TiVo Upgrade Isn't
creff writes: "TiVo's new software, version 2.0, disables features on recorders that do not have a subscription to their service. I would like to pose the question of ethics and legality of this move to the slashdot readers. Do they have the right to modify an item that you own? I don't remember clicking on any EULA..." Another reader submitted a long thread about this "upgrade".
I really don't have much sympathy -- even if you don't want to pay for the guide data, plugging the thing into the wall to use Tivo's dialup to access Tivo's network to sync to Tivo's NTP servers means you're using their service and therefore are going to get the upgrades and other such things, and rightly so. If you don't want to take part in the Tivo process, don't plug it into the phone jack -- Tivo doesn't owe you a free clock sync if you're not paying them to use their network.
That aside, there's a couple of options. One is that Tivo offers a 'lifetime' subscription to the guide data for a flat fee of $200. Sounds expensive, but just think of it as a full-featured Tivo for a one-time cost of $600.
Failing that, you still have your old 1.3 version on there in a separate partition. Tivo upgrades load the new OS onto an alternate root partition, then when it's successful, resets the boot sector to boot from the upgraded partition. The old one is still there, as the new 'alternate,' waiting for the next upgrade.
There's a holy MESS of information in the Tivo Hack FAQ (start at www.tivocommunity.com) about how to get a serial console on your Tivo box and change around your boot partitions as well as a bunch of other stuff. Unplug your Tivo from the wall so you don't get any MORE upgrades (therefore blowing away your 1.3), and start reading. You can get your 1.3 back, although there are all SORTS of caveats and readme's about doing a revert like that. Stop complaining and start reading and learning.
--
Calm down already, from TiVolutionary's response in the forum:
"For the record...
In our next release we are reinstating the use of the record button (the only thing that changed between 1.3 and 2.0.1 for customers who bought units that shipped with software prior to 2.0. We did not really mean to change that functionality. We do apologize for the inconvenience this caused for the time it takes to get the new software out.
In 2.5, with no service, on boxes that were purchased with a software release prior to 2.0, pressing the record button will record for 30 minutes, and then stop. Nothing else should change in the no-service-state."
Joseph Elwell.
Being heavily into the TiVo underground scene (tivo.lightn.org), I thought I'd share some information about the situation.
While I am generally a supporter of TiVo, I have to agree with this guy. TiVo stated that TiVos that upgraded from 1.3 to 2.0 would still be able to manually record shows (boxes that ship with 2.0 are limited to the 30 minute buffer period). While this was technically true, they certainly downgraded functionality that people paid for.
The one touch recording was supposedly removed because it was causing confusion since it would just automatically start recording that 30 min block. So it wasn't too useful to begin with, but certainly useful in certain situations.
I think the now playing changes are the most significant, as they represent a direct effort to remove functionality from 1.3 software.
The "nag screen" is not new. Few people on the avsforum new about it in the beginning when everyone subscribed, but when it came to people's attention, there was some heated debate, with me against TiVo. I never felt they gave an adequate responce to how having a nag screen makes the subscription to the service completely "optional."
The backdoor to the 1.3 software is known and the method to set the clock is also, although it is certainly not user friendly. Check tivo.samba.org (I think the input format is the same as the date command arguement).
Downgrading is impossible short of a complete backup of the Tivo harddrive. The database format and structure has changed and there is no easy way back. Although a lot of people did backups when they upgraded their tivo's hard drive. Just don't restore from an image from another brand or to a lesser version of software than the tivo shipped with! And some people are working on being able to do a complete drive setup on any sized disk from scratch.
There is a EULA in the manual, but I think it only applies when you subscribe to the service. The same debate about loss of functionality was made when people saw of the changes in 2.0 as negative (no matter how minor). The general consensus was that TiVo couldn't support multiple versions economically, so if you subscribed to the service you had to accept the changes in functionality that came with software upgrades. This situation is certainly less clear...
Also, it is general held that until recently (and maybe still), TiVo paid manufactures a certain amount of money for each box sold. And they certainly spend a lot to obtain each user (advertising money, check the financial reports). Most of their income comes from subscription fees. To some that just indicates a bad business model and they won't care, others might.
Yes, but much of the information is stored on a proprietary filesystem known as MFS (media file system). It's complicated by the fact the standard scripts only allow upgrades, not downgrades (hence why TiVo refused to reload the 1.3 software).
The proceedure for restoring the old software isn't easy, it's still on the disk but you need some means of accessing it. For those not familiar with the TiVO it goes something like this:
The tivo has a connector on the back for interfacing a DSS satellite system, with the addition of a null modem adapter a user can access the PROM menu and change configutation data like the kernel bootup params. The 1.3 startup scripts used to have a backdoor -- bash would be run if you added the variable shondss=true (sh on dss port) to the kernel commandline. Unfortunately that's one of the things they remove in the new software. Bugger.
Ok we'll boot the 1.3 root partition, just a change of root= right? nope. The UI is loaded on the MFS and the supporting applications on the root filesystem, mixing and matching them can cause real trouble. Ok, let's not start the UI, let's set 'runmyworld=false'.
So now we've altered the root=, added shondss=false and runmyworld=false and we finally have a bash prompt. What now? well now we have to remove the new version of the software via tivosh (a convoluted shell built around tcl).. I won't even get into that mess.
Oh.. one other thing, the database format used on the MFS partition has changed between 1.3 and 2.0. I'm not aware of how much has changed, it may only be portions used by the subscription in which case you could revert.
At any rate attempting to revert the softare would void your warranty and possibly screw up your tivo. Fun huh?
