Rooting Tablets Illegal? Immoral?

[blue-jay]

If I buy a screwdriver, be it phillips or flat, it has an intended use. In fact, it may even come with a warning about wearing safety glasses and gloves.

 

Now, if I use my screwdriver as a pry-bar or hit it with a hammer to use it as a punch, especially  if I am not wearing gloves and/or safety glasses, is this illegal? Is it immoral? After all, I am not using it as intended.

 

Just a thought. Once you buy something, it is yours ... is it not? If it comes "with strings attached", perhaps you  should buy something that does not have those strings.

But in the case of the screwdriver it would be a warning to keep you from getting hurt or prevent your property from getting damaged.

In the case of the tablets it is to prevent loss to themselves.

[steadfast]

If I buy a screwdriver, be it phillips or flat, it has an intended use. In fact, it may even come with a warning about wearing safety glasses and gloves.

 

Now, if I use my screwdriver as a pry-bar or hit it with a hammer to use it as a punch, especially  if I am not wearing gloves and/or safety glasses, is this illegal? Is it immoral? After all, I am not using it as intended.

 

Just a thought. Once you buy something, it is yours ... is it not? If it comes "with strings attached", perhaps you  should buy something that does not have those strings.

 

 

Screwdrivers do not come with a TOS agreement!  If you find one that does, you need to follow the agreement or return it. 

 

When you buy a computer program, you have to agree to the license agreement or don't use it. If you buy an e-Reader tablet, you have to follow the agreement or return it, right? That's what the agreement says. Why is it OK to break this agreement? If I shake your hand and agree to something and then immediately disregard it, that's being dishonest, fake, false...

[trottigy]

So you have thinking of an out for you. The agreement is for the software right? Just like the software agreement on windows xp that comes with my dell laptop. Removing xp and installing windows 7 or Linux for that matter isn't going against the "software agreement ' why is removing the software and installing new on a tablet different? You aren't "modifying" the software just removing it. How's that for an out?

Edited May 2, 2013 by trottigy

[steadfast]

OK, here's what I've come up with. The agreement is a legally-binding business agreement between a company and an individual. All parts are enforceable EXCEPT where a legal authority has ruled a section invalid. Hence, if the agreement says you can't root the device but the law says you can, you are free legally and morally to root your device. How about that? 

Edited May 2, 2013 by steadfast

[trottigy]

2. License and Intellectual Property. (a) License. Subject to your compliance with and the terms and conditions of this Agreement, we grant you a non-exclusive, revocable license to make personal, non-commercial use of: (i) the Service; (ii) the software loaded onto your NOOK, as may be updated, modified, added to or upgraded from time to time (the "Software");

Edited May 2, 2013 by trottigy

[trottigy]

And the agreement SAYS the software CAN be modified or "updated ".

Edited May 2, 2013 by trottigy

[steadfast]

Jerry, I will give more thought to your last 3 posts and on the rest of the agreement. What did you think of my last post - post 29? 

 

I just found this: I wonder if it just means if you physically open it, you will void the warranty. My warranty is already expired anyway...

 

3. Prohibited Conduct. In your use of your NOOK or the Service, you may not: (i) transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content; (ii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (iii) violate any law, rule or regulation, including, without limitation, U.S. export control laws; (iv) copy, transfer, sublicense, assign, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Digital Content to any third party, except in connection with the normal use of the lending feature available through the Service, or as expressly permitted by the Terms of Use or applicable third-party license agreement; (v) broadcast, transmit or distribute the Digital Content in any manner, such as online streaming or making the Digital Content available for download; (vi) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vii) violate any third-party contract or policy governing the Service, Software or Digital Content; (viii) open, modify, service or tamper with your NOOK; (ix) engage in any activity that interferes with any third party's ability to use or enjoy the Service; (x) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on your NOOK, or the Digital Content, Software or Service; or (xi) assist or encourage any third party in engaging in any activity prohibited by this Agreement.

Edited May 2, 2013 by steadfast

[trottigy]

I liked your post. I would TOTALLY use that!

[campanula]

Now there is a question what if I bought it second-hand already rooted and filled in with some staff?

[trottigy]

Now there is a question what if I bought it second-hand already rooted and filled in with some staff?

 

SCORE!!! (another english idiom) It means you achieved a goal that many reach for. In this case you received bonus stuff for free. That is great!!!

[Hammerhead]

I think I'm going to go strain out some more gnats

[GrumpysWife]

To me this subject is like straining for gnats. Enough already. Let your conscience be your guide.

