Bug 10261 - (int-175171) MyNokia Terms and conditions of use on PR1.2 upgrade are incorrect
(int-175171)
: MyNokia Terms and conditions of use on PR1.2 upgrade are incorrect
Status: NEW
Product: Desktop platform
startup-shutdown
: 5.0:(10.2010.19-1)
: All Maemo
: Unspecified normal with 8 votes (vote)
: ---
Assigned To: unassigned
: startup-shutdown-bugs
:
:
:
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Reported: 2010-05-25 14:36 UTC by Ian Stirling
Modified: 2010-07-09 14:39 UTC (History)
4 users (show)

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Description Ian Stirling (reporter) 2010-05-25 14:36:57 UTC
SOFTWARE VERSION:
(Settings > General > About product)

EXACT STEPS LEADING TO PROBLEM: 
(Explain in detail what you do (e.g. tap on OK) and what you see (e.g. message
Connection Failed appears))
1. Upgrade to 1.2 over the air.
2. Read the terms and conditions.


EXPECTED OUTCOME:
I read terms which apply to me, and their scope is clearly explained.
ACTUAL OUTCOME:
The terms are self-inconsistent, and seem arguably to apply to nothing.
REPRODUCIBILITY:
always.

EXTRA SOFTWARE INSTALLED:

OTHER COMMENTS:
This is almost certianly the wrong place, I could not find a more appropriate
product.

Several issues occur to me.
Firstly, the user should be given the option of accepting these terms when they
use the ovi store, not when they start using the device.

Secondly, 'Ovi service terms' - the whole terms are completely invalid on their
face.
1. Acceptance - 'These ovi service terms together with the ... 'govern your use
of the application or website where you accessed these terms' 

The application is the displayer of the terms and conditions - so it may apply
there - but there is no website - so it does not apply at all.

Thirdly.
The user cannot tell what capabilities are enabled by the accepting 'the' Ovi
terms and conditions.

Under 4. Using the service.
'You agree...Use the service only for your private, non-commercial purposes'.

Does this mean I cannot use the phone for buisness?
Does this apply to mail.ovi.com, and I cannot use it for buisness?

Fouthly - more generally on the 'OVI SERVICE TERMS' - they seem to have been
merely copied from a website - without customising them to the phone
environment.

Fifthly - the privacy policy suffers from the same website - it's merely been
copied.

Sixthly - some of it is really quite ridiculous. 
For example - 6. of the Ovi terms seems to imply that nokia may choose to use
any email passing through mail.ovi.com as they choose, and publish it.

User-Agent:       Mozilla/5.0 (X11; U; Linux i686; en-US; rv:1.9.2.3)
Gecko/20100401 Firefox/3.6.3
Comment 1 Andre Klapper maemo.org 2010-05-28 18:10:46 UTC
(In reply to comment #0)
> EXACT STEPS LEADING TO PROBLEM: 
> 1. Upgrade to 1.2 over the air.
> 2. Read the terms and conditions.

I just updated one of my device over the air and have not found any way to see
something called "Terms and conditions".
How exactly can this be accessed?
Comment 2 Ian Stirling (reporter) 2010-05-29 00:59:52 UTC
From memory, it was on a short dialog with a 'done' button at the bottom, you
could click on a link, and it opened some terms and conditions.
I obviously can't easily access it again - if nobody can easily reproduce this,
I can in a couple of days flash 1.1.1 back, and redo.
Comment 3 Andre Klapper maemo.org 2010-05-29 01:03:09 UTC
Hmm. Do you use "My Nokia" or something else that the dialog could come from?
Comment 4 Ian Stirling (reporter) 2010-05-29 01:37:36 UTC
This was on the first boot - before anything came up.
There is no way past this dialog without accepting the T&Cs if I recall
correctly, I tried clicking outside the dialog, and it would not cancel.

Another user on IRC - mc_teo - has just confirmed that it appears on flashing -
immediately after the set time/region (which is not present on SSU) - two
buttons - one is 'done' - one is 'read terms and conditions' or something.

This was before the 'my nokia' stuff if I recall correctly.
Comment 5 Adrian 2010-06-01 19:08:18 UTC
I can confirm this problem occurs on my N900 following an upgrade to 1.2 when I
have a SIM inserted.

There is no option to cancel or reject the "Terms and Conditions".

Powering the device off (to avoid accepting the terms) and removing the SIM
enables the system to be brought up and operated over WiFi without the terms
and conditions.

I chose to purchase an unlocked N900 as an open source platform in order to be
free of vendor encumbrances.

In order to use a SIM I should not have to
 allow Nokia to collect and use my personal information
and
 "... grant Nokia a worldwide non-exclusive, assignable, fully paid,
royalty-free, perpetual and irrevocable license to use, copy, publicly perform,
display, distribute and modify the Material, and to prepare derivative works
thereof, or incorporate the material into other works  as well as sublicense
the same." 

I am happy to forgo and/or remove the OVI store and any other encumbered
components or services.
Comment 6 Ian Stirling (reporter) 2010-06-02 14:19:35 UTC
Specifically - with me - this is a UK firmware, upgraded over the air.
I have not investigated if it happens with other firmware.
Comment 7 Alban Crequy 2010-06-03 15:37:28 UTC
(In reply to comment #1)
> I just updated one of my device over the air and have not found any way to see
> something called "Terms and conditions".
> How exactly can this be accessed?

The same terms and conditions can be found in the control panel -> "My Nokia"
(General category) -> button "terms and conditions".

There is also 2 buttons "Subscribe" and "Unsubscribe". The UI does not give any
indication whether you are currently subscribed or not. If the "Subscribe"
button is dimmed, it does not indicate you are already subscribed. It just
indicates you cannot subscribe.
Comment 8 redex 2010-06-04 18:50:44 UTC
*** This bug has been confirmed by popular vote. ***
Comment 9 Andre Klapper maemo.org 2010-06-14 16:57:32 UTC
Also see http://wiki.maemo.org/PR1.2_compulsory_My_Nokia_subscription