Is what DJI does with the Mavic legal?

[NEvolution]

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

With respect to this "change of deal" that you speak of, you surely agreed to the "DJI Go App Terms of Use" given your screenshot of the mentioned app.

As such I suggest you should have another read of the "DJI Go App Terms of Use", specifically Section 8: Modification of these Terms. (DJI Go App Terms of Use)

"

Modification of these Terms.​

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
"

And, for your reference

Section 7: Privacy Policy; Additional Terms
"
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 8 below. All Additional Terms are incorporated by this reference into and made a part of these Terms.
"

 

[Forrest]

Just keep flying your old firmware and app version offline. Everything stays like it is forever

Why would anyone update?

 

[ecoleman]

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

DJI are NOT restricting any of the features advertised. They are simply ensuring you are unable to fly in designated no fly zones.....and rightly so.

Get over it people. If you want to fly illegally, buy another product. DJI are simply being responsible.

 

[peros550]

For those who say "you are not obliged to update" please keep in mind that software is written by people, and by nature it can contain bugs. These bugs, may lead to crashes. That's why we need to update. To minimize the possibility of a crash due to a bug.

Furthermore, if users really have an OPTION to UPGRADE, then they MUST have the option to DOWNGRADE the firmware (both in drone and smart device). All these discussions would have not happened if downgrade was an option.

 

[MacPap]

The phone I use to fly has no cell service and I won't be using Wifi, so would this notice even turn up for me? -CF

No it wont but you' ll have no access to maps and satellite photos of the region.

 

[kona]

Is it possible to simply not update?

 

[MacPap]

DJI are NOT restricting any of the features advertised. They are simply ensuring you are unable to fly in designated no fly zones.....and rightly so.

Get over it people. If you want to fly illegally, buy another product. DJI are simply being responsible.

You seem not to want to see the ppoint. What I do is not the responsibility of DJI. ~Last time I checked it was not my tutor. When I buy a car it is not the responsibility of Mercedes what I do with it. If I speed and get a ticket its me that pays. Mercedes on the other hand has to keep my car being able to do what is advertised to do. For example reach 0-100km in under 4 sec and have a max speed of 360km/h. Regardless of what the roadsigns say. Do you see the problem?

On the contrary if a product is intentionally made by its producer to stop doing what i bought it for (namely what its producer advertised) that is cheating the customer. Even if DJI would not say "you have to upgrade", by handicaping the Mavic IF you upgrade, it is equivalent to, saying "if you don't upgrade and agree to a handycaped mavic than ill stop supporting your drone". This in my book is braking a deal/agreement.

 

[MacPap]

Is it possible to simply not update?

Yes it is. Provided that you have a device (phone tablet etc) dedicated to your Mavic that is never going to get any updates including OS updates. Cause if you keep updating the OS at some point the software (DJI GO) wil no longer be suported by the OS of your phone or tablet. At that moment you WILL have to upgrade and hence get a Mavic that does not have all the characteristics you bought it for.

Another reason you will be forced to update could be, If something happens to your bird and you send it for repair. One of the things that they do is update the firmware after they are done repairing. In any case there is at least a few reasons why in future you will be forced to update the firmware on the bird RC and batteries.

 

[samd012]

Not that I agree with what is happening but you agreed to their terms of use the first time you used their product. Whether you agree with, like or dislike the results that is, as they say, what is in the four corners of the document (agreement)
With DJI having no significant competition they can really do what they want and will not feel the financial difference.

 

[MacPap]

Not that I agree with what is happening but you agreed to their terms of use the first time you used their product. Whether you agree with, like or dislike the results that is, as they say, what is in the four corners of the document (agreement)
With DJI having no significant competition they can really do what they want and will not feel the financial difference.

True but I do not recall having agreed to them changing the capabilities of the product at will. No?

As for the second part mighty as they may be (due to lack of competition), lets not forget that, there have been cases, where people took to court companies far more powerful than DJI.

 

[The Mavic Pro]

And what about everybody who buys their DJI drones after the changes are made, and the new drones are delivered with new firmware....will those people have the option to "stay" on an older firmware and have the option to not be affected by this new thing by DJI?
I guess not.

 

[Robbyg]

If you don't already know it by now, then let me be the first to tell you. DJI does not excel at communication. Don't take everything you see for face value.

That's no excuse and I don't even think it's a valid statement. We have a lady in our company that speaks and writes in Mandarin, she has lived in America for most of her life as well as spent several years in China Honing her skills. I have no doubt that DJI has many such employees working for them. They also have American managers who read this stuff and would obviously inform the PR department if the messages was wrong.

