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Root Is this for real? ICS for Spectrum!

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Step back from the keyboards and take a breath. It's A PHONE! I understand the passion, but cannot condone personal attacks. I will not post about being tired, I will take action and some of you won't be very happy. Frankly, I'd rather not and would deeply appreciate if you make any further action unnecessary! Thank you.

Attack issues, not each other!
 
pastafarian said:
Step back from the keyboards and take a breath. It's A PHONE! I understand the passion, but cannot condone personal attacks. I will not post about being tired, I will take action and some of you won't be very happy. Frankly, I'd rather not and would deeply appreciate if you make any further action unnecessary! Thank you.

Attack issues, not each other!
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funny how it got me posting to get this whole thread the attention it deserved.
;)
 
jeshbeast said:
B. Cool man. Not trying to read into anything just wondering where i stand. My question is, if you went under contract after the press release, which is most of us I'm guessing, where do I stand?
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The firs thing you need to know about contract law is this: If it's not in the agreement, it's non-binding. So if you go into a store and a rep tells you "this phone will be upgraded to ICS", that's ONLY binding if it's in the contract/agreement you signed/entered in... in that instance, VZ can simply claim it was a 'good faith' error and it would hold up in court.

So, even if VZ advertised 'we're going up grade this phone!' and didn't, you couldn't go after them for breach of contract. You could, however, go after them for false advertising... but again, 'upgradable' can be reasonably argued as a feature of the device, not a promise; in law, that which is reasonable is that which is most likely to be intended and so that's what is generally accepted in rulings. It would be a hard sell to how a VZ advertisment showing something is upgradable equaled a promise... that would be like you trying to go after Subaru (or any auto maker) for advertising their car or a feature on the car can be upgraded. I just means it's possible.

arlancam509 said:
i am tired of wondering why it bothers you so much that people should voice their opinions. i am tired of you telling people what to do. i am tired of wondering whether i should reply to your posts or not. i am tired of typing. i am tired of reading. i am tired.
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When someone claims this situation is a breach of their wireless agreement and I've made it clear in other threads that it isn't, that annoys me. I realize people are angry... Hell, *I'M* angry with this phone, but being realistic, pragmatic and calm is the only way to get through it. So rather than threads and pages of people making high claims of suing VZ and how 'you can go to small claims and win', people should realize the truth (that they don't have a legal case) and just relax.

BTW, you should relax. Everyone here should. LG screwed up a phone with a lot of potential and maybe they'll make right by it. If not, they'll lose customers like me and others here... I have a feeling someone within their organization knows this.
 
Thanks B. I'm sure uve posted before but I have to admit I got so fed up with the whole thing that I had to drop it for a while. I hope LG makes this right as well its just that this is my second phone that had "awesome features" and got sidelined by sales pitches. First time I was frustrated with samsung, second time did my research and bided my time for a good deal and piece of hardware and once again vzw and the hw company screwed with the customers. Well we'll see what happens I guess. Thanks again
 
MrB206 said:
The firs thing you need to know about contract law is this: If it's not in the agreement, it's non-binding. So if you go into a store and a rep tells you "this phone will be upgraded to ICS", that's ONLY binding if it's in the contract/agreement you signed/entered in... in that instance, VZ can simply claim it was a 'good faith' error and it would hold up in court.

So, even if VZ advertised 'we're going up grade this phone!' and didn't, you couldn't go after them for breach of contract. You could, however, go after them for false advertising... but again, 'upgradable' can be reasonably argued as a feature of the device, not a promise; in law, that which is reasonable is that which is most likely to be intended and so that's what is generally accepted in rulings. It would be a hard sell to how a VZ advertisment showing something is upgradable equaled a promise... that would be like you trying to go after Subaru (or any auto maker) for advertising their car or a feature on the car can be upgraded. I just means it's possible.


When someone claims this situation is a breach of their wireless agreement and I've made it clear in other threads that it isn't, that annoys me. I realize people are angry... Hell, *I'M* angry with this phone, but being realistic, pragmatic and calm is the only way to get through it. So rather than threads and pages of people making high claims of suing VZ and how 'you can go to small claims and win', people should realize the truth (that they don't have a legal case) and just relax.

BTW, you should relax. Everyone here should. LG screwed up a phone with a lot of potential and maybe they'll make right by it. If not, they'll lose customers like me and others here... I have a feeling someone within their organization knows this.
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Oh MrB206;
 
It wouldn't be the first time a manufacturer didn't achieve the goal they set. That doesn't mean you can sue them.

Fact of the matter is a lot of manufacturers rushed ICS out and it really screwed up peoples devices. Gingerbread to ICS brought huge changes and frankly not all phones can handle it without crippling the user experience.
 
1linuxfreak said:
Oh MrB206; • Android™ 2.3 Gingerbread (Android 4.0 Ice Cream Sandwich upgrade available the first half of 2012), LG's promise, it is past that date correct?
Have a case yet?
I know your a law student and just missed that one fine detail.
Does "available" mean it is there but you can't have it and/or that you may/may not receive it.
"Available" means it is there and you can have it right, "available for pickup" means it is ready for you right? Just asking the great legal mind.

"Available" for comment?

See I knew this would happen, why I stayed away for so long.
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Listen, if you want to try and 'stick it' to someone, get your details and facts straight.

That info you posted came from LG, NOT Verizon. LG CES

Here's what Verizon said: Spectrum (though this was updated from 'upgradable to Android 4.0...')

We are in an agreement and contract with VERIZON, not LG, so it doesn't matter what LG says, it matters what VERIZON says. But again, even if Verizon said it in an advertisement, if it's not a 'term' of the agreement (like saying "Verizon agrees to..."), failing to do what the advertisement says is NOT a breach of contract because, again, it wasn't in the contract with Verizon. As I said, if anything, it's false advertising, but that's a hard sell, since LG doesn't have ultimate control over what's pushed to devices.

But like Rxpert said, it's not the first time a company made a statement about a product and didn't deliver... Apple does it every damn year with the iPhone release and shipping dates. Since a purchase of a product from a 3rd party (or even from the vendor itself) isn't an agreement other than the implied agreement of a warranty, there's no recourse for failed announcements/targets, unless it's blatant or egregious. Even then, the burden of proof is on the claimant to show it was blatant and/or egregious, which would be tough if not impossible to prove.
 
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