Yes, you can opt not to fly under any rules or software/firmware limitations at all, and might get away with it in out of the way, sparsely populated (non-sensitive) areas too.
But just maybe, somebody flying under these "I can do anything I want" delusions, might find themselves in an area that some hypothetical "Someone" does consider to be "sensitive". Then picture this scenario. A unmarked vehicle quietly drives up behind you, a couple of plainclothes types gets, out orders you to land your "Drone" (they may have already taken care of that task for you btw), and then you are "asked" to accompany them... If you think this can't happen, think again.
Under the current shstem actually tracking where a drone is coming drom and who it belongs too is actually quite difficult so I wouldn't be overly comcerned anout that, with this new system? Who knows.
I think a part of the problem people are having is that they fundamentally do not trust the intentions or competancy of the government, or DJI for that matter. There are people out there that want to ban drones, or at least restrict them in completely ridiculous ways that will effectively make them useless or no more than cheap toys (just look at Canada) based off of a lack of understanding and media driven paranoia (coming from the gun world I am very familiar with this), you know it, and I know it, we encounter these people all the time; many of us do not trust the government not to pander to those morons, or for some unelected unaccountable bureaucrat from just enacting restrictions on his own (again, just look at Canada) so the thought of such idiocy instantly being enforced on us by our own drones via DJI fills us with rage. Without this update we can at least theoretically decide to risk it, with this update we can't.
Again, I'll use Canada as an example, under the most literal interpretation of their new drone rules it is illegal for them to fly anywhere in the entire country (we have already thoroughly hashed this out), what if, when interpreting those new rules, DJI decided that that was indeed the correct interpretation? The whole of Canada would instantly become a no fly zone which cannot be overridden and all DJI drone users in the entire country would suddenly, without notice, warning, or consent, find that their drones, which they paid lots of money for, are now completely useless, they would just be expensive sculptures, nothing more. What is to stop something like that from happening? Nothing. What is to prevent it from happening in any other country? Nothing. For that matter, what is to stop China from deciding that drones are a threat to their national security and simply ordering DJI to enact global restrictions? Nothing. What about some international convention where the hard left anti freedom nations of the world decide that "for the common good" there needs to be global restrictions? In the US we would not be obligated to obey that if we did not ratify it, but what's to stop DJI, an international corporation, from complying? Nothing. Some of us look at possibilities like that and just assume that these dynamic NFZs are going to screw us over someday, there is a fundamental distrust of the sustem and its intentions, that is all. If NFZ updates were not automatic we would simply see the hundreds of posts from people saying that the new firmware has crippled or disabled their drone and elect not to install it, but with automatic updates we would not have that option.
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