The app lets users gain root
access to the
device without the need for unlocking its bootloader — which is a way
to say that malicious users could get
to the core of a OnePlus phone and install malware with ease, although they would likely need
physical access to it.
Such a function, so the Court, is already provided by the
device offered for sale by Mr Wullems (para. 38), and this function goes beyond the mere provision of
physical facilities (cf. Recital 27; e.g. the mere provision of hardware
without pre-installed software: in Rafael Hoteles the Court held that TV sets installed in hotel rooms,
to which a television signal was communicated, goes beyond the mere provision of
physical facilities because it made
access to broadcasts possible, para. 46).