4G roll out...

[Suntan]

The Phandroid guys are saying it's started...

Motorola Contacting XOOM Owners about 4G LTE, Upgrade Process Underway?

-Suntan

 

[varsityhacker]

Good news if true.

 

[bworley50]

Just got off the phone with Motorola. They said that I would not have to send in my device to upgrade to 4G. Said it would be a software update from Verizon? I told her that's not what I heard. Said she would send me a link. I will post it as soon as I recceive it. Not sure she knows what she's talking about.

 

[thatguyhugs]

I had the same experience with a Verizon rep. They are not well informed regarding the 4g update. It is a physical hardware update as stated on the Xoom web site. This is another reason why I stay away from the Verizon stores.

 

[siscim23]

The software upgrade is for the SD card. 4G is a hardware upgrade.

 

[Complex Pants]

The software upgrade is for the SD card. 4G is a hardware upgrade.

Both would be good

 

[dbow27]

i received the same email

I go this same email from Motorola last night. I just got off the phone with them and they said ththey do not know anything about the upgrade and recommended not sending in my xoom. They said they tthink it was error on Verizon's behalf to anyone who has registered their xoom for the upgrade. Very confusing...

 

[bworley50]

Here is the e-mail I received from Motorola:

"Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen by replying to this email within the next 7 days.

Thank you for allowing us to be of service to you.


Subject
Motorola Customer Care

Discussion Thread
Dear Brandon,

The Motorola XOOM device will launch as a 3G/Wi-Fi-enabled device in Q1 2011 with a free upgrade to 4G LTE in Q2.

All Motorola XOOM tablets on the Verizon Wireless network are eligible to receive an upgrade to support 4G LTE. This includes those that have been unlocked; however, those units must be submitted for upgrade with the original factory software reinstalled and the device relocked in order to receive the upgrade.

For devices that are returned unlocked, Motorola will attempt to complete the upgrade, but may be unable to update the software. In these cases, the device will be returned to the consumer with just the 4G LTE modem installed.

More details on the process will be available closer to the upgrade availability.

Verizon has a site where you can enter your email address to get details on the LTE upgrade when they are available.


Best Regards,

Jennifer"

Here is my response:

"Jennifer,
I appreciate your response. It says that the 4G upgrade will be available in Q2. Q2 ends in 23 days. I sure hope my device will be upgraded in the next 23 days as your e-mail says. Otherwise I will have to pursue legal action. FYI...a representative from Motorola told me on the phone yesterday that the 4G upgrade would be a software update from Verizon. I tried to argue with her but she insisted. You all need to get your act together."

 

[anon(167668)]

Making empty legal threats will get you nowhere.

 

[bworley50]

Making empty legal threats will get you nowhere.

What's empty about it?

 

[Suntan]

False alarm folks. Carry on as you were...

Motorola: 4G LTE Shipping Emails Were an Error

-Suntan

 

[anon(167668)]

What's empty about it?

Because you have absolutely no legal basis for suing them, perhaps? The product did not come with a guarantee of the LTE upgrade coming by Q2. What in the hell would you try to sue them for; missing their estimated date? They are not legally obligated to make estimates a reality.

 

[bworley50]

Because you have absolutely no legal basis for suing them, perhaps? The product did not come with a guarantee of the LTE upgrade coming by Q2. What in the hell would you try to sue them for; missing their estimated date? They are not legally obligated to make estimates a reality.

You're wrong. They expressly, that means in writing, guaranteed that the device would be upgraded by the end of Q2. That would be end of
June . So anyone could sue for specific performance, which means upgrade the device, or sue for damages, which means something of value. Most companies would simply offer some sort of monetary compensation rather than fighting it out in court. I am assuming you never went to law school. If that is the case I would recommend you stick to what you know. If you did go to law school I would suggest you ask for a refund.

 

[bworley50]

Because you have absolutely no legal basis for suing them, perhaps? The product did not come with a guarantee of the LTE upgrade coming by Q2. What in the hell would you try to sue them for; missing their estimated date? They are not legally obligated to make estimates a reality.

You are correct that the product did not come with that guarantee but the email I quoted on my previous post sure did.

 

[anon(167668)]

The quote in the email is not part of your purchase, so you'd have a really tough time trying to argue that in court. The box explicitly left it ambiguous as a "future upgrade", and the only way you'd have any possible way of winning in court is the upgrade was done so late is was no longer considered reasonable and Motorola made no attempts to amend the situation (such as a partial refund); but no court would see not getting it out by the end of this month as an unreasonable amount of time. Sure Motorola would probably offer a refund in exchange for your Xoom if you complained enough about the issue, but that's independent of stupid legal threats.

