Legal aspects in the field of consumer protection when changing cell phone software. How to update the Android version on your phone

It has occupied a significant niche in the world market. First of all, this happened due to the rich functionality and the ability to customize it individually for each user. But sooner or later the system version becomes outdated. And users are faced with the question: how to change the firmware on Android? It can also occur in cases where the current version is no longer satisfactory, since the updated ones have many more features and are much more stable.

A small educational program

First, let's figure out what firmware is? This one is like this operating system smartphone. A kind of analogue of Windows for computers. And the very concept of “firmware” for tablets (Android) means reinstalling or replacing this very system. Why is this necessary? There are users who don't care what operating system they have on their phone. Others appreciate the beauty of the interface. Someone reflashes it in order to enjoy fresh games. There can be a great many options. If we take into account the ideal scenario, then when a new version of Android is released, the device’s performance should increase. But, unfortunately, this is not always what happens. Sometimes she falls.

Software Update

How to change the firmware on an Android device? Most the simplest way is an update that is performed as follows:

  • Enable Internet access via Wi-Fi.
  • Go to the settings of your mobile device.
  • Select options and “About device”.
  • There should be another item here - “Software update”.
  • After selecting it, all that remains is to wait until the firmware update occurs.

Even though different models Smartphone settings may differ, but the main principle is always the same.

Replacing the current firmware

The update does not always happen. Sometimes there is a need to replace the current firmware for Android tablets or smartphones with another one. Then first of all you need to find the firmware for this phone model. This will not be difficult for people who know how to use search. The main thing is not to download malicious software. Most likely, an archive will be found in ZIP format, the size of which can range from 100 to 500 megabytes. In most cases, instructions describing the entire process are necessarily attached to the firmware itself. But if you didn’t find the annotations, then there is a method that the Android firmware program can help with - Rom Manager. She has both free version, and paid. The second will be able to independently find the necessary files. But this function costs more than fifty dollars. It’s better to search on your own and for free.

Replacement steps

So, how to change the firmware on Android by replacing it? At the first stage, when the necessary firmware is found and downloaded, and Rom Manager is installed on the device, it is important to connect to it Charger. This is done even if the user believes that his smartphone has insane powerful battery and holds a charge for a very long time. It’s still better to play it safe and connect to the power supply. Just in case.

The second stage is this: you need to open the Rom Manager on the device, find the “Install ROM from a memory card” item in it and specify the archive that was previously downloaded from the network. Let us remind you that this is most often a ZIP file. After this, a menu will appear in which you need to check boxes depending on the user’s desires. You can simply check all three. And it won't be superfluous. After this, you can click on “OK” - the firmware installation process will begin, after which you will get an updated device with new functions.

Recovery

It happens that at the previous stage some problems arise. For example, the smartphone stopped showing vital signs, the screen became somehow suspicious. Any process that causes confusion requires quick action. In this case, the switched off device must be put into recovery mode. To do this, you need to turn it off and then start it again using the power and home buttons held down. This combination may differ on different device models. The main thing is that two mechanical keys of the device are used.

After getting into the recovery menu, you need to find the “Install archive from memory card” item and open the menu. In it, select the line - Toggle signature verification. Here you really need to make sure that the display shows the message “Selecting an archive from a memory card.” Then wait until the download is complete and use your smartphone or tablet.

This happens: the phone’s firmware is finished. Android then refuses to work. These problems can be software or physical. If after all the operations performed the device shows at least some signs of life, then this software problem. The third step described above will help here. With a physical breakdown, everything is more complicated. If the device is still under warranty, then you should immediately take it to a technician who will probably know how to change the firmware on an Android device.

From time to time, every owner of a device running Android OS needs to update the system. Moreover, this procedure is not mandatory; you can simply forget about it completely and use the version that was installed from the factory.

However, this decision will deprive you of many benefits. For example, all new games and applications are installed only on the “fresh” versions of Android. In addition, developers release updates with a very specific goal: to get rid of the shortcomings and bugs of the previous version and introduce new functions useful to the user.

