doesn't give you the "right" to root your phone, it just says that it is not a criminal offense for the end user to modify the software once they get it.
    (Just like it's not a criminal offense to cancel my contract prior to the expiration of the 2 year term. The federal government won't prosecute me for it, but Verizon would certainly be entitiled to their early termination fee. Just because something isn't illegal doesn't mean you have a "right" to do it.)
    If you modify your phone, then you do so at your own risk. I'm sure that there is an EULA (end user licensing agreement) that becomes effective when you activate your phone in which you agree not to make any unauthorized changes to the phone. I don't believe there is any way that Verizon or Motorola could ever be held liable for sending an upgrade designed to help your phone, even if that upgrade bricks your phone because you have altered it.
    Just my 2 cents.

  5. #4
    X Conveyor Achievements:
    500 Experience Points31 days registered250 Experience Points100 Experience Points7 days registered
    luv2increase's Avatar
    Member #
    640
    Join Date
    Jul 2010
    Posts
    455
    Liked
    51 times
    Quote Originally Posted by Deluxe View Post
    The law doesn't give you the "right" to root your phone, it just says that it is not a criminal offense for the end user to modify the software once they get it.
    (Just like it's not a criminal offense to cancel my contract prior to the expiration of the 2 year term. The federal government won't prosecute me for it, but Verizon would certainly be entitiled to their early termination fee. Just because something isn't illegal doesn't mean you have a "right" to do it.)
    If you modify your phone, then you do so at your own risk. I'm sure that there is an EULA (end user licensing agreement) that becomes effective when you activate your phone in which you agree not to make any unauthorized changes to the phone. I don't believe there is any way that Verizon or Motorola could ever be held liable for sending an upgrade designed to help your phone, even if that upgrade bricks your phone because you have altered it.
    Just my 2 cents.
    Actually, if the phone or any product for that matter is purchased, the consumer has the right to do anything they please to it. It is their property by LAW.
    -- Rooted Droid X --

    - Core i7 920 @ 4.1Ghz
    - EVGA Classified 760
    - 2 x EVGA GTX 480s in SLI
    - 6GB G.Skill 2GHz CAS 8 RAM
    - Thermaltake 1200W PSU
    - BD-RW Drive

  6. #5
    X Informant Achievements:
    3 months registered31 days registered250 Experience Points100 Experience Points7 days registered
    Immolate's Avatar
    Member #
    927
    Join Date
    Jul 2010
    Posts
    42
    Liked
    1 times
    You own the phone. You do not own the software on the phone however, even if you paid for it. You merely have license to use it.

    Nobody cares what you do to your phone or the software on it, unless you use it for an unlawful purpose.but changing the software and selling it may run afoul of your license. Whether the software owner considers it worth pursuing is another matter.

    Personally, I think Motorola puts in what Verizon wants them to. What do they care what you do with it? Verizon is another matter. They want to milk as much cash as they can from you every month. But they don't want to chase you off either, so they strike a careful balance between freedom and accountability.

    Let me put it this way: if Verizon could attract a million new customers by letting ten thousand hack the x, they would. If they could make a million extra bucks by locking it down hard, they'd do that.

    But Verizon is aware that part of the appeal of their strategy with android is the openness of the platform, so they are sensitive to any threat to that perception of openness. That means we super-consumers (of mobile phones anyway) have some power we can exert even with the mighty Verizon.

    Sent from my DROIDX using Tapatalk

  7. #6
    X Informant Achievements:
    250 Experience PointsTagger Second Class100 Experience PointsCreated Album pictures7 days registered
    Renthor's Avatar
    Member #
    2298
    Join Date
    Jul 2010
    Location
    New Hampshire
    Posts
    96
    Liked
    23 times
    Quote Originally Posted by Immolate View Post
    You own the phone. You do not own the software on the phone however, even if you paid for it. You merely have license to use it.

    Nobody cares what you do to your phone or the software on it, unless you use it for an unlawful purpose.but changing the software and selling it may run afoul of your license. Whether the software owner considers it worth pursuing is another matter.

    Personally, I think Motorola puts in what Verizon wants them to. What do they care what you do with it? Verizon is another matter. They want to milk as much cash as they can from you every month. But they don't want to chase you off either, so they strike a careful balance between freedom and accountability.

    Let me put it this way: if Verizon could attract a million new customers by letting ten thousand hack the x, they would. If they could make a million extra bucks by locking it down hard, they'd do that.

    But Verizon is aware that part of the appeal of their strategy with android is the openness of the platform, so they are sensitive to any threat to that perception of openness. That means we super-consumers (of mobile phones anyway) have some power we can exert even with the mighty Verizon.

