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Android Upgrades Hardware

The Android L Update For Nvidia Shield Portable Removes Features 117

An anonymous reader writes: For those of us who still remember the Hobson's choice with the 3.21 update of the PS3 firmware, the most recent update to the Nvidia Shield Portable is eerily similar. The update, which is necessary to run recent games and apps that require Android 5.0 APIs, removes some features from the device, and removes the games that were bundled with the device, Sonic 4 Episode II and The Expendables: ReArmed. Nvidia has stressed that it is an optional update, but how many users have been told for months that the update was coming, some of whom may have bought the device after the update was announced, only to find out now they won't receive all the functionality they paid for? How is it still legal for these companies to advertise and sell a whole product but only deliver part of it?
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The Android L Update For Nvidia Shield Portable Removes Features

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  • Right ... (Score:3, Insightful)

    by gstoddart ( 321705 ) on Friday July 24, 2015 @07:23PM (#50178835) Homepage

    How is it still legal for these companies to advertise and sell a whole product but only deliver part of it?

    Because they have all the power, can simply change the fucking terms of service as they see fit, and have the fucking politicians in their pockets to ensure they can get away with it.

    Honestly, are you expecting a fair situation in which the consumer actually gets input on this shit?

    You might as well ask a Ferengi for favorable financing terms. If he gives them to you, they're not favorable.

    Why do we keep acting like we're surprised by any of this crap? Unless people start changing laws to shift the balance away from corporations, this is all you'll ever get.

    • Re: (Score:3, Insightful)

      by Anonymous Coward

      People are idiots. They keep buying shit from companies and even laud them despite the shit they pull. Case in point for this site: Valve. They took away your rights in court, requiring almost always unfair to the consumer arbitration. Then they denied access to games for those who refused the new agreement.

      Yet everyone here thinks they can do no wrong.

      I don't know how to fix it, but I do know it sucks for us all. :(

    • That's entertainment... Buyer beware...

      You know what would be cool? If people who buy stuff formed an organization where they could rate products and post prices on a public forum. Probably best to have the government do it so it doesn't get bought out by some hedge fund guy and dismantled. Then we could have one stop window shopping and everything. So many problems can be avoided if we could only communicate more effectively.

    • How is it still legal for these companies to advertise and sell a whole product but only deliver part of it?

      Because they have all the power, can simply change the fucking terms of service as they see fit, and have the fucking politicians in their pockets to ensure they can get away with it.

      Honestly, are you expecting a fair situation in which the consumer actually gets input on this shit?

      You might as well ask a Ferengi for favorable financing terms. If he gives them to you, they're not favorable.

      Why do we keep acting like we're surprised by any of this crap? Unless people start changing laws to shift the balance away from corporations, this is all you'll ever get.

      And yet any time someone suggestes stronger regulation the entire IT community comes out up in arms and shouts "free market".

      The greatest strength of the IT industry is that it's essentially unregulated allowing it to be nimble and to take risks.

      The greatest weakness of the IT industry is that it's essentially unregulated allowing companies to shit all over thier customers.

      • And yet any time someone suggestes stronger regulation the entire IT community comes out up in arms and shouts "free market".

        The greatest strength of the IT industry is that it's essentially unregulated allowing it to be nimble and to take risks.

        The greatest weakness of the IT industry is that it's essentially unregulated allowing companies to shit all over thier customers.

        They are able to do that because customers let them. If you want to use app X, you give app X access to way more information than app X needs, because consumers fundamentally don't care enough that apps compete on the basis of privacy.

        There's a little difference in the enterprise space, of course. But on the consumer side, people just don't care.

        • And yet any time someone suggestes stronger regulation the entire IT community comes out up in arms and shouts "free market".

          The greatest strength of the IT industry is that it's essentially unregulated allowing it to be nimble and to take risks.

          The greatest weakness of the IT industry is that it's essentially unregulated allowing companies to shit all over thier customers.

          They are able to do that because customers let them. If you want to use app X, you give app X access to way more information than app X needs, because consumers fundamentally don't care enough that apps compete on the basis of privacy.

          There's a little difference in the enterprise space, of course. But on the consumer side, people just don't care.

