I turned my merge in the other day and they sent me a new one that has 2.3.4 gingerbread on it. Htc since will crash from time to time but I read that it does that with most phones with gingerbread on them. If you used your merge to tether to your computer you can count that out as well. You will have to pay 20 a month to do it. Wifi hotspot works after you pay though. My friends that work there tell me that gingerbread is going to be pushed ota soon.