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Motorola's legal terms claim to strip owners of their right to sell their device

en-us.support.motorola.com

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Re: Motorola's legal terms claim to strip owners of their right to sell their device

#15

Post by ajross »

Absent a winning court case on some very novel arguments, this is pretty obviously illegal: https://en.wikipedia.org/wiki/First-sale_doctrine

You can put anything in a click-through license, but that doesn't make it a contract nor override established legal paradigms.

Re: Motorola's legal terms claim to strip owners of their right to sell their device

#16

Post by godelski »

Any devs here create these types of things? Or other systems that make it hard to repair devices?

Why do you do it? Do you see this as enshitification? Just need to pay the bills? (can't find a different job?) Think "someone else will do it if I don't?" (and don't think they'll have to pay more for the other person or that the other person will be of lesser quality or people turning down the jobs/not applying puts pressure on them?)

I really am curious. FWIW, you can create an anonymous account if you want to truthfully answer these questions. HN just needs an email address and you can use disposable ones or masks. I really do want honest answers.

Note: I __DO NOT__ want answers form others who are just making assumptions about what people creating these things actually do or think. Point is to actually not understand, not "make an ass out of you and me". But if you worked on some other similar program or something like the Sony Playstation stuff, I am happy to have your comment. I just want to keep the theme relevant and not muddied with emotional conjecture that's such a common response to these questions. I appreciate that the people with conjectures want to help, but let's wait and hear responses before we jump to conclusions.

Re: Motorola's legal terms claim to strip owners of their right to sell their device

#17

Post by Benjamin_Dobell »

The no sale requirements in the "contract" is interesting. However, is the following actually legal in the US?

> You have only yourself to blame. Once you get the unlock code, your device is no longer covered by the Motorola warranty; in other words, please don't blame us if things go wrong, even if they appear unrelated to unlocking the bootloader.

In Australia they can revoke the "Motorola warranty" all they want. However, everything sold comes with a warranty that can't be revoked which entitles you to repair, replacement or refund for a reasonable time frame (yes it's intentionally open ended). You have to be using the item as intended, but if the company lets you unlock the device, then that's an intended use case. Even if you do "unlock a device" against a company's wishes, you're able to make warranty claims against the individual parts which are being used as intended. The company would have to demonstrate your tampering was responsible for the damage.

I'm aware the US does not have these same consumer rights, but can a company revoke a warranty?

Re: Motorola's legal terms claim to strip owners of their right to sell their device

#18

Post by ls612 »

chgs wrote: post #14
bogota wrote: post #8

I don’t like what the world has become over the last 20 years.

These types of “agreements” existed in the 90s too.

And were about as enforceable back then as a prohibition on gravity. Strong cryptography and ubiquitous internet have completely changed that.

Re: Motorola's legal terms claim to strip owners of their right to sell their device

#19

Post by [deleted] »

ajross wrote: post #15

Absent a winning court case on some very novel arguments, this is pretty obviously illegal: https://en.wikipedia.org/wiki/First-sale_doctrine You can put anything in a click-through license, but that doesn't make it a contract nor override established legal paradigms.

[deleted]
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