Blackberry Safety Warning Boilerplate - Who Does it Serve?

Lawyers! Some firms probably make millions writing this stuff and others make millions defending it in court.

You, Mr Consumer, are not smart enough keep from getting lost in the middle of nowhere, in a deep canyon, and relying on the cell phone to get the chopper in to rescue you.

Does it serve a practical purpose? Nope!

One of the features of the 911 system is the ability for an operator to get from the system the address of the phone line that made the 911 call. This feature allows the service to dispatch resources to the location of an incoming 911 call where the maker of the call can not talk due to injury.

Until recently, such ability was not available on much of the cell system that wireless devices like the BB use. Hence the warning.

I would imagine as cell system providers roll out full GPS functionality into the full cell system, such messages may become less and less.

Also... most GPS aware wireless phones have the ability to turn off the GPS functionality. Which is just another reason for the warning.

This used to be true (as I understood it) and I believe it is still true:

Regardless of the GPS capability, cell phone type devices have a 'home address' to which emergency calls (911 or whatever) are routed. If you are traveling and you call for emergency help, the call is sent to your 'home' 911 call center, not to the nearest 911 call center. If your home is in Boston, but you are in Philadelphia on business and have an emergency, dialing 911 will alert your home 911 call center back in Boston. It will take extra time to get your message sent to the 911 responder nearest to you.

Please update my understanding of this if I am mistaken.

I think you are out of date. MODERN cell phones can be located regardless of their "home address". This is not ture throughout the USA, but in most cases it works.

Any time you make a cell phone call, your location is known, unless you disable that feature. 911 calls override this disable feature.

A problem I've had related to Nocia phones is the 999 facility. I used to carry my phone at work in my pocket along with keys (anyone who has worked in a large facility will know how many keys you tend to carry around), nuts, bolts and bit of stuff that may come in handy. So the phones jiggling around and buttons are being pressed at random, OK so I have the key lock on. It doesn't work for the 9 key! I dread to think how many emergency calls I've made over the years, the operator asking my keys and a couple of nuts if they need assistance.

So, what's the problem with using a landline to make an emrgency call instead of one of those toy telephones?

Try buying better Christmas Crackers!

Hey PW.

I was perfectly content with my amish hockey puck samsung rather than this Crackberry.

I travel, and being an old guy, i think of my phone as a way to make phone calls, you know, maybe an emergency call if I get into a jam...

I guess blackberry doesn't see it that way, they see the high tech, but the warning that this phone should not be relied on to make emergency calls is a bit of off putting.

What's one of the reasons to have a portable phone? "To make a call if you have an emergency," makes my short list.

BTW, we get steaks for the holidays, not crackers.

Milo

Re: "I guess blackberry doesn't see it that way, they see the high tech, but the warning that this phone should not be relied on to make emergency calls is a bit of off putting."

Two points:

1. Blackberry doesn't provide the infrastructure to handle emergency (or any other) calls--if your service provider doesn't provide the infrastructure to support emergency calls, isn't it smart for you to know that, and good for Blackberry to warn you? (That's why you read the manual, isn't it?)
2. Some people will prefer not to have their location continuously disclosed by a GPS unit and other technology (not much you can do about cell phone towers), and, imo, have a right to such privacy.

I am puzzled a little bit about the wording of the warning--I would have thought they'd also mention the GPS aspect, unless they are trying to keep that a secret.

Hi rhkramer.

I understand the validity of what you say. Obviously my blackberry is quite capable of calling out in the developed area where I live, and the network is well developed here.

I just feel like I'm in a monty python skit where I want a phone to do phone things and They give me a device that can do a million other things, but the one thing that underlies the purchase - "to be able to use it for making calls in an emergency " is specifically disclaimed. Did I buy a deceased parrot, when I expected a live parrot?

Its the whole we'll take your money, then will print up 33 pages of legalese that says it won't necessarily do what you expect it to do that gets my dander up.

