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Clarity on Terms of Use, software, hardware, and the recent update

dwallersv

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So much confusion and misinformation running in these threads about what DJI can and can't do, class action lawsuits, etc. Thought I would summarize here for everyone.

First, understand one critical point in all this that most don't: You do not need the DJI GO4 app to use all the functionality built-in to the Mavic Pro. While it is true that all the marketing, packaging, etc. focuses on features and functionality only available in GO4, understand that this functionality is exclusively in GO4 -- there is no native ability to Active Track, fly waypoint missions, etc. in the drone firmware -- you need additional code in GO4 that actively operates the aircraft during these flight modes. (there are supporting interfaces in the SDK for implementing these capabilities, and both GO4 and 3rd party apps use these interfaces to implement things like Active Track. Still, such capability is not directly available in the Mavic).

GO4 is not included with the product. It is a separate, free software application that provides a ton of enhanced functionality when used with your DJI drone. The fact that there are other third-party solutions that provide similar functionality, and can be used without ever needing to install and run GO4 emphasizes the separate nature of the smart-device app, and the actual drone and controller itself.

THAT is the actual legal landscape. Of course everyone goes and grabs GO4, because much of what it does are the very reasons we bought the Mavic. Still, legally you do not need it, so when you do install it, you are bound by a completely separate agreement for its use.

Just as you are not required to use GO4, you are not required to update when new versions come out. Understand that you could be; it is not unusual for some software applications to require the user to stay updated in order to retain liability on the part of the software supplier for future harm (usually safety or security issues). This is the case with cars, for example. If you get a recall notice to update some firmware in a computer in the car (say, the ABS module), and you fail to do it, when that fails in the future, your brakes don't work, and you kill someone you will be 100% responsible.

That is not the case with GO4. You did not agree to stay updated to the most current release, and only use that to operate your aircraft. So you are not required, ever, to update.

Now I understand that some (many?) look at this and say, "that's just a lot of BS. GO4 is an essential part of the product". Honestly, I agree. However, that is merely an opinion, and not the one that is reflected in the law. The law allows marketing and product presentation that is inordinately deceptive, and pretty much every company takes advantage of it. They push right up to the margin, and the dishonest ones even step across it a little now and then (I personally don't see DJI like this).

So, we wind up with the sort of situation we have -- DJI deliberately paints a picture with the Mavic that we all see, but it is an illusion. When you buy the Mavic, you have not yet obtained all the coolness DJI sold you. You have to sell you soul ('cause they won't sell you GO4 for money) to get all the cool stuff, it's perfectly legal .
 
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Good post.

But let's also not forget that all the Doomsdayers are just assuming (with GREAT speculation) that the new TOS and/or the new firmware will limit their MP and take away certain features that they once had access to.

So far none of this has proven to be true and I fully expect that it will remain that way.

Long story short - fear mongering due to 100% speculation does no one any good.
 
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