Oddly enough the only person from DJI that attempted to correct it is their chief legal expert and then for some reason his clarification was removed by DJI.

I never blindly accept that wording is incorrect. If I did I would have been out of a Job years ago. When something from one of our suppliers crosses my desk I read it carefully. If something is worded oddly I send it back to have it clarified and a new contract drawn up. I cannot tell you how many times over the Last ten years we have had contracts with Chinese companies that seemed to have harmless translation errors only to send it back and be greeted with silence. We press the issue and they finally admit that they cannot guarantee that they can deliver.

Rob

 

[MacPap]

And what about everybody who buys their DJI drones after the changes are made, and the new drones are delivered with new firmware....will those people have the option to "stay" on an older firmware and have the option to not be affected by this new thing by DJI?
I guess not.

This is a completely different case. Because at the moment you buy the product you agree to its capabilities. And there DJI cant be blamed.

 

[Robbyg]

With respect to this "change of deal" that you speak of, you surely agreed to the "DJI Go App Terms of Use" given your screenshot of the mentioned app.

As such I suggest you should have another read of the "DJI Go App Terms of Use", specifically Section 8: Modification of these Terms. (DJI Go App Terms of Use)

"

Modification of these Terms.​

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
"

And, for your reference

Section 7: Privacy Policy; Additional Terms
"
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 8 below. All Additional Terms are incorporated by this reference into and made a part of these Terms.
"

Modifications of terms have been challenged in court and often do not go well for the companies.
The fact is that if the product is modified in such a way as to limit it's operation below the advertised specifications the company is in a position were they can be challenged in court.
They may ultimately be forced to remove the limitations or refund the customers or in some cases do both.

Rob

 

[SkunkWerx's]

That's no excuse and I don't even think it's a valid statement. We have a lady in our company that speaks and writes in Mandarin, she has lived in America for most of her life as well as spent several years in China Honing her skills. I have no doubt that DJI has many such employees working for them. They also have American managers who read this stuff and would obviously inform the PR department if the messages was wrong.

Oddly enough the only person from DJI that attempted to correct it is their chief legal expert and then for some reason his clarification was removed by DJI.

I never blindly accept that wording is incorrect. If I did I would have been out of a Job years ago. When something from one of our suppliers crosses my desk I read it carefully. If something is worded oddly I send it back to have it clarified and a new contract drawn up. I cannot tell you how many times over the Last ten years we have had contracts with Chinese companies that seemed to have harmless translation errors only to send it back and be greeted with silence. We press the issue and they finally admit that they cannot guarantee that they can deliver.

Rob

Thank you for saying that the misunderstanding in communications is just a BS tool used in company to company dealings
DJI just took it from the board room and is using it on the general consumer !!!!!
Like you said : Oddly enough the only person from DJI that attempted to correct it is their chief legal expert and then for some reason his clarification was removed by DJI. I am also not Blind to this !!!!

 

[SkunkWerx's]

DJI has million dollar lawyers and council, they know exactly what they are saying and how to communicate.

That's exactly my point

 

[MacPap]

DJI has million dollar lawyers and council, they know exactly what they are saying and how to communicate.

So we should just sit back and enjoy it? One thing is sure if you do nothing there never nothing going to change....

 

[SkunkWerx's]

So we should just sit back and enjoy it? One thing is sure if you do nothing there never nothing going to change....

Your right , but I'll tell you if my Mavic losses any functionality after this uncalled for update and I can't find a workaround I'll be posting a Video of a DJI Mavic flying full speed sport mode right into a wall then showing me trampling the remote , End of story DJI
Hello Yuncce

 

[DSGDSG]

With respect to this "change of deal" that you speak of, you surely agreed to the "DJI Go App Terms of Use" given your screenshot of the mentioned app.
"

Were the terms presented before the product was purchased and opened? Once a person connected their product and was presented with the rules only to decide that they weren't something they were comfortable with (how they would be able to come to that decision considering they would have to have deciphered what DJI meant in the terms because as we've been told here, you can't accept what DJI writes as what they mean but instead must infer) was there an opportunity to get a 100% refund for the opened, used product? No.

 

[Nightowl702]

Why are there people here so convinced that if they do update then their Mavic will be a completly different machine from the one they bought? That it will have reduced capabilities. Have you guys actually seen whats in the firmware? Im not saying it wont have bugs but some make it sound like you're sure that DJIs purpose of this firmware is to reduce the Mavics capabilities.