Silvertag, the point I'm making is that Rogers forced the upgrade to E911-1.5 because they wanted to make sure they were legally covered (from lawsuits about the E911 issue).
Since they have taken the position that they [Rogers] are responsible for ensuring that a user's phone complies with E911, the _only_ way they can ensure this is to force all users to have the exact same ROM, or have users sign waivers. The only available 3rd option would be for Rogers to "approve" certain rooted ROMs, which they won't do.
So, now that the Magic can be rooted, and pass the radio test (potentially) thus keeping data (their only means of enforcing compliance) without signing the waiver, their whole argument for forcing the E911-1.5 ROM is shot.
Any Magic or Magic+ owner can now, potentially, have a phone with a ROM that may (note I say "may" only because Rogers can't and won't approve other ROMs) have a bug or the same bug. [see below].
Rogers' "if/then" argument is: If the potential legal threat to Rogers exists because of a potential bug in a ROM we [Rogers] cannot control, the end-user must install only our "approved" ROM, or sign the waiver.
Anything other than those two options returns Rogers to the (presumed) legal position of being responsible in the event a bug in the phone software causes a failure of the user's ability to dial 911.
Yes, I know that the 911 bug is fixed in 1.6 and beyond, but what I (or we) know to be true is irrelevant to Rogers legal team. As far as they are concerned, they have indicated that a ROM must pass their approval to be used on the network and have data. Since they are not going to approve 3rd party ROMs, that means the Rogers E911 ROMs only.
If Rogers does not move to block root again, they will then be in a position of tacitly approving of ROMs they have not approved, and which may leave them in the same perceived legal difficulty as before.
In other words... if they aren't going to block root now, they shouldn't have forced the update in the first place.
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