- MbM
- MbM
Compainies do this kind of thing because many people are sheep and will actually fall for bogus claims of "reserved rights" and disclaimers for things that can't legally be disclaimed. The people who belive this garbage are throwing away their rights by being dumb enough to believe that those rights don't exist, simply because A Big Corporation told them so.
My advice: Don't be one of the sheep.
Easy, automatic testing for Perl.
I'd like to post an alternative point of view to the prevailing view here.
/.).
First, allow me to establish my credentials. I am a long-time Linux hacker, an engineer, and a strong believer in freedom. I'm also the owner of a DirectTivo unit.
Now, when I purchased the DTV I knew that it would not function without two subscriptions: the DirectTV subscription and the Tivo subscription. Never the less, I bought it, and paid the price for a lifetime Tivo subscription.
The Tivo docs very clearly tell you that a Tivo without a subscription will be much less useful than one with a subscription. Tivo makes their money on the subscriptions, not the hardware (a common sight here on
Now, while I agree that it wasn't nice of Tivo to downgrade the functionality of the units in the fashion they did, their primary focus is the folks the get money from, i.e. subscribers. If this guy wanted to do things on the cheap, he should accept the responsibility for his descision.
If I buy a cell phone, it is next to useless without a service subscription of some sort. If I buy a wireline phone, it is a paperweight without a service plan from my local telco. My DSL does me no good if there's not a DSLAM at the other end of the line. We buy things that need subscriptions all the time. You should go into those purchases with your eyes wide open.
This guy didn't.
www.eFax.com are spammers
Excellent. Reminds me of the Windows/Office XP registration bogosity, where you have to get permission from MSFT to continue running the software you (most likely) paid for if you ever upgrade your motherboard or hard drive, or if BillG just feels like making you say "Uncle."
This momentous event has inspired me to coin a neologism (note 1) describing software or hardware products whose vendors exercise an inappropriate, unwarranted, and unsolicited degree of remote control over its post-purchase operation:
Tetherware.
Google doesn't find any occurrences of the term on either WWW or Usenet, so I hereby claim all proprietary IP rights to the word "tetherware" and all variants thereof on an exclusive worldwide basis.
Happily, a license to propagate this meme is available for only $1 per use, payable via PayPal to jmiles@pop.net. Use of the term "tetherware," in public or private, without remittance of the license fee will result in the remote disabling of your personal communications apparatus via techniques previously employed by Vader et al., Imperial Business Software Alliance, c. 1977.
I've even come up with a tres trendy slogan for my new invention:
"Tetherware: Where do you want to be dragged kicking and screaming today?"
(Note 1: If you don't know what a "neologism" is, see http://www.m-w.com/cgi-bin/dictionary?neologism and choose the meaning that most clearly applies.)
Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
There's a $5000 damage requirement, but you get to aggregate that over all the victims.
And trying to use such an act to sell a service may be extortion.
Note that in this case, the user did not agree to some shrink-wrap license which might be said to justify the act. He didn't subscribe to the service.
Somebody with a TiVo and this problem should file a criminal complaint.
And Tivo offering to fix the problem if you complain isn't a defense for this crime.
He had to connect to the phone to set the clock, because Tivo wouldn't let him manually set it. While connected to the phone, the unit called "home" in the middle of the night, and downloaded a new OS -- one that removed features that had existed previously, features that he had paid for.
When he bought the product he made a choice to trade a certain amount of money for certain features. Tivo, after the fact, disabled some of those features. He didn't get to unilaterally retract some of the money he paid them after they delivered his Tivo, did he? Why should they be able to unilaterally retract features?
"They're a business" is not an answer. Busineses don't get special treatment under contract law. They're just parties, like individuals are.
"Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
Sheesh. How we can complain about people taking away our rights when we seem willing to abdicate them ourselves?
The Mongrel Dogs Who Teach
From the ads I've seen, TiVo created that impression quite deliberately. As such, they should have factored the expected cost of non-subscribers into the cost of the machine. Also, through malice or incompetence, they apparently designed software that can set the clock (officially) only through a dial-in. Therefore they are automatically tying non-subscribers to their network and are obligated to support them, too.
If TiVo doesn't want to deal with non-subscribers, then they should give a fix that allows core functionality of the machine (clock set, recording, etc.) without a connection. From then on, they can refuse all calls from non-subscribers justifiably and they can cease upgrading/fixing the software of non-subscribers.
Until then, whatever legal immunities they might have, they have a moral obligation to make the devices work for all customers.
The tie-in to service is why I hesitated from getting TiVo at all. I feel vindicated. You can be sure they will never get dollar one from me now.
The Mongrel Dogs Who Teach
Now you could maybe argue that TiVo's engineers should have accounted for that case and fallen back to the old behavior so as to not break their legacy non-subscriber users. But you know, as someone who wants his TiVo service to keep running as long as possible, I can't work up all that much enthusiasm for the idea of TiVo spending engineering and QA resources supporting customers who're costing them money (they were losing money on every unit sold for a while, maybe still are, and making it back in subscription fees).
Then again, the idea of using a TiVo without the program guide is strange to me to begin with, so clearly I just don't get it. The guide is one of the nicest things about the unit; I have stopped knowing or caring exactly when most of the shows I watch are downloaded to its disk, and network schedule shuffling doesn't mess me up unless it's so last-minute that the listing service doesn't get notified. If you want to manually set your record timers, a VCR is cheaper.
Frankly, I consider the fact that the unit works at all without the service to be an unexpected bonus; the box was clearly designed and intended to be used with the service, and doing otherwise, it seems to me, is just asking for this kind of thing to happen over time.