You can make all the appeals to authority and strawman arguments you want, like "did YOU go to law school, huh???", but that doesn't make your argument any more valid. I could ask you if you went to law school too but frankly I don't care because it wouldn't suddenly fix your argument.

 

[anon(167668)]

I guess it's really more of an appeal to accomplishment, but whatever.

 

[bworley50]

The quote in the email is not part of your purchase, so you'd have a really tough time trying to argue that in court. The box explicitly left it ambiguous as a "future upgrade", and the only way you'd have any possible way of winning in court is the upgrade was done so late is was no longer considered reasonable and Motorola made no attempts to amend the situation (such as a partial refund); but no court would see not getting it out by the end of this month as an unreasonable amount of time. Sure Motorola would probably offer a refund in exchange for your Xoom if you complained enough about the issue, but that's independent of stupid legal threats.

You can make all the appeals to authority and strawman arguments you want, like "did YOU go to law school, huh???", but that doesn't make your argument any more valid. I could ask you if you went to law school too but frankly I don't care because it wouldn't suddenly fix your argument.

Of course it makes my argument more valid, and is not a straw man at all. It was simply to illustrate that that you have no understanding of how the legal process works. It was not a threat at all. They explicitly stated that the 4G upgrade would happen by Q2. If it is not done by Q2, then are there no repercussions from that? Also, your assertion that,"no court would see not getting it out by the end of this month as an unreasonable amount of time," is an opinion. Besides, that would be up to a judge or a jury, but no such legal action initiated by me or anyone else would ever end up in a court of law. It would almost certainly be settled outside of court. Also, what is a "reasonable amount of time," anyway. One month, two months, a year? You stated that legal threats would get me nowhere. I am just pointing out to you that is incorrect. Companies cannot and should not make definitive statements about their products, only not to deliver on what was promised. If that were the case, people would get screwed all the time. Why do you think that Verizon has yet to make a definitive statement as to when the device will be upgraded? Also, you stated, "it's really more of an appeal to accomplishment." Not at all. I said that because your opinion in your first post to me was not based on anything whatsoever. it was just an opinion. I was trying to point out to you that it is obvious to me you have no legal training or understanding that there are consequences when corporations promise things they cannot deliver. Especially after someone has paid for the device. Why are they upgrading it at no cost? Shouldn't they make me pay for it since I knew it didn't have it when I bought it. To me, Motorola's tactics are akin to classic bait and switch. Don't get me wrong, I am a HUGE fan of Motorola and their products. That doesn't mean that they didn't make mistakes that they will ultimately pay for. It also doesn't mean that I have to sit there and take one for the team either. They have a legal obligation to perform the functions that were expressly made in writing to me and everyone else. If they don't they should and will face legal problems and be forced to pay monetary damages. That's how it works, whether you like it or not. Why do you think Sony is offering so many free things to those affected by the Playstation outage? They did that to stem the flood of lawsuits coming their way. I was on that network, so presumably my information was stolen. Did I suffer any sort of damages? Not that I know of, but the not knowing and the failure of a company to live up to their promises are causes for legal action. You may disagree with that, but that's how it is. I suspect they will have my device upgraded before the end of June, but if they don't I will pursue legal action. The ultimate reason for that is to keep companies honest. Part of me thinks that the upgrade will coincide with Verizon's new 4G pricing. If that's the case I will go absolutely nuts, because that would solidify collusion between Motorola and Verizon. I am not trying to be insulting, but it is obvious to me that you are either a relatively young kid (under 25), probably an idealistic college student, or that you have never worked for a publicly trade company in any meaningful capacity.

 

[bworley50]

I guess it's really more of an appeal to accomplishment, but whatever.

And another thing, not that I am overly religious or anything, but would Jesus promise that an upgrade will be performed at the end of Q2, then not do it?

 

[anon(167668)]

Ok now you're definitely pulling off an appeal to authority. The bottom line is, unless it's part of an agreement upon purchase (contract, agreement, or something explicitly labeled on the box), you don't have any legal basis. Companies have to amend and push back launch dates and upgrades all the time, but they don't get sued unless there are extreme delays in certain cases. Can you name the law, or a precedent that would show that they are liable?

And you probably picked the worst example with Jesus. He claimed the Tribulation and end of days would be coming soon after his resurrection, but here we are nearly 2000 years later still putting up with his delays. What an *******.

 

[siscim23]

Regardless.... the emails were a mistake.

Motorola Sends XOOM 4G Upgrade Email In Error - Droid Life: A Droid Community Blog