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<?xml version="1.0" encoding="UTF-8" ?>
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<html>
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<version>1</version>
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<head>
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<title>Upcycling Android</title>
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</head>
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<body class="toplevel upcycling-android">
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<div class="color-box background fullwidth top" data-color="android-blue">
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<div class="fullwidth-content">
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<div class="android-logo"><a href="/activities/upcyclingandroid/">
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<img id="head" src="/graphics/upcycling-android-head.png" />
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<img id="text" src="/graphics/upcycling-android-text.png" />
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</a></div>
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<p>
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About legal aspects regarding phone flashing.
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</p>
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</div>
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</div>
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<h3>Does flashing your device (e.g. an Android phone) and replacing its operating system void your statutory warranty, if you are a consumer located in the European Union?</h3>
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<p>
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<strong>In general terms, no.</strong> The statutory warranty
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does not become void by replacing the OS on an Android phone.
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Just the fact that you modified or changed the software of your
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device is not a sufficient reason to void your statutory
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warranty. Vendors should provide a warranty for a period of 2
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years. as long as you have bought the device as a consumer in
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the European Union<a class="fn" href="#fn1">1</a>.
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</p>
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<p>
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The Sale of Goods Directive (EU) 2019/771, maintains the <a
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href="/activities/android/flashingdevices.html">position
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the FSFE reported in 2012</a> <a class="fn" href="#fn2">2</a>.
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In case your Android device stops working in 2 years, even with
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the OS installed by you, the seller has to fix or replace it.
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The new law applies to any goods with digital content. Android
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devices (e.g. smartphones and smartwatches) are examples of
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such goods.
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</p>
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<p>
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In case the vendor refuses to provide a warranty and you need
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to go to court, the law protects you by imposing on the vendor
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the duty to prove that you had caused the defect. If your
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device becomes defective in the first year of use, it is
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presumed that the defect was there before the purchase <a
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class="fn" href="#fn3">3</a>. However, if your device becomes
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defective after the first year, but before 2 years run out, you
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are still covered by the warranty. The difference is only that
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if the defect arises after the first year, the vendor can claim
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that the defect was caused by some action that was triggered by
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non-normal use of the device.
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</p>
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<p>
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Unless the seller can prove that modifying the software,
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flashing your device with some other OS or firmware was the
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cause for the defect, you are still covered by the warranty. A
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good test to see if it is the software's fault is to flash it
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back with stock firmware/OS and see if the problem persists. If
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it does, it is not a software-caused problem. If it is not
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possible to revert it to stock software any more, it is also
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not a software-caused defect.
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</p>
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<p>
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Many manufacturers of consumer devices write into their
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warranties a paragraph that by changing the software or
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flashing your device, you void the warranty. This refers to a
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“voluntary warranty”, one which the seller or
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manufacturer can, but does not need to, offer as an additional
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service to the consumer. This is unrelated to the statutory
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warranty (also called commercial guarantee by law)<a class="fn" href="#fn4">4</a>.
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Nevertheless, if the manufacturer or anyone
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else offers a voluntary warranty through the vendor, they should be bound to it as
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well.
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</p>
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<p>
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Regarding driver updates, device vendors must keep the
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consumer informed of and supplied with updates, including
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security updates, that are necessary to keep devices in
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conformity during the warranty period, even if a different OS
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is installed. The Digital Content Directive (EU) 2019/770)<a
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class="fn" href="#fn5">5</a> imposes the duty on the vendor to
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provide such updates, unless the trader proves that the
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consumer's digital environment<a class="fn" href="#fn6">6</a>
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is not compatible with the technical requirements of the
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updates. The vendor should, however, inform the consumer about
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such requirements in a clear and comprehensible manner before
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the conclusion of the contract.
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</p>
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<p>
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These provisions do not apply to second-hand devices. However,
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in case the vendor agrees to a shorter liability or limitation
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period, she/he must be bound to it as well.
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</p>
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<p>
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In case the vendor refuses your right to repair or replace the
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device, you can sue her/him in a civil litigation and report
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the incident to the national consumer protection authority.
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Consumer associations also can help inform you if there is an
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need for hiring a lawyer for this kind of process in your
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country.
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</p>
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<h2 id="fn">Footnotes</h2>
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<ol>
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<li id="fn1">A "consumer" is a natural person who has acquired the device for private and non-commercial purposes.</li>
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<li id="fn2">The Consumer Sales and Guarantees Directive (1999/44/EC) has been repealed by the Sale of Goods Directive (EU) 2019/771 with effect from 1 January 2022.</li>
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<li id="fn3">Art. 11 of Directive (EU) 2019/771.</li>
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<li id="fn4">Art. 2(12) of Directive (EU) 2019/771.</li>
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<li id="fn5">Art. 12(4) of Directive (EU) 2019/770.</li>
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<li id="fn6">Art. 2 (9) of Directive (EU) 2019/770 defines ‘digital environment’ as means hardware, software and any network connection used by the consumer.</li>
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</ol>
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<p>This project is financially supported by:</p>
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<img src="https://pics.fsfe.org/uploads/big/e4f61b31daadca46e2942f69fb7da6bf.png" />
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<img src="https://pics.fsfe.org/uploads/big/7970e2f7c9c69d4e21f00ca242a657ca.jpg" />
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<p>The publisher is responsible for the content of this publication.</p>
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</body>
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</html>
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