The question is not limited to phones. E.g. you may also update the firmware of your television, see:
http://openlgtv.org.ru/wiki/index.php/Wiki_index If I could rely on the fact that the manufacturer/seller would have to rescue me if I accidentally bricked my TV set, I might be more likely to play with the replacing of its firmware. Regards, Dov On Tue, Dec 10, 2013 at 12:47 PM, Shlomo Solomon <[email protected]>wrote: > Oleg Shalom, > > I'm pretty sure that the link you provided is a "generic" > Samsung warranty (for appliances, TVs, etc) and not specifically for > phones, so that would explain why there's no mention of rooting. > > I do know that the Scailex (official importer) warranty on Galaxy > phones is even more "draconic" than I previously stated. Clause 10 > specifically mentions rooting and clause 13 mentions damage caused by > installing apps, without defining how we know there is a "cause and > effect". Here's a link: > http://www.samsungmobile.co.il/files/docs/tudat_achrayut_pr.pdf > > As you correctly stated, we're dealing with Google, Samsung and (in my > case) Pelephone. My kids' phones are guaranteed by Scailex, but I'll be > getting a phone from Pelephone so I'll be interested to see what their > guarantee says. > > Under Israeli law, all electronic goods costing over 150 Shekels must > have at least a 1 year warranty. Here's a link. > http://www.moital.gov.il/NR/exeres/8D759CFE-E35B-4F44-8642-B5CED0F7429F.htm > > The exception (according to that link) is intentional damage or > unauthorized use, but I assume there could be a claim that rooting is > "intentional" or "unauthorized" and everyone "knows" that it potentially > causes damage. The law also states that if the provider proves > negligence ("RASHLANUT") he must still repair damage but can demand > payment. Again, who defines if rooting is negligence? > > > On Tue, 10 Dec 2013 10:55:46 +0200 > Oleg Goldshmidt <[email protected]> wrote: > > > Shlomo Solomon <[email protected]> writes: > > > > > 4 - Speaking of rooting, I never understood why this voids the > > > warranty. I'm not a lawyer but this needs to be challenged in court. > > > > IANAL, either, but I would be interested to know what the *statutory* > > warranty in Israel is. I googled and even searched > > www.consumers.org.il specifically, but didn't find > > anything... :-( Ponters, anyone? > > > > For a non-lawyery explanation read on, or stop here. > > > > The "rooting voids warranty" clause that just about every manufacturer > > and provider (the party who you really deal with in most cases, I > > suppose) has does not have a leg to stand on in many > > jurisdictions. Every manufacturer/provider will tell you that your > > warranty is void if you do something 'unauthorized', but what they > > mean is their *voluntary* warranty. They will conveniently forget to > > even mention that there is also a statutory warranty. Oft-mentioned > > is, e.g., the EU Directive 1999/44/CE that says that to void a > > statutory consumer warranty the manufacturer/provider must *prove* > > that the user's actions directly caused the fault. In most cases this > > is far more difficult/expensive for the company than just repairing > > or replacing the device. So is defending the position in a small > > claims court. > > > > The usual advice is to 1) not volunteer infomation about rooting - if > > you bricked the device they might be able to figure it out, but they > > are unlikely to go through the trouble (and then prove that this was > > the root cause of the problem) rather than just reflash the ROM; 2) > > make it clear that you know your rights w.r.t. statutory warranties - > > the manufacturer/provider takes a calculated chance that most people > > don't. #2 is advisable even without #1. > > > > I think that in the US there also exists a Warranty Act that says that > > the manufacturer/seller must prove the fault was caused by the > > consumer. The actual applicable statute probably depends on the state. > > > > So, can anyone point to a source that spells out the Israeli law? > > > > > The last time I read a phone warranty I seem to remember that it > > > referred to the warranty being voided if you install unauthorized > > > software. But who defines what is unauthorized? Google? There are > > > tons of apps on Google Play that require root so does that imply > > > that rooting is allowed? > > > > You deal with Google, the manufacturer (e.g., Samsung), and the > > provider or seller whom you actually got your phone from. They all > > may have different *voluntary* warranties that may even contradict > > each other. > > > > Samsung is a curious case, by the way. It was widely reported that > > they refused to repair Vodafone-branded Galaxies because Vodafone (not > > customer!) installed 'custom firmware' on them. On top of that, Steve > > Kondik (a.k.a. 'Cyanogen') was, until recently, employed by Samsung to > > work on CyanogenMod. The irony... > > > > By the way, I don't see anything specifically about rooting in > > > > http://www.samsung.com/il/support/warranty/warrantyInformation.do > > > > [Hebrew], but IANAL. > > > > > > -- > Shlomo Solomon > http://the-solomons.net > Sent by Claws Mail 3.9.0 - KDE 4.10.2 - LINUX Mageia 3 > > > _______________________________________________ > Linux-il mailing list > [email protected] > http://mailman.cs.huji.ac.il/mailman/listinfo/linux-il >
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