- All the legal answers surrounding upcycling Android in one page. + Free Software can help to save life of your Android device. Read on this page the common legal questions related to avoid software obsolescence.
-- This page collects the legal information surrounding Upcycling Android -
- -- In short: No. + In general terms, no. The statutory warranty + does not become void by replacing the OS on an Android phone. + Just the fact that you modified or changed the software of your + device is not a sufficient reason to void your statutory + warranty. Vendors should provide a warranty for a period of 2 + years. as long as you have bought the device as a consumer in + the European Union1.
-Statutory warranty should not become void by replacing the OS on an android phone. Vendors should provide a warranty as long as you have bought the device as a consumer in the European Union, unless the trader proves that the consumer's digital environment is not compatible with the technical requirements of the digital content or services supplied and provided that the trader has informed the consumer about such requirements in a clear and comprehensible manner before the conclusion of the contract. + +
+ The Sale of Goods Directive (EU) 2019/771, maintains the position + the FSFE reported in 2012 2. + In case your Android device stops working in 2 years, even with + the OS installed by you, the seller has to fix or replace it. + The new law applies to any goods with digital content. Android + devices (e.g. smartphones and smartwatches) are examples of + such goods. +
+ ++ In case the vendor refuses to provide a warranty and you need + to go to court, the law protects you by imposing on the vendor + the duty to prove that you had caused the defect. If your + device becomes defective in the first year of use, it is + presumed that the defect was there before the purchase 3. However, if your device becomes + defective after the first year, but before 2 years run out, you + are still covered by the warranty. The difference is only that + if the defect arises after the first year, the vendor can claim + that the defect was caused by some action that was triggered by + non-normal use of the device. +
+ ++ Unless the seller can prove that modifying the software, + flashing your device with some other OS or firmware was the + cause for the defect, you are still covered by the warranty. A + good test to see if it is the software's fault is to flash it + back with stock firmware/OS and see if the problem persists. If + it does, it is not a software-caused problem. If it is not + possible to revert it to stock software any more, it is also + not a software-caused defect. +
+ ++ Many manufacturers of consumer devices write into their + warranties a paragraph that by changing the software or + flashing your device, you void the warranty. This refers to a + “voluntary warranty” is the one which the seller or + manufacturer can, but does not need to, offer as an additional + service to the consumer. This is unrelated to the statutory + warranty (also called commercial guarantee by law)4. + Nevertheless, if through the vendor, the manufacturer or anyone + else offers a voluntary warranty, they should be bound to it as + well. +
+ ++ Regarding drivers updates, device vendors must keep the + consumer informed of and supplied with updates, including + security updates, that are necessary to keep devices in + conformity during the warranty period, even if a different OS + is installed. The Digital Content Directive (EU) 2019/770)5 imposes the duty on the vendor to + provide such updates, unless the trader proves that the + consumer's digital environment6 + is not compatible with the technical requirements of the + updates. The vendor should, however, inform the consumer about + such requirements in a clear and comprehensible manner before + the conclusion of the contract. +
+ ++ These provisions do not apply to second-hand devices. However, + in case the vendor agrees to a shorter liability or limitation + period, she/he must be bound to it as well. +
+ ++ In case the vendor refuses your right to repair or replace the + device, you can sue her/him in a civil litigation and report + the incident to the national consumer protection authority. + Consumer associations also can help inform you if there is an + need for hiring a lawyer for this kind of process in your + country.
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