Sending Back My Photon :'(General

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  1. shawheim_a

    shawheim_a Well-Known Member

    Well as the title states, today is D-day and the Photon is boxed up and being sent back today. I wish Motorola would just let me keep it, but I understand why they need it back. It was never meant to be sold and I was lucky enough to spend a few days getting to know the phone. All the positive responses and help that I have provided others really means a lot to me. I couldn't ask for a better group of android friends than the ones we all share on here. Thanks everyone for all the questions and comments, it really made me feel like a true geek for a few days :) So I guess now I get to play the waiting game like everyone else, let the fun begin!

    abrawner likes this.
  2. Godfather13

    Godfather13 Well-Known Member

    Sucks you have to send it back, but like you said, its was cool while it lasted and your info has helped greatly in deciding if this phone is worth getting. If you have any further contact with the reps at Moto, ask them why the phone's release has supposedly been delayed.
  3. burgertime

    burgertime Well-Known Member

    I understand why Moto is doing this, but hopefully they send you a free one to make up for it. You got them a lot of sales and excitement with your post. It probably has everything to do with agreements to entities like AOL to have the first "look"/reviews up. Makes those guys look foolish with just some random guy (no offense) on the internet getting the phone and putting it out there for everyone to see.
  4. shawheim_a

    shawheim_a Well-Known Member

    The rep I talked to through email and on the phone is the head of security and loss prevention, he told me that they can't send me a free Photon. He said I would have to wait til release day and purchase one myself. But like you said I did a lot of positive PR for them and they just don't respect that. Guess I need to go over his head to a higher power. Or maybe I should release his email address so you guys can bombard his in box with positive emails about what I did. Lol.
  5. DMC-12

    DMC-12 Active Member

    Corporate Security/Legal and Corporate PR are two separate animals. You will get nowhere with security/legal. Try contacting their PR folks.
  6. burgertime

    burgertime Well-Known Member

    I'm a social media manager and there are companies that "get it" and those that "don't" seems in this case Moto just doesn't. I understand from their perspective how difficult this is. However this paints them socially in a very negative lite not to the general public of course, but we are the people that seed their product. We are the brand ambassadors who can either create buzz or spread negativity. By offering to give you something like a free phone, or simply letting you keep the current one but having you keep quiet (which everyone would understand) they could harness our power to really help them. We would go, "Moto is awesome, and we understand where they are coming from!" they are instead taking the cold calculated corporate route....again not sending police to your house, but still rather cold.

    Look at how much bad press Apple got with the iPhone 4 debacle. Of course the difference being that Apple actually gains something by keeping things secret and the release was months away (even though they probably sold MOAR iPhones thanks to it). This is two weeks away with a company who has a wide line up of products, so I have a hard time buying that this somehow hurts the company....outside of course of arrangements with other large media entities to be the "first" to review the phone.

    The bottom line is, one day the'll do this to someone with a lot of influence in the social realm and it might hurt them. Why not kiss this guys butt and look like a company that really CARES about it's hardcore fans?
  7. Markedwards

    Markedwards Member

    I think I speak for many of us when I say we really appreciate the info you shared. I can certainly understand how you're bummed that you have to send the phone back, I would be too. But think of it this way, all you have to do is send the phone back. Chances are whoever leaked it from Moto or Sprint is looking for work right now.
  8. shawheim_a

    shawheim_a Well-Known Member

    Yeah it could be worse. i could be out of more than 350 bucks or prosecuted legally. But since I am cooperating I think it makes it a little better. And knowing that I did a good thing by posting up my mini reviews.
  9. burgertime

    burgertime Well-Known Member

    I still want to know how you can afford every new phone and only have access to a 7mp Kodak Digital Camera? :p
    Jceinc likes this.
  10. shawheim_a

    shawheim_a Well-Known Member

    I don't even own a camera! I always rely on my phone for pics. So when I posted the very first pics they were taken with my 3D. When I did the group shots I had to use a crappy 3 years old camera. And I usually find good deals on phones so I don't have to spend much money.
  11. sean76

    sean76 Well-Known Member

    Wow...they want the phone back? For what, you have already been all over the forums with that thing! So in essence, the damage is done! However they choose to go the dark evil route, and play evil empire! Whatever, I don't see the logic in asking for it back, and then not at least offering you an official realeased model. I would go over that guys head, and shoot straight for they're PR Dept. Either way, your reviews were very useful, so thank you!

    Question is....will you break down and buy an official Photon when it gets released after all this?
  12. ericdabbs

    ericdabbs Member

    Cheer up Shawn. At least you will get your money back hopefully from Motorola via Paypal. I guess ur sorta lucky since you could have been out a few hundred bucks for the phone or like you said legal problems.

    Its only less than 1 week away from launch date so its not too bad. You did the right thing of returning it back but you certainly did a good job of hyping up the photon phone. I am for sure going to be upgrading to this phone when it comes out.
  13. shawheim_a

    shawheim_a Well-Known Member

    The name is Shawheim ;-p I usually tell people to call me Sam. But Motorola already said they won't give me my money back. And I tried to do it through paypal but for some odd reason when I paid for the item I did goods and services and even left a note about what the item was, but its telling me it wasn't for goods. So I have to wait to see what to do, or try to contact the guy I bought it from, who hasn't responded since he shipped it out.
  14. pcsperson

    pcsperson Well-Known Member

    Thank for all the information and I hope you get you money money or at least some paypal credit of the same amount.
  15. RedSun

    RedSun Active Member

    bummer if yout can't reclaim lost funds through paypal.

    moto got their phone back.

    eller got the cash for the sale.