Is it fit for use or not?

Well, not according to page for in an emergency. (Maybe).

Milo

Do a real time test of the new device - that is to actually call 911, and tell them that you are very concerned about the 'boilerplating' embedded into the contractual obligations of the new device, and that you only wished to test for an emergency call and the anticipated subsequent responce from such services.

They will probably charge you with the misuse of the service, or at the least give you a stern warning to not do it again - (and they may even take you off from their response list as being a nuisance abuser).

At least then you will know if the system is working or not.

Sorry, i JCHM, as it's a slow afternoon before I return to the basement to repair my sump pump problem. Just a note meant to be good natured and with Holiday cheer in mind for all! _{(and at least, I learned a new phrase today -'boilerplate' as regarding legalese, as opposed to the ASTM decriptions) -} Loupy.

I understand--I often feel the same way about things!

Have a good day!

I should hope I am never in a position where I don't want someone to know where I am...

I guess I also am a little old fashioned. I count on my phone to do phone stuff: Make calls, receive calls and have a contact directory so I can look up folks to call and provide me a "whose calling me" when I get called... and to make emergency calls. I have never had to make an emergency call, but I image if I did, I would not want to have to search around for a "land line" when I have a phone in my pocket! AND I do like the GPS tracking!

I agree with you. All I want is a cell phone to be a PHONE. Not a camera, game system, movie watcher, web browser, etc..

And most of the time I don't even want the phone either.

But it sounds to me that the Black Berry lawyers are just covering their asses in case you happen to be in an area where the typical 911 phone system doesn't work like it would with a land line. Not all 911 systems are up to date with GPS tracking yet. They are supposed to be in the very near future but $ is tight everywhere.

It's a classic case of CYA, that's Cover Your A$$ for the acronym impaired.

Some jack-wagon with a sense of entitlement probably tried to sue them over one or a number of these issues, and in reaction Blackberry has decided to print a "safety" manual in order to reduce potential lawsuits.

What they probably should have done was simply created a website and included a URL in the manual that says, "Go here to read a bunch of safety drivel."

Yes. My question now asks (realizing it should be on a legal, not engineering forum) is "Does this CYA warning actually deny the merchantability and fitness for use of this device as a phone?"

Milo

Are you trying to find a reason to return the phone?

I'm not a lawyer, and you might find one that disagrees, but I don't think this affects the "merchantability and fitness for use of this device as a phone".

IMO, you'd have more luck going after your service provider, if your service provider doesn't provide the proper infrastructure for emergency calls. But, no doubt, they've got a nice big disclaimer somwhere, also.

(To clarify my thinking on this, the way I see it, for phone service you need a phone and a service provider. The phone will work to make emergency calls, any deficiency is in the service provider. Unless, maybe (I don't know) the Blackberry doesn't have a GPS unit built in, and that is the deficiency they are trying to disclaim.)

And, not knowing much about how cell phone service is structured anymore (can you roam out of network?), I don't think you'd have any recourse if you were in an area with a different service provider and you're call emergency call didn't work properly.

But, check with a lawyer, or try to get a law passed (I'm being facetious about that part).

No the question that is begging...

Did you buy the phone solely for emergency communications?

As has been said, Blackberry does not own the communication towers or provide phone service and as such cannot be liable for its phone failure to connect should those things not be available in your immediate area during an emergency.

If you think that any phone manufacturer will guarantee you absolute phone communication in an emergency. You might as well stop looking at phones and find some other method or device.

Time to move on and stop agonizing over this issue.

Thanks. I'm not agonizing. I'm not trying to return the phone.

I just wanted to start a conversation, It sseems pretty strange to have the markleting department saying this is a great phone and the lawyers and packaging saying 'but don't rely on it as a phone in an emergency."

An irony kind of thing.

Milo

Oh, the marketing department was involved--no surprises, then. ;-)

Yes.

Depending on your definition of "use of this device as a phone."

See the quandry?