First of all, we will look at the easiest way to update the system, which does not require any skills.

Important! Before any update or firmware procedure, make sure your device is fully charged. Otherwise, during the process, the smartphone may discharge and then not turn on, because... the update process was interrupted. Also, before any operation, do data backup so that in case software errors, return the previous stable version.

Official firmware

Android OS update over the air

The easiest way is to update automatically using Wi-Fi or regular Mobile Internet. Most important point here, it is to ensure that there is an officially released update for your device.

  • Go to the device settings, look for the section " About the phone".

  • Inside the section we are interested in the item " System update", click on it.

  • Here you can move the top slider to the active position to have your device automatically check for released updates. Or press the button " Check now".

  • After this it will begin automatic update systems. Or a message will appear that the device does not need to be updated because... The latest OS version is installed.

Sometimes it happens that your acquaintances or friends who have the same smartphone as you have already received an update “over the air”, but it never arrived to you. To solve this problem, do the following:

  • Go to the device settings and click on the " tab Applications".

  • In the window that opens, go to the tab " All". In the list that appears you need to find " Google Services Framework».

  • We go inside and press the button " Erase data".

  • After that, in the section " About the phone"Checking for new updates.

Manual update

If the above methods did not help, perform the following steps:

  • We go to the official website of the manufacturer of our device and look for an archive there with an updated version of the OS for your device. Download it and dump it onto the device’s SD card or internal memory.
  • We go into Recovery mode. To do this, turn off the smartphone, and then turn it on, holding down the power key and the volume up/down button at the same time (combinations may differ on different models).
  • Here we are interested in the point " apply update from sdcard"if we dumped the archive onto the SD card or " apply update from internal storage"if the archive with the firmware is in internal memory. Select the desired item and click on it using the power key.

  • In the window that opens, select the archive with the updated firmware and press the power key. After this, the system update process will begin. After rebooting, the device will delight you with the new OS version.

If for some reason it was not possible to update the operating system using the above methods, we move on to a more complex option. We will need a PC, smartphone, USB cable, installed drivers For specific model our device, as well as special program for firmware. For different brands and smartphone models, programs and drivers will vary. We will describe the process in general terms.

Instructions:

  • 1. Download the PC client for your model. For example, for Samsung it is Odin or Kies, and for Xiaomi it is XiaoMiFlash, etc.
  • 2. Then download the ADB drivers so that the PC can recognize our device.
  • 3. Download official firmware for your device from the manufacturer's website.
  • 4. In the smartphone settings, go to the " For developers"and turn it on" USB Debugging".

  • 5. After this, connect the phone to the PC and install the updated firmware using the appropriate program.

Unofficial firmware

It may also happen that the manufacturer no longer releases updates for older smartphone models. In this case, you will have to use unofficial Android OS firmware, of which there are a great many. However, it is worth remembering that installing such software may cause malfunctions of the device or even turn it into a “brick”.

The instructions for installing custom firmware are similar to what we described in paragraph " Manual update". Only in in this case(not always, but most often) we will have to first install a custom Recovery ( detailed instructions


Solution in a civil case

Case No. 2-146/16 COPY

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Magistrate of the judicial district No. 8 of the Bereznikovsky judicial district of the region Shelepova N.S.,

under secretary I.V. Malyutina,

with the participation of the plaintiff Vvedenskaya Yu.V.,

Having considered in open court in the region a civil case on the claim of Vvedenskaya against CJSC "" (hereinafter - JSC "") on the protection of consumer rights,

u st a n o v i l:

