Ah! I did not know that about the photon users not having issues, so I see your point about implementation at the kernel level... Interesting... At the very least it's solveable so long as somebody hops on itPerhaps.
But good kernels work wonders.
Example, the Atrix complaints I've heard are not shared by Photon users - both have the Tegra 2. In fact, most Photon users are adamant about its snappy, lag-free performance. No idea why Motorola hasn't squared that away so both models perform the same, but there it is.
I'm quite used to seeing launch day or launch week or launch month updates from HTC, so much so that I expect some out of box problems until users feedback what's wrong.
HTC still has a great update record and they do listen.
I agree that htc has a pretty good track record for fixing major issues especially on flagship devices like this. We can't really express the consumers right to bring this to their attention enough.
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