[Shawnster]

Sounds pharisaic, doesn't it?  Looking for loopholes... 

[SUNRAY]

The only answer I can give to this topic is the question: What is the difference between unlawful and illegal?

[Hammerhead]

I got a nook color, rooted, but have the regular os on it also. Up to this point I've not felt the need to call the older men so they could pray over me. Also I have my phone rooted. Double whammy.

[steadfast]

Some of these comments are insulting.

[SUNRAY]

You are right Gary...My conscience is as yours.. That is why we bought an android tablet..but if you already have something not rooted that is something you have to deal with..I know you are serious..and we are not supposed to be sarcastic..I try not to be but I do have a sense of humor..something that helps me get through the day. My comment was a joke but no takers...yet.

[Joey]

I felt it was a conscientious question to ask by one who wants to do what's right, there is nothing wrong with that.

[Joey]

We've had similar discussions here in reguard to copyright laws,etc. I find the info very informative.

[steadfast]

Computer lady.gifTo me this subject is like straining for gnats. Enough already. Let your conscience be your guide.

 

That is entirely the point - to consider the issue from different viewpoints so that a person can make an informed, well-thought-out conscience decision. That's what this topic is and has always been about. The word "loophole" was more of a joke. About pharisaic, a person would think THAT if they have already made their own conscience decision that it's OK to root their device. If someone else thinks it's not a good thing, that's "pharisaic" to the other person's conscience point-of-view.

 

I was trying to find out if I actually agreed to not root the device. If so, then I need to "let my yes mean yes," as Jerry was so loving to point out. That is not being pharisaic to ME, straining out the gnat. The conclusion I am coming to is that this is just a LEGAL agreement where a certain clause has not been ruled legally enforceable. I haven't even found this clause in the agreement anyway. You don't need a loophole for something that was never agreed to.

 

Hammerhead, you made 2 sarcastic, insulting posts on the same thing. Work on being more loving please.

[jayrtom]

The first thing I do since I got a new device is root it

I had a funny story recently: a brother bought a smartphone recently, a samsung with android 2.3... I don't know if you are aware of this but if you click 4 times in the android version in the about screent you see an image with a lot of zombies chasing the green droid

Well, this brother nephew teached him how to see a funny "image" and since the brother saw the zombies he was terrified and couldn't sleep... The next day he came ti my house in terror! I had to root his phone on the hour and exchanged the zombie image for a nicer one

This was just a parenthesis

You mention that the B&N sells its tablet at a lower cost because the money is on the books you bye... But this is only an expectation of them. You don't have to by any book in order to use the tablet and they don't make any licence agreement with an obligation of you having to buy any amount of books.. In fact I think that some licence agreements are abusive according to the law and considered illegal

I read recently a case of a farmer that bought a modern tractor with such an abusive agreement that he had to use the company mechanics to make any repair to the tractor (he couldn't "root" it and use some mechanical of the city)

The first time he needed a repair, a technitian, flew from far away by plane with an exorbitant cost... The 3rd time a repair was needed the farmer put the tractor aside and bought an old model by less than the repair fee!

The government is now studying ways of prohibiting this kind of things explicitly

[steadfast]

Nice post Joao. Very helpful, and thanks for the funny! 

[Qapla]

Ever swap coupons?

Ever get a free refill at the convenience store?

Ever have a "rolling stop" while turning right-on-red? (that might be left-on-red in some countries)

Ever use your cell phone or leave your car running while getting gas?

 

All these things are considered "wrong" by either the maker, owner or enforcing entity.

 

Now, if you really think rooting a device is illegal, immoral, wrong, unkind, untidy or in some other way something not to be done ... DON"T DO IT!

 

But, don't keep beating the downed horse just to see if others will help you go against your conscience ... at the same time, don't keep beating this same horse because you are trying to convince others that THEY should not root their devices ...

Edited May 3, 2013 by Qapla

[destiny]

Gary, if your conscience bothers you then don't do it. It's not really a matter of how others think or their view points. Your conscience is between yourself and Jehovah. That's all that really matters.

Edited May 3, 2013 by destiny

[steadfast]

But, don't keep beating the downed horse just to see if others will help you go against your conscience ... at the same time, don't keep beating this same horse because you are trying to convince others that THEY should not root their devices ...

 

I am not doing either of those! ANYONE implying this is wrong, being unfair, and needs to take a good look at him or her self.

 

This is a discussion folks. It's been a good one, and if ANYONE doesn't like it or thinks I'm beating a dead horse, stop reading this thread! Sheesh!

Edited May 3, 2013 by steadfast