          You are correct. When companies crap all over their customers, the correct response would be to not buy the product, and let the company go out of business. But instead, people buy the product anyway and then gripe about it on the internet. Oooh! That will show them. No. They got your money. They don't read the internet. They assume crapping on their customers is the way the customers like it.

          • by Altrag ( 195300 )

            The trouble with that line of thinking is that you don't really have any other option. Even when there actually is competition in the market for the device you need, their ToS is around 100% guaranteed to be just as bad.

            As a consumer, our options these days basically amount to "go back to 1800s lifestyle" or "bend over and enjoy it" because every piece of tech sold, up to and including your phone, car, stereo, etc, all come with these types of strings attached and there's a whole lot of jack all you can do

            • by DarkOx ( 621550 )

              I'll agree with you about most of the products, but music is BS. Music is art. You don't need it and there are plenty of artists out there who don't act like total shit heads and are just trying to make a living. Go discover one and patronize them. Stop giving money to artists that treat their patrons like garbage.

            • Posting to undo moderation misclick.
            • The trouble with that line of thinking is that you don't really have any other option. Even when there actually is competition in the market for the device you need, their ToS is around 100% guaranteed to be just as bad. As a consumer, our options these days basically amount to "go back to 1800s lifestyle" or "bend over and enjoy it" because every piece of tech sold, up to and including your phone, car, stereo, etc, all come with these types of strings attached and there's a whole lot of jack all you can do about it.

              The trouble is that we have convinced ourselves that we "need" these devices, when we really don't. I mean, a few people might have to have one for their job, but for the most part, is it "want". And the people that "want" these devices (teenagers, college students, etc) seem to care less about the invasion of privacy and BS EULAs that no sane person would ever agree with. So the rest of us are stuck either not having the device, which means we have no input, or buying the device anyway, which is interpret

        • There's a little difference in the enterprise space, of course. But on the consumer side, people just don't care.

          Unfortunately, the difference is that enterprises pretend to care about security but in reality every member wants exceptions for themselves based on their power and position, so the end result is insecure and inconvenient. Nor are they wrong to want those exceptions, since security tends to get in the way of getting anything done, so anyone who actually cares about it will be outcompeted by som

      • And yet any time someone suggestes stronger regulation the entire IT community comes out up in arms and shouts "free market".

        No, the CEOs say that. The rich greedy bastard maximizing executive compensation say that.

        The "entire" IT community sure as hell doesn't say that. Many many people have figured out the free market is a fucking fairy tale.

        The IT community is not defined by the rich assholes who get heard more often. And I'm sorry, but listening to rich assholes is the fucking problem -- because wha

        • And yet any time someone suggestes stronger regulation the entire IT community comes out up in arms and shouts "free market".

          No, the CEOs say that. The rich greedy bastard maximizing executive compensation say that.

          The "entire" IT community sure as hell doesn't say that. Many many people have figured out the free market is a fucking fairy tale.

          The IT community is not defined by the rich assholes who get heard more often. And I'm sorry, but listening to rich assholes is the fucking problem -- because what they're telling us a self-serving lie.

          There is no damned free market.

          I agree with your sentiment but it has been my experience that the majority of workers in our industry are very much opposed to government interference of any kind. I am personally opposed to over regulation however I believe that our industry has gotten too much of a free pass over the years and indeed that is why the notion of a "software engineer" is a contradiction-in-terms.

          Engineers are legally responsible for thier errors. Even the very small niches such as process control and biomedical the functiona

    • Re:Right ... (Score:5, Insightful)

      by Dutch Gun ( 899105 ) on Friday July 24, 2015 @08:45PM (#50179135)

      Has anyone mentioned that these games were removed for compatibility reasons? Does that make a difference? I'd love to know how nvidia is supposed to fix 3rd party games if they simply don't work on the latest version of the OS? Do they not let people update? Or leave the games there, but just broken? I'm not sure there are any good answers here. Ideally, the developers would fix their own games, but there's probably very little financial incentive for them to do that at this point.

      Why exactly is this a breaking update? That might be a good question to ask as well. This is sort of crappy for owners of those devices, but I'm not sure this is in quite the same league as what Sony did.

      • Re: (Score:3, Interesting)

        by darkain ( 749283 )

        When there is bundled in software like this, money is involved. When money is involved, contracts are involved. With contracts, they should directly stipulate that the 3rd party software companies that have their software included must update their software for the life cycle of the device as a term of being allowed to be bundled in. Since this apparently wasn't the case, the OS bundler fucked up.

