I'd like to see "% days vulnerable to publicly-known vulnerabilities" as a smartphone statistic

> It is safe to assume that if it was really legally possible to get one's mobile phone replaced under the statutory warranty, at no cost to oneself, with a brand-new model after almost two years of use by pointing out security holes in the original software, nearly everyone would be doing it (no geekiness required, just get the “magic words” from your friends or off the Internet), and the manufacturers would probably be much more assiduous about pushing out firmware updates. There are certainly enough security problems to go around. The observation that this doesn't actually seem to be the case should tell us something about the viability of the approach.

The point of this action by the Consumentenbond is that we shouldn't be treating security bugs as "ok" and that they should be treated as a defect that can be considered for replacement under warranty. Since it apparently isn't clear they're asking the courts for a ruling, but if they win then you will indeed be able to return your device to be repaired or refunded. Obviously if you've been using it for two years already they only have to offer another phone with equal performance to the ones from two years ago, which is usually much cheaper.

So you wouldn't be able to use this to get free new better phones every two years, but it will mean that if your phone hasn't been updated after six months OTA then you can go back and ask to have it replaced with an equivalent model that has been updated.