    Sent from my DROIDX using Tapatalk
    Very well put. Bottom line is if we're modifying/rooting for personal use, it would seem this ruling frees us from "persecution" (is Moto/VZW really going to sue individual users for doing so? probably not), but if we sell/distribute/etc then we may still be OK under this, but it doesn't free us from breaking said license and would give grounds for Moto/VZW/whoever to seek compensation or whatever they deem appropriate (usually a Cease & Desist in my experience - see HTC and their Sense clock knock-offs). Read: intellectual property
    BlackBerry Pearl > BlackBerry Storm > Motorola Droid > Motorola Droid X

  8. #7
    X Informant
    Points: 1,153, Level: 18
    Level completed: 53%, Points required for next Level: 47
    Overall activity: 0.5%
    Achievements:
    250 Experience Points3 months registered100 Experience Points31 days registered7 days registered
    rafarquhar's Avatar
    Member #
    891
    Join Date
    Jul 2010
    Posts
    38
    Liked
    5 times
    Quote Originally Posted by luv2increase View Post
    Actually, if the phone or any product for that matter is purchased, the consumer has the right to do anything they please to it. It is their property by LAW.
    We can do anything we please to it, yes. But that doesn't mean anything to Motorola.

    If Motorola releases an update that somehow has huge problems with rooting and bricks all rooted phones (I don't see this happening, for the record), that isn't illegal. Rooting your phone is legal, but that doesn't mean that root prevention is illegal. It also doesn't mean that Motorola is responsible for incompatibilities with hacks and updates.

    I don't really know how to put it into words properly. In short, Motorola can do whatever they want. You can't be arrested for rooting, but that doesn't mean that Motorola has to be kind to rooters.

  9. #8
    X Informant
    Points: 1,706, Level: 24
    Level completed: 6%, Points required for next Level: 94
    Overall activity: 1.8%
    Achievements:
    Three Friends250 Experience Points7 days registered100 Experience PointsCreated Album pictures
    Mitch13's Avatar
    Member #
    2641
    Join Date
    Jul 2010
    Location
    Florida
    Posts
    98
    Liked
    1 times
    Quote Originally Posted by Deluxe View Post
    The law doesn't give you the "right" to root your phone, it just says that it is not a criminal offense for the end user to modify the software once they get it.
    (Just like it's not a criminal offense to cancel my contract prior to the expiration of the 2 year term. The federal government won't prosecute me for it, but Verizon would certainly be entitiled to their early termination fee. Just because something isn't illegal doesn't mean you have a "right" to do it.)
    If you modify your phone, then you do so at your own risk. I'm sure that there is an EULA (end user licensing agreement) that becomes effective when you activate your phone in which you agree not to make any unauthorized changes to the phone. I don't believe there is any way that Verizon or Motorola could ever be held liable for sending an upgrade designed to help your phone, even if that upgrade bricks your phone because you have altered it.
    Just my 2 cents.

    I agree with this 100%,
    You own the phone, but not the software.
    "Death's gotta be easy, 'cause life is hard
    It'll leave you physically, mentally, and emotionally scarred"

  10. #9
    X Pursuant
    Points: 4,469, Level: 42
    Level completed: 60%, Points required for next Level: 81
    Overall activity: 0.1%
    Achievements:
    1000 Experience Points500 Experience Points7 days registered250 Experience Points100 Experience Points
    BOWIE's Avatar
    Member #
    1078
    Join Date
    Jul 2010
    Location
    Scottsdale, AZ
    Posts
    603
    Liked
    39 times
    It's more basic than all that; if you do not use the product as directed, then they are not responsible for harm or damage. It's the same reason why you can't sue super-glue if you decide to use it as a sexual lubricant. You can't hold motorola responsible for damage cause by you doing something that you weren't supposed to do in the first place.

  11. #10
    Agent X Achievements:
    31 days registered500 Experience Points250 Experience Points100 Experience Points7 days registered
    Asharad's Avatar
    Member #
    294
    Join Date
    Jul 2010
    Location
    Tiamat
    Posts
    1,100
    Liked
    25 times
    Quote Originally Posted by BOWIE View Post
    You can't hold motorola responsible for damage cause by you doing something that you weren't supposed to do in the first place.
    Hrm. I've thrown all my original documents in the trash. Did any of those documents tell me that I should not root the phone or attempt to substitute Motorola's OS with one of my choosing?

Page 1 of 2 12 LastLast

Remove Ads

Ads

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Stuff to Enhance your Moto Droid X Experience
    By MrCapcom in forum Droid X General Discussion
    Replies: 0
    Last Post: 07-19-2010, 03:25 PM
  2. Moto Q to DX -Believe or not
    By Androidrookie in forum New Member Introductions & Site Assistance
    Replies: 5
    Last Post: 07-19-2010, 12:19 PM
  3. Moto Droid to Moto Droid X
    By happydroid in forum New Member Introductions & Site Assistance
    Replies: 2
    Last Post: 07-19-2010, 02:11 AM
  4. Replies: 7
    Last Post: 07-17-2010, 03:14 PM
  5. My Moto Droid knows something is up
    By Garemlin in forum Droid X General Discussion
    Replies: 8
    Last Post: 07-15-2010, 11:20 PM

Search tags for this page

is bricking a phone legal

,

legality bricking phones

,

legality of bricking

,

what is bricking your phone mean

Click on a term to search our sites for related topics.