      • Has anyone mentioned that these games were removed for compatibility reasons? Does that make a difference? I'd love to know how nvidia is supposed to fix 3rd party games if they simply don't work on the latest version of the OS? Do they not let people update? Or leave the games there, but just broken? I'm not sure there are any good answers here. Ideally, the developers would fix their own games, but there's probably very little financial incentive for them to do that at this point.

        Indeed. As a SHIELD Porta

      • Is there a particular reason they need to push an OS update that breaks shit, especially seeing how the Shield is still a relatively new product?

        It's kind of like Windows 10 being released and people find half of the games released last year don't work. Clearly, there's something wrong with that update, and architectural failings need to be criticized. The Android OS really should be mature at this point.

        I'm getting sick of this. There was a time where things would work for 5-10 years with only occasiona

      • It's breaking compatibility with Miracast devices. That is to say, it is removing support for Miracast devices and replacing it with support for Chromecast/Googlecast devices. For example, that means the Shield will no longer work with my television because my television supports Miracast but not Chromecast. That sucks because they are replacing a more open technology/standard with a proprietary technology that works with fewer devices.
    • by r_naked ( 150044 )

      Did you miss the part where the games are not compatible with 5.1? Unless the author of the games feel like updating them, what is Nvidia supposed to do? Would you have them leave the games and waste storage space -- makes sense -- SMH.

      This is not even in the same REALM as what Sony did with the PS3. Sony had absolutely no reason to remove the functionality, and it wasn't optional. I have the SHEILD tablet and I have deliberately kept it on 4.4 because I can't STAND 5.x, and I have yet to come across anythi

      • This is not even in the same REALM as what Sony did with the PS3. Sony had absolutely no reason to remove the functionality

        They thought they had a reason, they were worried about a Linux exploit leading to easy piracy. Sure there was only "proof of concept" stuff, but they were worried about what "might" happen and took preventative steps.

        There were also issues with trying to keep OtherOS working properly, after they let their maintainer go. There was a video output compatibility issue with Linux in one of firmwares just prior to 3.21 . IIRC it was 3.10. And we mustn't forget that the partition schemes weren't optimal in th

    • Make them send you a check [engadget.com]. I only mention this particular instance because I received a (very small and clearly token [verizonwireless.com]) check for VZW crippling my Motorola V710 after advertising it as having fancy Bluetooth features.

      Similarly, I bought a G1 and was subsequently disappointed by Google's handling of Android. Didn't get a check from that, though. Just stopped buying phones with Android on them.

    • Nvidia is actually progressive in this. They could just as easily leave you with a 2 year old brick having a useless version of Android.

  • my friend, better take my advice. You know all the rules by now and the Fire from the Ice...
    • by KGIII ( 973947 )

      Will you come with me? Won't you come with me? Woooah what I want to know is will you come with me?

  • Because this is how you lose customers.

  • the standard in the market is iphone, ipad or a good android phone. yet people keep buying these fringe products that never make mass market penetration. stop being a beta tester and wait a few years and buy when it's somewhat mature. otherwise you're like one of the idiots who pre-order digital games on steam or one of the consoles and then complain how the game sucks or you can't play online because the servers are swamped
  • Last year I bought the Nvidia Note 7 tablet based on the promise (from what I thought was a trustworthy company) that Android 5 would be released for it "real soon". That promised slipped to February 2015. When February 2015 came and went and there was still no Android 5 update available, Nvidia simply stopped responding to people who were asking about their promised update. They seem quite glad to screw the customer. I've bought a number of Nvidia products in the past for myself and friends, but I'll never
    • by jandrese ( 485 )
      Oh yeah, I got burned by this way back with their Tegra 2 chips. Never buying another nVidia mobile chip again.
    • From comments in TFA's page, the update for Tegra Note 7 has been released simultaneously as this one.

      I wonder if it's even due to finding out Android 5.0 sucked, and they didn't want to inflict it on you. Or just greed, lack of budget.

      Sadly as it is, they upgrading the OS on a mobile product from 2013 puts them on a short list of brands updating their crap.

    • What a shame that we're both modded Troll! Please.
      At this point it's blatant naked moderation abuse. And we're just arguing about boring technical and business issues.

