The Maemo Community Council raised with Nokia the issue that upgrading to Maemo 5 PR1.2 forces the user to subscribe, via SMS, to the "MyNokia" service. The user has no ability to opt-out: it's either subscribe or don't use the device.

Nokia have, to their credit, engaged in the bug report about this, #10366, and have also sent us an official response:

“Nokia Corporation respects applicable laws and regulations and has carefully reviewed the content in your mail. The latest Nokia devices are no longer traditional mobile phones. Instead they are mobile computers that include sophisticated services such as messaging, games, as well as capability to access online services, download applications, take pictures and video as well as to process text. Such devices should be seen more as portable computers with phone functionality rather than traditional mobile phones mainly capable making a phone call. N900 belongs to this category of mobile computers.

The first use of the latest software for Nokia mobile computers include functionality preparing the device for the service use on behalf of the consumer. In this connection Nokia also provides the consumer with the possibility to receive support messages to assist the consumer get the most out of the purchased Nokia mobile computer. These messages include tips on the capabilities and features of the Nokia devices and available services and features. We believe that these support messages are for the benefit of the consumer and help those consumers who are not yet fully aware of the possibilities their devices offer to make the most out of their purchase.

Nokia informs the user about this support feature and the cost of the SMS on the cover of the sales box and in the Nokia device user interface through the terms and conditions. Any personal information (including any information in the SMS) needed for the service is dealt with in accordance with Nokia's privacy policy available at http://www.nokia.com/privacy-policy.

We have not found any grounds to assume that the My Nokia service would in any way breach the UK Computer Misuse Act, which is 'An Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes'. Please provide further information if you feel a more detailed analysis is needed.

In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us through the contact points referred to in Nokia’s privacy policy.”

Obviously, there's a lot of disappointment in this response; although - to be fair - Quim Gil is going to raise the issue of a missing opt-out function through the Fremantle programme.

The community has investigated several ways of trying to avoid the issue, with the most promising being Graham Cobb's notmynokia. This tool, in Extras-devel, can be installed on a PR1.1 device before reflashing, or in-place upgrade, to PR1.2 and will trick the system into thinking you've already accepted the service.

The council recommends that anyone who does not want to send their personal information to Nokia investigate this tool. More background is also available on the wiki page, "PR1.2 compulsory MyNokia subscription".



Link: Original article.

Duh, what next... a remote kill/install switch ? :-)

That comes after the joint venture with Google.

My N900 didn't need to send a SMS to Nokia to prepare the device when I first got it, why does it need to with PR 1.2?

i would like nokia to delete all my personal data, and give me the money i lost when they conned me into buying a half baked N97, and some form of compensation for all the work i lose due to N900 email not refreshing, ten grand would do it!

how can you tell wether the n900 sent sms or not, cos there is no log on my phone of it sending sms.

if thats true maybe nokia should reimberse us the amount it cost to send the sms no matter how big or small the fee.isnt it bad enough we have to pay for the device now they are squeezing more out of us for stupid sms's. what next microchip in your hand so the phone can work?
sound like nokia is part of the illuminati's new world order plan to enslave us all. if thats the case might as well stick with the 3100.

BTW: who wrote this answer? anyone we know? did you not publish his/her name because you're polite and want to protect this person? - or did nokia choose to have some random customer care agent answer the question of the maemo community council?

Quim acted as the point of contact; but he didn't write it (AFAIK). It wasn't Nokia Customer Care; and we didn't email the help desk.

There's two flaws in this:

a) When I purchased my N900, I didn't see the original Nokia box. My carrier (A1 in Austria) puts devices they sell in their shops in A1-branded boxes. They all look the same, Nokia, HTC, RIM, you cannot tell from the cover. Of course such a generic box doesn't tell anything about the forced registration at a Nokia service.

b) It is not enough to inform the user. These are unusual terms and conditions that a consumer must explicitly accept. There is no place in the "Nokia device user interface" where a user could accept these terms and conditions. (Reading them doesn't mean accepting them.)

Your points are well-taken, and in fact you will get no argument from the council. We will challenge statements such as that as far and hard as we can... but to be honest I don't expect much of a retreat off that stance.