Reply to post: Re: Can they fix Android?

It's BACK – Stagefright 2.0: Zillions of Android gadgets can be hijacked by MP3s, movie files

SImon Hobson Silver badge

Re: Can they fix Android?

@ Barry Rueger

> it will require some very large lawsuits to force Google, manufacturers, and carriers to fix this mess

Not necessarily ...

@ DougS

> Have you checked out all the EULAs you agreed to on your Android phone? ...

> I'll bet Google and Samsung et al have indemnified themselves against any consequences, and you've given up the right to sue.

Well this is where those of us in teh UK have an advantage - we have the Unfair Terms in Consumer Contract Regulations which basically blow many of the restrictions in an EULA out of the water. ANY contract term that seeks to remove a consumer's legal rights is automatically void - and so can be ignored.

Then we have the Sales of Goods and Services Act (which IIRC is superseded by something with a harder to remember name - but which gives the same protections) which lays down other requirements - specifically an implied contract term that the good will be "as described" and "fit for purpose" and "reasonably durable".

If you have a phone with this bug then it's very clear that it was a "manufacturing defect" - should be no problem showing that it was present when bought. And if the phone is not capable of receiving messages without getting "damaged" then it's clearly not fit for purpose.

Thus what we need to is for a large number of people to go back to whoever sold them the phone and demand it be "repaired" (or replaced, or refunded). The retailer is legally liable, this isn't something they can wriggle out of with disclaimers - they are responsible for fixing the problem, or replacing the faulty goods, or refunding the purchase price (less, if as is likely it's not nearly new, an allowance for the use that's been had from it).

If enough people push this, then the big sellers will push back at the manufacturers. The carriers and the Carphone Warehouse type operations have enough clout to make the manufacturers think again.

And the only time limit is the general statute of limitations for civil cases which is 6 years in England and Wales, 5 years in Scotland IIRC.

So no "big legal fights", just a "death of a thousand complaints". And this applies (by EU directive) to every country in Europe in some form or other.

Just think if (say) 10% of European users with unpatched phones did this :-)

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