  • by tlambert ( 566799 ) on Friday July 24, 2015 @09:20PM (#50179273)

    Here's how it's still legal...

    The people who put on the PS3 3.2.1 lawsuit failed to hold forth a legal theory under which Sony was liable. Therefore, there is no case law in which a party was enjoined from doing what nVidia is now doing.

    This is not to say that there is *not* a legal theory; only that the PS3 class action idiots failed to put one forth. I can think of several theories that would apply; several of them bear on the insistence these companies have on treating intellectual property as real property:

    (1) An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. Sounds like a software license, doesn't it? In this particular case, the right to run the old software on the nVidia device -- or the right to run "Other OS" on a PS3 device -- would be either an implied easement (based on the practices and customs of use for a property), or an "easement by necessity", or easement by prior use.

    (1)(a) The strongest claim for an implied easement in the case of a firmware update would be for persons who have had prior use of the easement (in the PS3 case, it means that you must have loaded an "other OS"; in the nVidia case, it means you must have periodically used or relied upon the features being removed).

    (1)(b) The next strongest claim for an implied easement would be the intent of the parties; what was the intent nVidia had, when they shipped the features being removed in the update? What was the intent of the person purchasing the device, prior to the removal of the feature, and their expectation of non-removal, if any? Similarly, in the PS3 case, what was the intent of Sony in offering "Other OS"? Was it to drive sales, such that they received benefit from it? What was the intent of the person when they purchased the PS3? Was it only to run "Other OS" (in which case, not updating the firmware is not an issue), or was it use of both the "Other OS" feature *and* the features that would be removed as a result of *not* updating the firmware?

    (1)(c) An Easement by necessity could be established in the PS3 case for "Other OS"; like a land-locked parcel without access to a public way, necessity may be established if there was no other way to reach the parcel *and* there was some original intent to provide access to the parcel. This argument would only be likely to be usable by someone who had in fact used "Other OS" on a periodic or regular basis. Given that I do not have the entire laundry list of features that currently exist which will and/or will not be lost when the nVidia update is declined, I can't state for a certainty one way or another whether this could apply in the nVidia case as well.

    (1)(d) An Easement by prior use. You would be unlikely to be able to establish this in the PS3 or nVidia cases, given that three of the five elements to establish such an easement are not present: (i) common ownership, (ii) severance, (iii) continued use after severance. It bears mentioning, however, because the threshold for the definition of "necessity" is more lenient than in (1)(c), and a clever lawyer could /potentially/ construct an argument.

    OK, what other theories are there?

    (2) "Intentionally blocked view"; if your neighbor intentionally and with forethought, built a fence, or plants trees/bamboo that subsequently block your view, and thereby devalued your property or your enjoyment thereof; the legal term for this varies, but it's often called a "spite fence".

    (2)(a) The "spite fence" argument, is clearly applicable in the Sony PS3 case, since you would lose access to existing features of the device should you *not* install the firmware update, and lose access to existing features if you *do* install the update could likely be easily construed by the court, especially with a little prompting as "malicious intent" -- a key factor required for judgement on your behalf. Again, I don't know if you could make an "either or" case with the nVidia update -- bu I expect you c

    • by AmiMoJo ( 196126 )

      I like the UK system. In the case of what Sony did you are due a refund based on how much you use that feature. If it's the only reason you bought a PS3 and now it's effectively useless to you (since you can't downgrade), you get 100% of your money back. If it's something you used along side playing games you can get say a 50% refund.

      Deducted from that is an amount based on the amount of time you have owned the device. If you bought it the week before the surprise update the deduction is zero. If you bought

  • Taking away features is a reason not to buy it, and at this point I won't, ever.
    Not even used from one of the poor saps that paid the original price for something that the manufacturer purposely devalued.

    Hell, I still have yellow dog as the alternative OS on my PS3 so you can depend on ME not accepting whatever bullshit they want to push.

  • While an uproar and custom upgrades they quickly died out.

  • "The update, which is necessary to run recent games and apps that require Android 5.0 APIs..."

    followed by:

    "Nvidia has stressed that it is an optional update..."

    So let me get this straight... Nvidia says the update which is mandatory to play newer games and possibly older games that are updated is not mandatory for their device specifically designed for gaming... Whadafuq

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