True or False: Rooting voids the warranty?

[afv011]

Originally Posted by RoboRay

Not really.

If you want to know what's in the changed libraries, just look. That's kind of what's so great about open source software.

The software battery monitor "danger" has already been discredited, as the hardware safety feature is still operable.

And so long as the hardware failure that results in seeking warranty service does not directly result from software changes (the probability of which I won't even waste time going into), what possible moral/legal dilemma exists?

If I buy a Windows PC from Dell and install Debian Linux on it, are you seriously suggesting that I would face a moral/legal dilemma by seeking warranty action when the video card dies two weeks later?

The libraries are binaries, and unless the author publishes the code, you can't tell what's in there, or what's not. And unless you recompile them by yourself from source, you can't even tell that the binary corresponds to the source.

For the record, mine's rooted and I am not trying to sway people one way or the other, I just want to point out that using 3rd party libraries on your device is not without its risks, minimal as they may be.

[cutterjohn42]

Originally Posted by DuncanWatson

For extra credit, you do realize that just because a EULA or other licensing says something doesn't mean you are bound by it or that it is even enforceable or legal to enforce it? The same is true for employee handbooks and other contractual items.

Rooting doesn't change the HW and if you restore it to factory settings and it doesn't work then you can still get your warranty served. Just don't go around telling B&N you rooted it. Sure it might be possible for B&N engineers to tell but certainly not B&N service. Though you may get a random accusation, I sit next to an unmentioned product's NOC and I have heard one of the service guys get all sorts of odd thoughts in his head. But if you push him and escalate past the random paranoid guy you get your warranty acted upon. Just make sure you escalate before it expires.

IANAL, but IIRC there was recently a case which determined that those sorts of EULAs were enforceable, OTOH there have also been other cases in which they were NOT determined to be enforceable... kind of iffy ATM, I guess...

OTTH they might be ablet to nail it for a DMCA violation...

Still, I'd root it and flip 'em the bird... DMCA/copyright legislation has gone beyond reasonableness... DMCA was just never a "good" law, and copyright protections no longer are "good" in their current form/duration...

[=X=]

Well after reading the contract I don't think it voids your warranty it violates your contract

B&N Legal

THIS AGREEMENT SETS FORTH THE RIGHTS AND OBLIGATIONS APPLICABLE TO THE USE OF YOUR NOOKcolor, SO PLEASE READ IT CAREFULLY BEFORE USING YOUR NOOKcolor. BY USING YOUR NOOKcolor, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST RETURN YOUR NOOKcolor AND RELATED SOFTWARE AS PROVIDED IN SECTION 1(b) BELOW.

(d) Restrictions. Except as may be expressly permitted by this Agreement, you may not, directly or indirectly: (i) use the Software on any device other than your NOOKcolor; (ii) use, copy, modify, distribute copies of, display or transmit the Software; (iii) disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from or otherwise attempt to discover the source code of the Software or the technology used to provide the Service or attempt to reduce the Software to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of your NOOKcolor or the Service, including, without limitation, altering any digital rights management functionality of your NOOKcolor or the Software; or (v) share access to the Software or Service, whether through a network, resale or other means.

There you have it you don't void the warranty you void the contract and are required to return the nook.

=X=

[RoboRay]

What I find amusing is "(ii) use, copy, modify, distribute copies of, display or transmit the Software;"

If you ever turn on your NOOKcolor, you have used the software and therefore explicitly violated the contract. Everyone who keeps worrying about EULAs, the DMCA, warranty terms and so forth needs to box their NC up and return it immediately. It's just the right thing to do.

[gtriever]

[RockdaMan]

Originally Posted by RoboRay

What I find amusing is "(ii) use, copy, modify, distribute copies of, display or transmit the Software;"

If you ever turn on your NOOKcolor, you have used the software and therefore explicitly violated the contract. Everyone who keeps worrying about EULAs, the DMCA, warranty terms and so forth needs to box their NC up and return it immediately. It's just the right thing to do.

Smartaleck...

[RockdaMan]

This is a concise and important post on rooting: https://www.mobileread.com/forums/sho...7&postcount=12

A lot of iOS device owners ran into similar trouble during the early stages of "jailbreaking" iPods and iPhones. They had the will and desire to try it, without the knowledge of what could go wrong.

Edit: I'd note too that Apple also (just like BN) says that rooting its devices voids the warranty. The Wikipedia page does note that it is legal though

[astrangerhere]

I'm an attorney, and I can promise you that not matter what you think, feel or otherwise have a pipedream about, if you root you have voided your warranty that very moment. Reverting it, from a legal standpoint, does not change that, and if squaretrade or B&N finds evidence of you rooting, they can send your Nook right back to you as a nice paperweight.

Another user pointed out earlier in this thread, "right or wrong" is largely irrelvant to what is "legal" especially in the realm of civil action. Having said that, rooting is perfectly legal. Its your toy and you can do what you want to with it. But you have broken your warranty agreement and are no longer entitlted to replacement or repair without cost.

The nookdev folks have done their due dilligence in warning folks, and the warranty is relatively clear as these things go. It may or may not seem "fair" to you, depending on your understanding of the open source nature of the system, but the law doesn't care about fair. If it did, my profession would be much, much simpler.

[RockdaMan]

Originally Posted by astrangerhere

I'm an attorney, and I can promise you that not matter what you think, feel or otherwise have a pipedream about, if you root you have voided your warranty that very moment. Reverting it, from a legal standpoint, does not change that, and if squaretrade or B&N finds evidence of you rooting, they can send your Nook right back to you as a nice paperweight.

MR -- please do something to make sure your readers know this up front. There is plenty of info on rooting available, but not much on this.

Another user pointed out earlier in this thread, "right or wrong" is largely irrelvant to what is "legal" especially in the realm of civil action. The nookdev folks have done their due dilligence in warning folks, and the warranty is relatively clear as these things go. It may or may not seem "fair" to you, depending on your understanding of the open source nature of the system, but the law doesn't care about fair. If it did, my profession would be much, much simpler.

Thanks for a cogent, well reasoned post.

[Quistopher]

Last week I called SquareTrade and asked them about rooting, they said they didn't care but they do not cover SW issues. So if you destroy your Nook with the software, make sure your HW is destroyed too in the process of fixing it.

[astrangerhere]

Originally Posted by Quistopher

Last week I called SquareTrade and asked them about rooting, they said they didn't care but they do not cover SW issues. So if you destroy your Nook with the software, make sure your HW is destroyed too in the process of fixing it.

You have to go through B&N before the square trade extension starts in a number of states, including my own. And I am willing to bet a stack of my business cards that the CS rep you called had no idea what he was talking about when it comes to bricking or rooting.

[Nooker]

I've read and re-read the warranty and fail to see how 'rooting' will void the warranty.

[RockdaMan]

Originally Posted by Nooker

I've read and re-read the warranty and fail to see how 'rooting' will void the warranty.

Then take the word of the lawyer above, and that of Apple - who explicitly states that rooting their hardware is a warranty violation.

[cybrdmn]

Apple has nothing to do with it. I think Nooker wants to know WHERE in the warranty does it say it is void? Just because you BELIEVE it's so doesn't make it true. I don't see where it voids it either.

[astrangerhere]

"(ii) use, copy, modify, distribute copies of, display or transmit the Software;"

modification of the software. don't see how that can be any clearer.