Does anyone know how updates will work after 8/8? Will new updates be considered a “new product”? I don’t have a mod with upgradable firmware yet, I’m just wondering if the regulations will affect that or not…? If everything was perfect I know that upgradable is what I’d be looking for, but I’m not sure if I should even bother worrying about it if new updates are going to be banned.
I want to see the FDA try to ban software downloads. They should ask Hollywood how that’s working for them.
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It not so much the downloads but the product itself, would a new firmware mean that the manufactures would have to re-submit the device for product testing again? If so I can’t see a reason for them to release new firmwares if it means paying for more tests.
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That was pretty much my thought. Obviously the whole thing is stupid, but stupid doesn’t stop the fda from trying to get their paws on every damn thing.
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I seem to remember reading that they have included the software in the regs but I could be wrong. I think @ringling may be the one to help answer this.
Easy enough to get around, just release unofficial firmwares or they only ever sell with stock firmware and if the customer changes anything that’s down to them.
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I would think they would simply sell the item with the original firmware, then you would have to update it yourself. If for say they sold a mod with firmware v1 then wanted to sell the same mod with firmware v1.1, the FDA would likely consider it a “new” device. So just keep selling them with the v1 firmware (no change to the device) and let the users update it themselves via downloaded software.
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Great minds think alike!
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Standing on the shoulders of giants in my case.
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Manufacturers can not update a device whether it be software or hardware without making said product a new product and subject to a PMTA requirement of its own, HOWEVER, that should not mean that the manufacturer can not offer software updates that the consumer can install themselves. I can not verify this to be true but let’s say this, whats to stop them from doing so…
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It would be incredibly stupid of the FDA not to allow software updates, particularly if they might include safety related features. But, it is the FDA…
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Exactly. Common sense goes right out the window with them.
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That’s because common sense isn’t very common 
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Oh, an oxymoron!
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It would work out really well in a way if only homebrew firmwares were available. We’d probably see more updates than we see now with more customization. However, mods that aren’t very popular would probably not see any updates.
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Perhaps I should clarify. When the factories have a update to software they put them online for the users to download. No different than it has been. The users downloads the update and installs it in their device. I see no way that the FDA can interfere with this process. What they can and have done is stop any changes to equipment coming out of the factory. In other words if they came up with a update in software then the factory could not install it into the device because this would alter the device. They could make that update available online and let YOU alter the device. See what we are getting at here?
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So basically you’d always be forced to buy the old version but would update it at home as soon as you get it. That makes sense.
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If we’re were talking about the fda you’ve got the moron part right for sure. 
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That’s exactly what I was saying in my post above. 
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Damn, I’m outta likes 
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