Is what DJI does with the Mavic legal?

[MacPap]

You cant be forced to accept terms of service. You agreed to the original tos when you first activated the Mavic and as a result it flew unrestricted. As part of the new update there is a new tos to agree to. If you dont agree it is restricted. But its not being forced on anyone. If you dont update you are effectively operating on the original tos you agreed to and therefore your Mavic will not be restricted.

Tht is not the point. What you do not understand is that they make this update MANDATORY or my Mavic will be crippled. Was that also in the original TOS that I agreed upon?

 

[msinger]

It still is a change of deal without my consent AFTER the deal was concluded... No?

No. They sold you what you have right now. If you don't want to use what's available tomorrow, then don't upgrade anything. It's all in your hands now.

 

[MacPap]

I believe the term is BAIT / SWITCH.

Maybe but is even that legal?

 

[Nightowl702]

Tht is not the point. What you do not understand is that they make this update MANDATORY or my Mavic will be crippled. Was that also in the original TOS that I agreed upon?

Show me anywhere it says it will be restricted if you dont update! It will be restricted IF you update and dont re activate. Show me where it says this is a mandatory update!

 

[MacPap]

No. They sold you what you have right now. If you don't want to use what's available tomorrow, then don't upgrade anything. It's all in your hands now.

Meaning that if for some reason I send my Mavic for repair and get it back loaded with the new firmware (standard policy of DJI) I will get a product inferior to the one I had bought right?

 

[Nightowl702]

Meaning that if for some reason I send my Mavic for repair and get it back loaded with the new firmware (standard policy of DJI) I will get a product inferior to the one I had bought right?

No one can answer that untill its released and we see whats its effects are.

 

[MavicCF]

Meaning that if for some reason I send my Mavic for repair and get it back loaded with the new firmware (standard policy of DJI) I will get a product inferior to the one I had bought right?

This is what I'm worried about. Mine is on it's way back from DJI repair and I really don't want to deal with this. -CF

 

[msinger]

Meaning that if for some reason I send my Mavic for repair and get it back loaded with the new firmware (standard policy of DJI) I will get a product inferior to the one I had bought right?

The above message is vague, so there is really no proof the product is going to be inferior after you update DJI GO and/or the firmware. At this point, it's just what's racing around in your head. You're jumping to conclusions and preparing for an end of the world scenario.

Here's another email I received from DJI that includes some more information (still a bit vague though):

 

[Fahr]

Ok I have a question that is bothering me for some time now...

When I ordered my Mavic I did so evaluating its abilities and reading and watching all the promotional videos of the company regarding its performance.

Now after a couple o months DJI asks for a forced firmware update that could restrict the Mavic even more and all that without my consent....

So here is the question. Can DJI do that? Take away abilities for which I have payed and which were decisive in my initial decision to go for the Mavic? Can they simply say "if you do not do what i say ill cripple the product you bought"?
Can they really legally change a product to something inferior to what I bought and get away with it?

Or is there a way to get them to refund me (and all users for that matter) the difference in dollars between the Mavic and a drone that can simply fly 50m away 30m up and has no cam costing a couple of bucks?

Kostas

Legally I don't think DJI can do it, it's just a matter of time before someone takes legal action.
It's like you buy a new car capable doing 100mph etc and after a few months you receive an email telling you that you have to agree to some terms & conditions otherwise the car won't go faster than 5mph and headlights won't function so you won't be able to drive at night also screen wipers would be disabled so you can't drive during rainy days!!!

 

[MavicCF]

The above message is vague, so there is really no proof the product is going to be inferior after you update DJI GO and/or the firmware. At this point, it's just what's racing around in your head. You're jumping to conclusions and preparing for an end of the world scenario.

Here's another email I received from DJI that includes some more information (still a bit vague though):

View attachment 13507

I did hear this update was in response to China cracking down on UAV users and restricting their use due to negligent flying. Trying to keep on the good side of the government maybe? -CF

 

[Nightowl702]

Legally I don't think DJI can do it, it's just a matter of time before someone takes legal action.
It's like you buy a new car capable doing 100mph etc and after a few months you receive an email telling you that you have to agree to some terms & conditions otherwise the car won't go faster than 5mph and headlights won't function so you won't be able to drive at night also screen wipers would be disabled so you can't drive during rainy days!!!

