I don't think so. I think his claim was that the hardware phones home under the Motorola firmware, and that the EULA hadn't spelled that out clearly, and that Motorola had not been as forthright as they should or that they may even have been deceptive.
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But the OP said he was using cyanogenmod before, is he claiming that the hardware phones home even when he's not using the motorola firmware?
I don't think so. I think his claim was that the hardware phones home under the Motorola firmware, and that the EULA hadn't spelled that out clearly, and that Motorola had not been as forthright as they should or that they may even have been deceptive.