Alxy
lvl.2
Flight distance : 84350 ft
Luxembourg
Offline
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Antonio76 Posted at 2017-6-28 09:17
The kind of clause you are talking about would be void in many legal systems around the world, I would say. Not sure what it is called in english, maybe restrictive or unfair clause or even oppressive clause.
Anyway, with the photographer, you as the customer could only sue him for not keeping his professional equipment in working order. (and the Phantoms are not "professional", they are "consumer"... There is a way to avoid the blocking of a drone and it is downloading the provided update to the Geofencing database. It is up to the user to do it and to do it the right way. -unless you can prove that NOBODY was able to do it. But in this thread the problem was not the absolute lack of availability of the update, it was the lack of a proper cable, and eventually the bad wifi service at the islands' internet cafes. The fact that a DJI person had allegedly told the guy that he could fly without updating doesn't mean much, as it would have been about the "Firmware" major updates (which BTW were already current on the drone and RC. An update to the geofencing database is not a major firmware update. At least I don't consider it such. Consider that the firmware update the guy finally downloade was 800 Mb (and not needed), the database update was 89 Mb... Others may think differently, of course...
The situation described here had a possibility for the problem to be resolved, but other situations may be not. Let's say I am in the mountains without Internet and I take my drone out and all I get is a message that I have to update and the drone is now disabled by DJI. Drone is not a service. It is a product and DJI has not right to disable it.
If you think about any other product you would not tolerate such behaviour - if your car would be disable when you in the middle of nowhere, your fridge would be disable and all your food gets spoiled, your PC would be disabled when you have no Internet, my keyboard will now be disabled since I did not update its firmw |
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