If this was being forced then maybe I could see a legal problem. But to bring action against a company that gives you an OPTION of upgrading or not and I think a judge would laugh you out of the courtroom.

 

[msinger]

I did hear this update was in response to China cracking down on UAV users and restricting their use due to negligent flying. Trying to keep on the good side of the government maybe? -CF

I'm not sure. It all seems to be related to something going on in China. And everyone here who is complaining doesn't seem to live in China.

 

[Fahr]

Legally I don't think DJI can do it, it's just a matter of time before someone takes legal action.

It's like you buy a new car capable of doing 100mph etc and after a few months you receive an email telling you that you have to agree to some terms & conditions otherwise the car won't go faster than 5mph and headlights won't function so you won't be able to drive at night also screen wipers would be disabled so you can't drive during rainy days!!!

 

[DSGDSG]

Yes, it's legal. Nobody forced you to buy their products. You can switch to another manufacturer at the drop of a hat if you choose.

No one forced someone to buy the DJI product, no. But no one knew DJI was going to threaten to limit their product's capabilities until AFTER they bought it, AFTER they opened it and negated any return without financial penalty and no one knew they would do this until AFTER they attempted to connect it.
The notice in the go app doesn't look vague at all. It clearly states if you do not do what they require they WILL limit your device. I looked at many vendors selling this item before I purchased it. I read all the advertising provided. Not on a single page anywhere did it say that after I made my purchase DJI reserved the right to remove any or all the features they advertised whenever they so chose to. This isn't a matter of ignoring the information made available and being poorly educated about the product we were purchasing. This IS false advertising and I believe when someone with enough money to do something about it notices, something will be done.

 

[SkunkWerx's]

We are not being FORCED to update however if you look back into history with Apple / Mac and Android they basically sort of did the same thing::: What they have done was install software on there devices that Track You in real time , when the customers found out about it legal
cases came into the courts that made Apple / Mac and Android manufactures had to make it optional instead of ramming down the throats of the consumer , at the same time they made the Tracking Optional they came out with a bunch of handy apps that all of us can use and in order to use all these useful apps you must ENABLE TRACKING , this is how they MANIPULATED there Live Tracking to be accepted by the masses and it's still optional today in your settings ::: Sound Familiar, What I see in question is even when you Disable Tracking on your Phone or Tablet you are still able to use it for it's main Function you purchased it for , Making phone calls / communications
Now with DJI going down the same road , Take the update or you will lose some Functionality to you Mavic System ??
The difference I see here is many purchased the Mavic for FPV Photo and video sessions of areas that are unobtainable by a human photographer without endangering his or others lives which also pertains to the operating Distance , Height and Camera operation and by doing so Totally Eliminates the MAIN Function it was purchased for !!!!
There is a big Difference here , I hope all realize this !!
Cheer's

 

[Egika]

I'm not sure. It all seems to be related to something going on in China. And everyone here who is complaining doesn't seem to live in China.

I do
I am not complaining though.
My Mavic has been working fine since day one

 

[samd012]

You may be able to fight having to register with DJI, in reality only a government entity (USA) can force you to register a device with the proper due process (not like the FAA did).
Now in regard to the flight restrictions they are not changing the capability of your device in a voluntary or involuntary manner so you are getting what you purchased (as of now). Once that occurs whether by forcing a registration or any other manner that is where your argument would need to reside. Also I have not but someone may want to read their terms of use. If they infer the right to do this in their terms of use and you agreed then legally I am not sure there is anything you can do. Every time you check ok to that box sometimes you would be amazed at the rights you surrender, most people never know!!

 

[rydfree]

A lot of people are complaining purely on speculation . Most mavic owners should only be concerned if the new update lets them fly as high or as far as they want but only in pure manual mode . LOL

 

[msinger]

The notice in the go app doesn't look vague at all. It clearly states if you do not do what they require they WILL limit your device.

All it states is that you must log into your DJI GO account if you update DJI GO and/or the firmware. The vague part is the changes that were made that require the login.

 

[Nightowl702]

With all the mis information being spread around its no wonder everyone is in an uproar. I am going to find these threads comical after 1. Those like me do not update and everything is fine and 2. Those that do update see there is not much difference in operation and everything is fine. At least for those operators not in China.