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Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offeri

Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offering a second contract, which modifies an earlier agreement (the warranty) in exchange for the key to unlocking one's phone.

Sakos 3y ago
> Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offering a second contract, which modifies an earlier agreement (the warranty) in exchange for the key to unlocking one's phone. That's just not true. Most countries have regulations, or concrete laws, around what manufacturers and retailers are required to offer as warranty, as well as when they're allowed to refuse honoring the warranty. It's not just a "contract". The same way you can't just sign away your labor rights in Germany, for example. Doesn't matter if it's a contract. Laws determine what contracts are actually allowed to do.
smt88 3y ago
You can't just put anything in a contract and expect a judge to enforce it. Contracts have limits determined by statutes and common law. People also have rights that they legally can't give away in a contract.
throwanem 3y ago
Warranties in the US are not normal contracts. They are heavily regulated by the Federal Trade Commission, including those implicit in offering a product for sale, which cannot be unilaterally terminated post facto by a manufacturer: https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law https://www.ftc.gov/business-guidance/resources/businesspers...
- DarkmSparks 3y ago
  Normally I would agree. But there are also very heavy regulations around selling telecoms devices with hard requirements for things like interacting with emergency services, regs that do not apply to general electronics. Similar also applies to medical devices. Its the product in its entirety that gets certified as suitable for sale and warrentied against, for example, repeatedly dialing 911 in a fault condition and getting you shot by a swot team.
  - throwanem 3y ago
    Oh, the question at hand will be for a court to decide if it ever matters, which it doesn't to me.
tw04 3y ago
>Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offering a second contract, which modifies an earlier agreement (the warranty) in exchange for the key to unlocking one's phone. You're completely glossing over the part where an illegal contract is invalid whether both parties agree to it or not. If I write up a contract that says you agree to let me murder you, and you sign it, I can't just murder you without repercussions.
- tacon 3y ago
  Unless you live in Germany: https://www.theguardian.com/world/2003/dec/04/germany.lukeharding https://www.theguardian.com/world/2003/dec/04/germany.lukeha...
  - tw04 3y ago
    > In January 2004, Meiwes was convicted of manslaughter and sentenced to eight years and six months in prison. In a retrial in May 2006, he was convicted of murder and sentenced to life imprisonment. Nope, definitely illegal in Germany too. Trying to abuse assisted professional suicide laws generally doesn’t end well. https://en.m.wikipedia.org/wiki/Armin_Meiwes https://en.m.wikipedia.org/wiki/Armin_Meiwes

Sakos 3y ago

> Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offering a second contract, which modifies an earlier agreement (the warranty) in exchange for the key to unlocking one's phone. That's just not true. Most countries have regulations, or concrete laws, around what manufacturers and retailers are required to offer as warranty, as well as when they're allowed to refuse honoring the warranty. It's not just a "contract". The same way you can't just sign away your labor rights in Germany, for example. Doesn't matter if it's a contract. Laws determine what contracts are actually allowed to do.

smt88 3y ago

You can't just put anything in a contract and expect a judge to enforce it. Contracts have limits determined by statutes and common law. People also have rights that they legally can't give away in a contract.

throwanem 3y ago

Warranties in the US are not normal contracts. They are heavily regulated by the Federal Trade Commission, including those implicit in offering a product for sale, which cannot be unilaterally terminated post facto by a manufacturer: https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law https://www.ftc.gov/business-guidance/resources/businesspers...

DarkmSparks 3y ago
Normally I would agree. But there are also very heavy regulations around selling telecoms devices with hard requirements for things like interacting with emergency services, regs that do not apply to general electronics. Similar also applies to medical devices. Its the product in its entirety that gets certified as suitable for sale and warrentied against, for example, repeatedly dialing 911 in a fault condition and getting you shot by a swot team.
- throwanem 3y ago
  Oh, the question at hand will be for a court to decide if it ever matters, which it doesn't to me.

tw04 3y ago

>Warranties are just normal contracts. If both parties agree to modify a contract, they are pretty much always allowed to do so. In this case, Motorola is offering a second contract, which modifies an earlier agreement (the warranty) in exchange for the key to unlocking one's phone. You're completely glossing over the part where an illegal contract is invalid whether both parties agree to it or not. If I write up a contract that says you agree to let me murder you, and you sign it, I can't just murder you without repercussions.

tacon 3y ago
Unless you live in Germany: https://www.theguardian.com/world/2003/dec/04/germany.lukeharding https://www.theguardian.com/world/2003/dec/04/germany.lukeha...
- tw04 3y ago
  > In January 2004, Meiwes was convicted of manslaughter and sentenced to eight years and six months in prison. In a retrial in May 2006, he was convicted of murder and sentenced to life imprisonment. Nope, definitely illegal in Germany too. Trying to abuse assisted professional suicide laws generally doesn’t end well. https://en.m.wikipedia.org/wiki/Armin_Meiwes https://en.m.wikipedia.org/wiki/Armin_Meiwes