legal options

Discussion in 'HTC Rezound Development' started by portun8, Dec 14, 2011.

  1. portun8
    Offline

    portun8 New Member

    Joined:
    Dec 14, 2011
    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Location:
    Texas
    Ratings:
    +0
    Seems there are several topics relating to the legal side of doing things with phones paid for and owned by the wireless carriers customers. Has anyone really looked into this in order for us to use our phones to their full capability and remove any software or applications we don't want? Some issues are:

    1 - wireless tethering not using the carriers app
    2 - rooting and maintaining warranties
    3 - removing bloatware or getting the carrier to do
    so by requesting it

    Are there any real cases to look at?
    Is public pressure worth trying?
    Has anyone simply insisted and succeeded?

    After all no one is forced to keep software on a PC they buy or dealer installed ads on a car so why are mobile devices any different?
     
  2. SquireSCA
    Offline

    SquireSCA Senior Member

    Joined:
    Jan 12, 2011
    Messages:
    1,273
    Likes Received:
    87
    Trophy Points:
    48
    Location:
    Atlanta, GA
    Ratings:
    +92
    It wouldn't matter, as you signed away any "rights" when you signed a contract or the TOS.
     
  3. MrSmith317
    Offline

    MrSmith317 Moderator Premium Member

    Joined:
    Mar 26, 2010
    Messages:
    1,578
    Likes Received:
    31
    Trophy Points:
    78
    Location:
    Philadelphia
    Ratings:
    +31
    You know as well as I do most of the terms of the TOS are illegal and/or wouldn't stand up in court. I think the op is on to something. Maybe not pertaining to Rezound Development, but I think we need the EFF to help us out.
     
  4. SquireSCA
    Offline

    SquireSCA Senior Member

    Joined:
    Jan 12, 2011
    Messages:
    1,273
    Likes Received:
    87
    Trophy Points:
    48
    Location:
    Atlanta, GA
    Ratings:
    +92
    Well, it would hold up in court in that we signed and agreed to it. If you sign a contract saying that I can punch you in the face whenever I want, it is hard to press charges for assault when I do so. LOL
     
  5. MrSmith317
    Offline

    MrSmith317 Moderator Premium Member

    Joined:
    Mar 26, 2010
    Messages:
    1,578
    Likes Received:
    31
    Trophy Points:
    78
    Location:
    Philadelphia
    Ratings:
    +31
    It's harder for a company to say sign away all your Constitutionally protected rights just because we put in some legalese in a TOS. It's been proven time and time again that TOS's and EULA's are BS mainly meant to protect the company's rear end. If I sold a product and say in my TOS that everyone that uses my product must give me their first born child, it's not going to stand up in court. Just like recently how MS and Sony want to put in their TOS's that by agreeing to their TOS you can't sue them...Yeah, because that's not illegal.
     
  6. SquireSCA
    Offline

    SquireSCA Senior Member

    Joined:
    Jan 12, 2011
    Messages:
    1,273
    Likes Received:
    87
    Trophy Points:
    48
    Location:
    Atlanta, GA
    Ratings:
    +92
    Well, none of the things that we are discussing are Constitutionally protected, that is the difference.

    I am with you in that I detest cell phone companies, I think that they are sharks and will screw you any way they can and then send you a bill for it.

    At the end of the day, you could win the right to do what you want with your phone, but they reserve to right to decide what devices can access their network. I think that in light of the fact that the Nexus will have an unlocked bootloader and can run ROM's and custom kernels and still use VZW's network, that ANY phone should be able to, but I just don't see that happening...
     
  7. RacingTiger03
    Offline

    RacingTiger03 Member

    Joined:
    Mar 17, 2010
    Messages:
    231
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Chatt, TN
    Ratings:
    +0
    yeah, the only true legal standing would be constitutional binding rights and agreements. Such as that between verizon and the govt when VZ purchased the rights for their block of 4G. There was a thread about that awhile back, maybe something will eventually happen, but don't hold your breath waiting. Legislation and the Judicial system move at the speed of molasses unless it is a blatant disregard for public safety, and even then sometimes *shrug*
     
  8. MrSmith317
    Offline

    MrSmith317 Moderator Premium Member

    Joined:
    Mar 26, 2010
    Messages:
    1,578
    Likes Received:
    31
    Trophy Points:
    78
    Location:
    Philadelphia
    Ratings:
    +31
    @SquireSCA...All Android Phones were not created equally?

    To go back to the initial list for a second,

    1 - wireless tethering not using the carriers app
    2 - rooting and maintaining warranties
    3 - removing bloatware or getting the carrier to do so...

    1) Unless you're paying for it,that's never going to happen
    2) Manufacturers void warranties for rooting because you're altering the way the system works. Rightfully so but they really should have expanded terms, such as hardware malfunctions are still covered.
    3) Yeah that will absolutely never happen. Personally I think having it locked should fall under some License Agreement or another with Google, Federal/State Govt, or just plain the Devil "himself"(Because let's face it, Verizon doesn't deal with the other side at all).

    Really number two is the only one that should fall under federal protection in the US. The band that Verizon bought has a stipulation from the FCC that the phones on that sepectrum nee to remain as open as possible.
     
  9. RacingTiger03
    Offline

    RacingTiger03 Member

    Joined:
    Mar 17, 2010
    Messages:
    231
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Chatt, TN
    Ratings:
    +0
    also 3rd is available with ICS from what I've read. I don't know whether it is a hide/freeze/ or uninstall option though.
     
  10. Cammo
    Offline

    Cammo New Member

    Joined:
    Dec 11, 2009
    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Ratings:
    +0
    My business law class simply said that you cannot contract to perform an illegal act. If terms of the agreement are illegal, that term is null and void.

    Of course, as with any legal dispute, that open up all kinds of "full employment" and welfare opportunities for lawyers to argue the facts...
     
  11. MrSmith317
    Offline

    MrSmith317 Moderator Premium Member

    Joined:
    Mar 26, 2010
    Messages:
    1,578
    Likes Received:
    31
    Trophy Points:
    78
    Location:
    Philadelphia
    Ratings:
    +31
    So the two year contract I signed with Verizon is null and void??? What...you mean the amount of money they charge me isn't extortion? Oh, I guess you're going to tell me the chains they have all over my phone doesn't constitute slavery either huh..??
     
  12. atomicwedgie
    Offline

    atomicwedgie Member

    Joined:
    Nov 5, 2009
    Messages:
    587
    Likes Received:
    1
    Trophy Points:
    18
    Location:
    Long Island NY
    Ratings:
    +1
    This can't happen because messing with the OS can have an impact on the hardware. As just one example, suppose you root and use an overclocking tool? Just like on a PC, abuse of overclocking can result in a fried processor, transistors, etc.

    While I am all for the companies being forced to leave the bootloader unlocked (who would buy a PC that didn't allow upgrading the OS?) , I can see there being a clause saying it voids the warranty.