Plaintiff Vvedenskaya Yu.V. filed a lawsuit against the defendant JSC "" for the protection of consumer rights. In support of the claim, it is stated that the plaintiff purchased from the defendant at the sales office a Microsoft Lumia 535 white cell phone, worth 7,036.60 rubles, with a warranty period of 12 months. During the warranty period, during operation, defects were discovered in the product - autofocus stopped working, problems appeared with the contrast of the internal display, the phone spontaneously began to print text without the ability to delete it, which caused inconvenience, and therefore the plaintiff turned to the defendant for repairs. At the end of March 2015, the phone was returned to the plaintiff, the service center reset the user data, the settings were restored to the version recommended by the manufacturer, which is confirmed by the certificate of completion dated. A short period of time after the repair, at the end of June 2015, the indicated defects were again discovered in the product , and also a new malfunction appeared - the phone did not turn on, and therefore at the beginning of July 2015 the phone was sent in for repair again for the second time. According to the work completion certificate No. 266821 from the service center, the user data was reset again, the settings were restored to the version recommended by the manufacturer. she contacted the seller with a claim to replace the phone with a phone from another company, since there was a flaw in the phone - the phone did not find the menu, the seller offered to hand over the phone for a quality check. The phone was again handed over to the sales office for a quality check, because after the repair, shortcomings in the phone again appeared - autofocus did not work, problems appeared with the contrast of the internal display, the phone began to freeze, and typed spontaneously when working with the keyboard and entering the unlock code. Since the results of the quality check were not reported, the plaintiff contacted the seller demanding a refund of the money paid for the product. Money, however, the defendant refused to satisfy the plaintiff’s request, indicating that the malfunction in the phone had been eliminated, and therefore the phone was a product of proper quality; they presented a certificate of completion of work, which indicated the repair was carried out. Since the deficiencies in the phone appeared repeatedly after they were eliminated, he believes that the phone has significant deficiencies, and therefore, asks to terminate the purchase and sale agreement with the defendant, to recover from the defendant the cost of the phone in the amount of 7,036.60 rubles, a penalty on the day of the decision court, moral damages in the amount of 20,000 rubles, a fine in the amount of 50% of the amount awarded by the court.

At the court hearing, plaintiff Vvedenskaya Yu.V. insisted on the claims, justifying them with the arguments set out in the claim. She explained that until now the phone is inoperative, which precludes the possibility of using the phone for its intended purpose. She added that since the seller refused to satisfy the request for a refund of the cost of the phone, she contacted the seller with a request to replace the phone with a phone from another company, but of similar cost. The seller refused to replace the phone and offered to submit the phone for a quality check, which she refused, since the phone had already been repaired three times, but the shortcomings in the phone had not been eliminated. She justified the moral damage by the fact that due to the presence of shortcomings in the phone, she cannot use the phone for its intended purpose until now, which causes her moral suffering, and is forced to go to court to protect her rights.

JSC "" was duly notified of the place and time of the consideration of the case, but did not appear at the court hearing. From the representative of the defendant Sudnitsyna E.A., acting under a power of attorney from, a response to the statement of claim was received, in which it is indicated that the plaintiff twice - in mid-March 2015 - contacted the authorized center through the sales office of RTK JSC with an application for warranty repair disadvantages of the phone. Based on the diagnostic results in both cases by an authorized specialist service center The user data has been reset, the settings have been restored to the version recommended by the manufacturer, the declared defects have not been confirmed, the device is in working order and fully complies with the declared technical specifications, which is confirmed by technical condition certificates. The plaintiff contacted the sales office with an application for a refund of the money paid for the cell phone, the defendant offered to transfer the device to an authorized service center to conduct additional quality checks in order to confirm the declared defect and establish the significance of the defect. The plaintiff contacted the sales office of RTK JSC with a warranty claim to eliminate the defects. Based on the diagnostic results, a non-essential flaw was identified, which was eliminated free of charge, namely, sensor 8003495 was replaced, frame 8003436 was replaced, and the software was updated. The plaintiff was asked to pick up the phone, but the plaintiff refused to receive the phone. The plaintiff applied to the sales office of RTK JSC with a request for a refund for the purchased cell phone; the defendant refused to satisfy the stated demand, since the defect declared by the plaintiff had been eliminated and the product was fully functional. The plaintiff again applied to the sales office of RTK JSC with an application for a refund for the purchased cell phone, the defendant offered to transfer the device for warranty service, but the plaintiff did not apply for the elimination of the warranty defect, and did not pick up the device from the sales office. The Microsoft Lumia 535 white cell phone purchased by the plaintiff belongs to the category of technically complex goods, since it has touch screen and has more than two functions. He believes that the defendant fulfilled his obligations in full, and therefore the demands for the collection of penalties, moral damages, and fines are unfounded and cannot be satisfied. If the claims are satisfied, he requests that the issue of the amount of the penalty be considered, taking into account the provisions of Art. . He asks that the claims be rejected and that the case be considered in the absence of a representative.

