Does anyone can find post with link to screenshot DJI legal stating upgrade optional and that .suasnews.com was not reporting correctly?
I wanted to state that if the recent screenshots can be proven to be authentic, then it would appear that DJI's legal counsel went on record by stating in writing that DJI is not going to "force" anyone to upgrade if they don't want to, specifically as it applies to the upcoming firmware and the new DJI Go and DJI Go 4 apps. Then if they recant or renege on that, it could be grounds for class action.
But I can't find that post with the screenshot anywhere anymore.
Anyone know which one I'm talking about? Was it removed/redacted?!
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Update, found it:
https://i.imgur.com/hcA2Hl3.png
Antivirus scan for e00e800c9c31fd1204e175e35cdec77f435316d3c7b27afa8e2c1af9e985ac3c at 2017-05-21 17:56:14 UTC - VirusTotal
Brendan Schulman, Vice President of Policy and Legal Affairs at DJI, stated on or about May 20th 2017 that "You do not have to update the firmware and app if you don't want to." and that "If you do, you'll just need to reactivate with a single login"
So the real question is, if a user chooses or otherwise elects not to update the firmware and not to update the app, presumably the artificial limitations such as the 98 feet maximum altitude and 150 feet maximum range will not then nor at any point in the future retroactively take effect on this older firmware and app versions?
My legal analysis is that if DJI gives existing users BOTH the option NOT to upgrade firmware/app and ALSO do nothing in the way or preventing existing users who are choosing NOT to upgrade to be subjected to new limitations then there is nothing to see here. If there is not a "silent countdown timer" in firmware versions such as .200/.400/.500 etc that will at some yet to be unbeknownst point in time that disallows the Mavic from flying (or otherwise materially handicaps it in any way shape or form) until and unless the owner upgrades to this aforementioned "new firmware", "new app" that will require re-activation, re-login, etc then from a legal standpoint DJI is covered.
If however what attorney Schulman really meant when he said "You do not have to update the firmware and app if you don't want to." is that DJI is not legally compelling any user to perform the act of upgrading, however after a point in time, to be determined at DJI's discretion, those who don't upgrade will no longer be able to fly their Mavic and /or will be capped to 98 feet max altitude, 150 feet max range, no live feed, and other artificial limitations post-sales, retroactively and after the fact, without consent and without re-activation, without having to have consented to nor agreeing to new terms of service etc then potentially DJI at least in the US could be in legal troubles here if some customers so inclined were to wish to take legal action.
I wanted to state that if the recent screenshots can be proven to be authentic, then it would appear that DJI's legal counsel went on record by stating in writing that DJI is not going to "force" anyone to upgrade if they don't want to, specifically as it applies to the upcoming firmware and the new DJI Go and DJI Go 4 apps. Then if they recant or renege on that, it could be grounds for class action.
But I can't find that post with the screenshot anywhere anymore.
Anyone know which one I'm talking about? Was it removed/redacted?!
/////////
Update, found it:
https://i.imgur.com/hcA2Hl3.png
Antivirus scan for e00e800c9c31fd1204e175e35cdec77f435316d3c7b27afa8e2c1af9e985ac3c at 2017-05-21 17:56:14 UTC - VirusTotal
Brendan Schulman, Vice President of Policy and Legal Affairs at DJI, stated on or about May 20th 2017 that "You do not have to update the firmware and app if you don't want to." and that "If you do, you'll just need to reactivate with a single login"
So the real question is, if a user chooses or otherwise elects not to update the firmware and not to update the app, presumably the artificial limitations such as the 98 feet maximum altitude and 150 feet maximum range will not then nor at any point in the future retroactively take effect on this older firmware and app versions?
My legal analysis is that if DJI gives existing users BOTH the option NOT to upgrade firmware/app and ALSO do nothing in the way or preventing existing users who are choosing NOT to upgrade to be subjected to new limitations then there is nothing to see here. If there is not a "silent countdown timer" in firmware versions such as .200/.400/.500 etc that will at some yet to be unbeknownst point in time that disallows the Mavic from flying (or otherwise materially handicaps it in any way shape or form) until and unless the owner upgrades to this aforementioned "new firmware", "new app" that will require re-activation, re-login, etc then from a legal standpoint DJI is covered.
If however what attorney Schulman really meant when he said "You do not have to update the firmware and app if you don't want to." is that DJI is not legally compelling any user to perform the act of upgrading, however after a point in time, to be determined at DJI's discretion, those who don't upgrade will no longer be able to fly their Mavic and /or will be capped to 98 feet max altitude, 150 feet max range, no live feed, and other artificial limitations post-sales, retroactively and after the fact, without consent and without re-activation, without having to have consented to nor agreeing to new terms of service etc then potentially DJI at least in the US could be in legal troubles here if some customers so inclined were to wish to take legal action.
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