    You get left with the shaft....

    jus't aint right! :mad:
  16. reddragon72

    reddragon72 Well-Known Member

    The money is tied to someone on the other end so one way or the other he'll get his money back.
  17. KnowProblem

    KnowProblem Well-Known Member

    Yes, you need to open a dispute with Paypal as soon as possible. Unfortunately, a thief cannot convey good title so you have to give the item back though Motorola might need to prove to you using a police report that it was indeed stolen from them. If you are a member of a legal plan at work I would definitely consider contacting an attorney about this - even before you return the phone to them. I do not know how the seller represented the item you bought, but I would assume he didn't represent it as an item which was internally controlled by Motorola (and which BTW Motorola failed to protect or account for).
  18. burgertime

    burgertime Well-Known Member

    It's actually pretty smart of Moto. They also jumped in before any head to head benchmarks could get any publicity (this was probably just coincidence). They were able to give users a taste with out giving too much away. They also appease members of the media who had deals to get a "first" look and they increase excitement. The only person who really looses is shawhiem. Just from my position it leaves a bad taste in my mouth. Why not reach out and try to do something positive to put a good public spin on it? Oh well they will continue to make millions and the world will continue to spin.
    raysmitty likes this.
  19. spaulding

    spaulding Member

    Shawheim, all things considered and not to put you on the spot, but given you've owned the Evo 3D and also played with Photon, which do you prefer?

    Thanks much in advance as I really appreciate your educated opinion.
  20. shawheim_a

    shawheim_a Well-Known Member

    Over all I think I would choose the Photon. I like the size and shape of it and the way it feels in my hands better than the 3D. U feel that the screen was on par with the 3D. I like the camera and the options better than the 3D. Sense vs Blur is too close to call. They both have positives over each other. But if I was given the choice to pick one and only one, it would prob be MP4G. But that's my personal preference. I have had all of the HTC android phones Sprint offers. I just like the Photon a little more.
  21. tbhausen

    tbhausen Well-Known Member

    First, let me say I appreciate the info Shawheim was able to give us. Although I was planning to get the MP4G all along, it reinforced my decision.

    I don't mean to be the proverbial 'stick in the mud" here, but the thread title should read "Motorola's Photon", not "My Photon". Carriers mark pre-release test devices like this one for a reason, and those who posess them do so under strict NDA's. Our friendly informant could have just as easily been an agent of a competitor to Motorola, and we don't know if the software on that Photon was secure. Suppose a competitor de-constructed it? Industrial espionage is serious, serious business, and I'm not surprised the head of "security and loss prevention" got involved here. There's a lesson in this for all of us: don't sell or buy pre-release devices. The risks are too high.

    Also, as cool as the concept of "rewarding Shawheim for the good PR" seems, Motorola can't set that precedent, at least not publicly. Rewarding people who illegally posess test devices for leaking favorable reviews not only threatens security, but encourages illegal behavior. It just doesn't make sense upon careful consideration.

    Again, thanks Shawheim. Hope you get your money back and I'll be happy to see you standing tall after all this is said and done. As for the seller, if he's the one the device was originally issued to, I'd not be at all surprised if he were looking for a new job about now. If he isn't the one to whom the device was issued, Motorola will work backwards to find out how the device came to be sold.
  22. ScrapMaker

    ScrapMaker Active Member

    Honestly I do not think that Motorola can persue legal actions against you. It is more of a bullying situation. You did not knowingly buy stolen goods. In a worst-case scenario, the police would contact you to re-aquire the device, and you'd get a police report that you could present to PayPal.

    I wouldn't send it back until you get confirmation of a refund. I have talked to a few people who work on prototyping at my (Motorola-sized) company, and really the only one who can get in trouble here is the guy who sold it. His career is probably over, to be honest.
  23. Androidalltheway

    Androidalltheway Well-Known Member

    which phone gave you better reception and call quality? which offered better battery life? which was faster?
  24. shawheim_a

    shawheim_a Well-Known Member

    All that was covered in the"Just received my Photon" thread.
  25. simcha

    simcha Well-Known Member

    Absolutely yes, Motorola could prosecute. Sorry to burst people's bubbles around here but you can be charged with possession of stolen property, most likely a misdemeanor but could be brought up to a felony under the correct circumstances. Of course they would have to prove that you knew that the property was stolen, most likely, to succeed in prosecuting you.

    In this case, would a reasonable person suspect that the phone could have been stolen since it hadn't been released and it was clearly labelled on the phone "not for sale?" A prosecutor could argue this.

    Yes Motorola would have to spend more money than this would actually be worth to them in bad publicity and hassle. If they really wanted to get nasty about it, they could charge you with possession of stolen property, and the courts would determine whether or not they had a case, whether it's a misdemeanor or a felony, what if any time you would serve, and what your restitution fee would be, etc.

    I work with young people who knowingly receive stolen property often and I'm compelled to educate them about this law. My young people would be especially vulnerable if charged. You may not be as vulnerable (depending on whether or not you have a criminal record, whether or not you can afford a good lawyer, age, standing in the community, and reputation, etc.) as the young people with whom I work.

    Shawheim, you made the right decision to send it back.

    That being said, Motorola could be more gracious about this. It's not like he was selling the software or hardware to Motorola's competitors. I guess they're assuming that this could have happened and are acting accordingly.

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