The court, after listening to the plaintiff, reviewing the response of the defendant's representative, and examining the case materials, came to the following conclusion.

According to paragraph 17 “ Maintenance and repair of telecommunications equipment. Terms and definitions" OST 45.152-99 Ministry Russian Federation According to communications and information technology, types of technical repair include the replacement of a component or element of a product intended to replace the same part or element that was in operation in order to maintain or restore the serviceability or performance of the product.

In accordance with clause 24 of “Maintenance and repair of telecommunications equipment,” serviceable condition is defined as the condition of an object in which it meets all the requirements of regulatory, technical and/or design (project) documentation.

By virtue of clause 25 “Maintenance and repair of telecommunications equipment”, the term faulty condition means the state of an object in which it does not meet at least one of the requirements of regulatory, technical and/or design design documentation.

According to clause 27 of “Maintenance and repair of telecommunications equipment”, an inoperable state is a state of an object in which the value of at least one parameter characterizing the ability to perform specified functions does not meet the requirements of regulatory, technical and/or design (project) documentation (GOST 27.002) .

A software failure renders the phone inoperable and requires software restoration, which is a repair despite the ease of performing software modification and restoring factory settings in a cell phone.

The software in the plaintiff's phone was updated by the defendant's service center 3 times in each case when the phone was returned for warranty service.

Taking into account the above, the court comes to the conclusion that the plaintiff was given a product of inadequate quality; the Microsoft Lumia 535 white phone purchased from the defendant has significant deficiencies, since the same defects in the product appeared repeatedly, including after they were eliminated as a result of three warranty repairs, which is confirmed by certificates of completed work.

Since a significant defect was discovered in the goods, the plaintiff’s demand to recover from the defendant the amount of 7,036.60 rubles paid for the goods must be satisfied.

Judicial practice on:

Moral damage and its compensation, compensation for moral damage

Judicial practice on the application of Art. 151, 1100 Civil Code of the Russian Federation


Reduction of penalties

Judicial practice on the application of Art. 333 Civil Code of the Russian Federation

Dear Elvir! REPLACING SOFTWARE IS A REPAIR. (confirmed by judicial practice). Most likely in court. Here is a court document: (extract)

Alexey K. bought it from the Svyaznoy store Nokia phone E7 Dark Gray paying 24,990 (twenty-four thousand nine hundred and ninety) rubles. For him, I also purchased a CP-501 Black case worth 1290 (one thousand two hundred and ninety) rubles.

During the warranty period, various shortcomings were repeatedly identified in it, and therefore our fellow countryman contacted the service center twice, but after elimination, the shortcoming was revealed again.

On August 11, 2011, Alexey contacted the seller with a demand for a refund for goods of inadequate quality. At the same time, Svyaznoy refused to check the phone in the presence of the client and the seller’s representative at the point of sale said that in order to get a refund, the phone must be submitted for a quality check.

The consumer gave the phone to the seller and clearly indicated the requirement “Refund of funds” in the receipt.

However, within the period established by the Law of the Russian Federation “On the Protection of Consumer Rights,” Alexey did not receive a result on his claim. On 09.09.2011, SROO TsZPP filed a statement of claim in court demanding termination of the purchase and sale agreement and recovery of penalties and moral damages from the seller. At the court hearing, the Defendant presented a report from the service center that no faults were found in the phone, and the software was updated.

Thus, the Defendant actually eliminated the defects in the phone, which the seller’s consumer did not ask for.

