OT: rooting vs. warranty in Israel? [Was: Linux with Android MTP]

[Shlomo Solomon]

Oleg Shalom,

I'm pretty sure that the link you provided is a "generic"
Samsung warranty (for appliances, TVs, etc) and not specifically for
phones, so that would explain why there's no mention of rooting.
 
I do know that the Scailex (official importer) warranty on Galaxy
phones is even more "draconic" than I previously stated. Clause 10
specifically mentions rooting and clause 13 mentions damage caused by
installing apps, without defining how we know there is a "cause and
effect". Here's a link:
http://www.samsungmobile.co.il/files/docs/tudat_achrayut_pr.pdf

As you correctly stated, we're dealing with Google, Samsung and (in my
case) Pelephone. My kids' phones are guaranteed by Scailex, but I'll be
getting a phone from Pelephone so I'll be interested to see what their
guarantee says.

Under Israeli law, all electronic goods costing over 150 Shekels must
have at least a 1 year warranty. Here's a link.
http://www.moital.gov.il/NR/exeres/8D759CFE-E35B-4F44-8642-B5CED0F7429F.htm

The exception (according to that link) is intentional damage or
unauthorized use, but I assume there could be a claim that rooting is
"intentional" or "unauthorized" and everyone "knows" that it potentially
causes damage. The law also states that if the provider proves
negligence ("RASHLANUT") he must still repair damage but can demand
payment. Again, who defines if rooting is negligence?


On Tue, 10 Dec 2013 10:55:46 +0200
Oleg Goldshmidt <pub at goldshmidt.org> wrote:

> Shlomo Solomon <shlomo.solomon at gmail.com> writes:
> 
> > 4 - Speaking of rooting, I never understood why this voids the
> > warranty. I'm not a lawyer but this needs to be challenged in court.
> 
> IANAL, either, but I would be interested to know what the *statutory*
> warranty in Israel is. I googled and even searched
> www.consumers.org.il specifically, but didn't find
> anything... :-( Ponters, anyone?
> 
> For a non-lawyery explanation read on, or stop here.
> 
> The "rooting voids warranty" clause that just about every manufacturer
> and provider (the party who you really deal with in most cases, I
> suppose) has does not have a leg to stand on in many
> jurisdictions. Every manufacturer/provider will tell you that your
> warranty is void if you do something 'unauthorized', but what they
> mean is their *voluntary* warranty. They will conveniently forget to
> even mention that there is also a statutory warranty. Oft-mentioned
> is, e.g., the EU Directive 1999/44/CE that says that to void a
> statutory consumer warranty the manufacturer/provider must *prove*
> that the user's actions directly caused the fault. In most cases this
> is far more difficult/expensive for the company than just repairing
> or replacing the device. So is defending the position in a small
> claims court.
> 
> The usual advice is to 1) not volunteer infomation about rooting - if
> you bricked the device they might be able to figure it out, but they
> are unlikely to go through the trouble (and then prove that this was
> the root cause of the problem) rather than just reflash the ROM; 2)
> make it clear that you know your rights w.r.t. statutory warranties -
> the manufacturer/provider takes a calculated chance that most people
> don't. #2 is advisable even without #1.
> 
> I think that in the US there also exists a Warranty Act that says that
> the manufacturer/seller must prove the fault was caused by the
> consumer. The actual applicable statute probably depends on the state.
> 
> So, can anyone point to a source that spells out the Israeli law?   
> 
> > The last time I read a phone warranty I seem to remember that it
> > referred to the warranty being voided if you install unauthorized
> > software. But who defines what is unauthorized? Google? There are
> > tons of apps on Google Play that require root so does that imply
> > that rooting is allowed?
> 
> You deal with Google, the manufacturer (e.g., Samsung), and the
> provider or seller whom you actually got your phone from. They all
> may have different *voluntary* warranties that may even contradict
> each other.
> 
> Samsung is a curious case, by the way. It was widely reported that
> they refused to repair Vodafone-branded Galaxies because Vodafone (not
> customer!) installed 'custom firmware' on them. On top of that, Steve
> Kondik (a.k.a. 'Cyanogen') was, until recently, employed by Samsung to
> work on CyanogenMod. The irony...
> 
> By the way, I don't see anything specifically about rooting in
> 
> http://www.samsung.com/il/support/warranty/warrantyInformation.do
> 
> [Hebrew], but IANAL.
> 



-- 
Shlomo Solomon
http://the-solomons.net
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