I know this will stir debate, but let's try to shy away from that. A little about me: I am an attorney who used to race (michigan only) on M28 bindings on my school's high school team with the DIN settings cranked as high as they could go.
I understand the liability the ski shops face and that the mfg will no longer indemnify them for work on the older bindings. That is the mfg's choice and likely sells more new product. Based on my legal research, I have barely found any recalled products w/ regards to bindings (cpsc.gov). So, why is there a distinction between the "list" and the gov't's assertion that a product is harmful to consumers? If the binding was truly a defective product, the mfg would have to answer to it and bear the blame (not the shop) [There are statutes here limiting the time for defective product lawsuits, and generally you can't sue after 'x' amount of years after manufacture].
The liability against the small ski shops should mostly be irrelevant. (1) The customer usually releases ski shop buy signing agreement recognizing dangers of skiing. (2) The ski shop has or should have insurance (especially if it is owned by a resort) to cover any losses in the event of an injury. Regardless of any of the above, the shop must answer to defective mounting lawsuits even if the binding is indemnified, recalled, or perfectly normal (I'm sure shops usually do the job right, but I've seen some pics on this website too). If the shop does it's job, and the bindings are not defective, then why can't older bindings be installed and the injury fall on the skiier? (Rhetorical.) I do my own autowork because I don't necessarily trust others working on it, and I'm responsible if something within my control fails.
From my little knowledge of the interior of a binding, there is a spring, that overtime, will lose its compression.
Ok, so now that is out of the way. I'm getting my wife to ski (4 times over past 3 years). Now that we bought a house w/ a resort nearby, we'd like to go more, so we bought some used equipment to see if she could really get into it (so far she loves it, but is a beginner). Her skis are used shaped fischer 148s w/ M28 bindings and brand new nordica boots. I have some used rossi Cut 160s from early 2000s w/ M31s, used Atomic Beta Ride 9.5 boots. When I say used, this equiptment has been used once. No rust, bases have no marks, stored indoors...everything is essentially brand new.
Her feet are smaller than the original owner's. Ski shops say no to moving the bindings. The guy at the shop told me the bit and how deep to drill (I have access to a press), but that was two weeks ago and of course I didn't write the info down. Pretty sure he said 4mm or 3.5mm (not sure which one) with 9mm of depth. Any one care to chime in? (I'll indemnify the poster who provides me accurate information--There I said it--I can't sue you and as her attorney, neither can she).
I'd like to use this current setup until she is more of an intermediate skiier and buy new stuff then. So, I don't want to fork over money for new equipment this season just to have it obsolete in a few years. I plan on having the DIN check, release, retention done by the local shop...but I didn't ask if they would even do that to the older bindings.
I'll take whatever I can get from anyone who cares to chime in. Hopefully, I didn't make anyone angry.