Representative of the defendant. At the court hearing, the claim was not recognized, explaining that during diagnostics at the service center, no faults were found in the product, and replacing the software does not constitute a repair. To more accurately study this issue of whether firmware (software change) is a repair or not by the court, an employee of an authorized service center engaged in telephone repair was questioned as a technical specialist.

During a conversation with a technician, it was possible to find out that a software failure leads to the phone not working and requires a software update, which is the repair of the phone.

In addition, due to the actions taken by the seller of the product (updating the software version), it became impossible to establish the actual cause of the shortcomings identified during the operation of the phone. For the same reason, it is impossible to check for defects in the phone at the time it was accepted by the seller.

About the repair mobile phone the plaintiff did not ask, thus there is a fact of violation by the seller of the consumer’s property rights.

Having examined the case materials and heard the arguments of the parties, the court sided with the consumer and ordered the defendant to recover the cost of the phone, a penalty and moral damages caused in connection with the seller’s refusal to voluntarily satisfy the consumer’s demands.

Just like any operating system, Android is constantly evolving, new versions of the OS are released every year, with new features, design, and without old bugs. Manufacturers of smartphones and tablets are trying to implement them into their products as new versions are released. How can I check the Android version on my smartphone to know if it’s time to update? And then, how to change the Android version if Google has already released a new release?

How to change the Android version

Ideally, everything should look like this: after Google releases a new version of the OS, smartphone manufacturers adapt it to their devices and notify users that there is an update for their system. In reality, this is not even approximately what happens. Of course, there are companies that try to keep up with the times and do not refuse to support their devices that were released last year or three years ago.

But the vast majority of manufacturers don’t care at all what version was released, what’s included when a smartphone is released will remain there forever. So, how to install a new version of Android on budget smartphone, and how to change the version of Android on the flagship - these are two big differences. Usually immediately after purchase inexpensive smartphone, the user can receive one update after some time (a month or two). But this update is purely cosmetic, within the same version of Android that was in the smartphone initially.

How to find out the android version

  • To do this, you need to open (tap on the gear icon) the settings of your smartphone;
  • Go to the very bottom and go to the subsection information about the device, about the phone, about the tablet, it’s different for everyone;
  • This section contains information about the Android version and much more information about your phone.

Automatic update

If after purchasing a smartphone you have not received a notification that a system update is ready, you can check it yourself and update Android yourself. To do this, you need to go to the device information section in the settings, and there tap on the line for software update or something similar. If the update button is active, that is, there is an update for the system, then switch your smartphone to Wi-Fi so that it is faster and the money does not disappear from your account, since the update weighs a lot, in fact, it is an entirely new operating system. Next, click update and wait for the procedure to complete with the device rebooting.

Unfortunately, you will not be able to update the Android version to a newer one if this is not provided by the manufacturer of your smartphone. If you completely demolish everything, hack the security, and force installation latest version, then the smartphone will not be able to work with it, since the OS still needs to be adapted for specific hardware. And if companies do this for expensive smartphones, then for mid-range smartphones and, especially for state employees, no one will do extra work.

How to return to the previous version of Android

It happens that after an update, your favorite applications stop working, your phone starts to glitch, and just... a new version I do not like. In this case, you can roll back to the previous version. How to roll back the Android version so as not to use complex third-party programs?

To return the default version of the OS or smartphone firmware, you need to go to the settings, then look for lines like privacy or archiving reset. In general, we find the item with “Reset settings”, tap, agree that you will lose the data, and then “Reset”. That's it, now just wait until the smartphone completes the procedure, and it ends with a reboot. The device will wake up with the firmware that was in it immediately after purchase, that is, the default version. This may take ten to twenty minutes.

Be sure to save all important data before the procedure in reliable external storage, it doesn’t matter whether it’s a cloud or an SD card. All user data and settings on the smartphone will be lost as the operating system is reinstalled. Also make sure that the smartphone’s battery was charged before resetting - you cannot interrupt the procedure, otherwise you will have to resolve the issue only through a service center.