What law? Can you please cite the statute or common law precedence?

I thought about a class action over the cost of a text times the number of phones, but even then, the average marginal cost is low since most people have an unlimited plan, so call it $0.05. Times maybe 500k phones that updated and damages to the class are $25,000 - not worth a lawfirm's time.

Regarding the privacy violations, I haven't checked, but I'm betting that nokia's privacy policy states that they may collect a large swath of information. Even if it doesn't, intangible damages like loss of privacy of a number are very hard to monetize, so again, I don't think anyone is going to go after nokia, legally.

I agree with the sentiment that this is the wrong ply on Nokia's part, but i think that it really just comes down to is this enough to make your next smartphone purchase not be nokia?

What are you talking about? It's not a matter of how much money the people spend by installing this update. It's a violation of the people's privacy. I could imagine that laws concerning computer piracy may be relevant on this topic. Nokia is installing a program that is suitable to collect private data and send them to a foreign server (at least if you live outside of finland). That is exactly what most spyware does and people go to jail for that.

At least in germany there is a thing called criminal law and it's used even if it is no matter of money.

This is another question. After Nokia closed it's location in germany many people said "uuuuh, never ever buy anything from nokia, they are so bad". I guess they just don't remember anymore.

I never got any screen warning me about any of this either. Such stuff really bugs me, much like having to have a Google account to activate an Android phone.

Like others here I'd hit 'Unsubscribe' and gotten a 'Failed' return SMS. As it turns out, that's good - it's actually telling you you can't unsbscribe to what you aren't subscribed to. More about that later.

I decided to take a less technical, ordinary-user approach to what could learned about data collection and how to stop it. After all, most N900 owners won't be coming here for which files to delete, etc. Turns out not too much.

Regarding stopping the service...from the MyNokia Support FAQ:

"Q: How can I opt out of receiving communications from My Nokia?

A: You can opt out of receiving My Nokia communications at any time. The easiest way is to go to nokiausa.com/mynokia and log in to your My Profile section. You may also opt out via SMS by sending the text “STOP” to 21342."

I sent a 'STOP' message to 21342. No reply, nothing happened.

I already have an Ovi acccount so I went to nokiausa.com/mynokia and logged in successfuly using my Ovi ID and password. That took me to a registration page already partially filled out but only with what little information I had given when I registered for Ovi - name and email address but nothing else - no phone number, home address, gender, birthday etc. Could not find a 'My Profile' section. A little more mucking around and it was clear I couldn't find My Profile because I didn't have one. IOW I had not automatically been registered for My Nokia. If I wanted into it, i would have to complete the registration form and choose to opt in. That's Good.

Regarding data collection...other than reading a short story that is the Terms of Conditions in Settings > My Nokia I never found any additional information - using normal means, understand - about exactly what info had been collected and sent or how to stop it. Nothing technical at all. That's Bad.

I'm pretty security-paranoid usually. It was a primary consideration in switching from Windoze to linux 11 years ago. it's one of several reasons I'll never own another Android phone. But I admit after learning all I could here and elsewhere I'm not particularly alarmed about this. The Big Brother quotient going on is still much less than Google or Apple. Just smells really bad more than anything.

I'm now in this boat too. I couldn't update OTA so I used the CLI flasher (since NSU is Windows only and seems to not really work very well anyways).

As far as I can tell, I never sent any SMS to Nokia (didn't receive any either) but My Nokia in Settings only had the unsubscribe option. Just now I stupidly hit unsubscribe and got the 'failed to unsubscribe' SMS back. I'm guessing this is just more QA failure on Nokia's part and I wasn't subscribed to begin with, good thing they've definitely got my info now...

The cherry package (the one that contains the MyNokia related programs) includes the development (.la and .a) versions of libraries, so obviously this package did not go through any QA.

Haha.
Remember google? Using their streetview cars to record private WLAN data?
Probably not illegal either, but on such a big scale... seriously.
And their response?
"It was an accident and we did not notice an extra terrabyte of data per day that wasnt even pixel data.
Whoopsie"

Anyway, in my update I too only had the choice between "Read eula" and "Done".
I read somewhere in this forum that I could have just tapped outside of the window somewhere and that would have meant "I do not accept that crap". But can't confirm that.
Another rather sneaky aspect is that this SMS doesnt even appear in your SMS logs. It gets smuggled out somehow.

In what files in the filesystem outgoing delayed SMS messages wait to be delivered?
Say, if I next week upgrade OTA throug USB-networking without SIM-card.

Who changed the topic subject, and why?

In order to seek damages to privacy you need proof of intent and you can't possibly prove that. Message is legal and well intended if you pressed the button and the hiding is an UI decision. They can (and will) say someone had a loose checkbox and the release went out with a true instead of a false.

A regrettable oversight on our part and measures will be taken...

Before making this too big issue, please go to site you downloaded pr1.2 and read eula and privacy statement there.

You didn't read them when downloading ? Shame, since otherwise you would known that by downloading you agreed those terms and thus gave permission for data collecting.

And on Software agreement; software is provided as it is. If automatic registration is part of PR1.2, then you either accept that or you won't upgrade, simple as it is.