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ReplayTV 4500: No Hacking, or Else

mcglk writes "I was happy to see that SonicBlue had released its new generation of ReplayTV, the 4500. And it was $250 cheaper than the 4000. Except for that $250 one-time service activation fee. Worse is the agreement that goes along with it. Term1A basically says, No more hacking. Term1G says that they can enable or disable anything they want without notice. And Term2C says that if someone even alleges you are infringing on copyright, you can be shut down with no notice, no recourse, and there's nothing you can do about itthe agreement indemnifies them completely. I was really looking forward to getting one of these, too." Under that agreement, SonicBlue claims the right to destroy your device when you connect for updates.

355 comments

  1. Is that legal - in the Land of the Free? by linatux · · Score: 0

    ... you can be shut down with no notice, no recourse, and there's nothing you can do about it--
    Just begging for a lawsuit, surely?

    1. Re:Is that legal - in the Land of the Free? by ScottKin · · Score: 0, Flamebait

      I'm sure that the legal advisors for ReplayTV researched the indemnification limitations mentioned very thoroughly.

      So what if they have, for all intents and purposes provded a legal challenge to hardware/software hacks of their products? The kinds of hacks that are done to ReplayTV and similar devices are usually only those to allow the ILLEGAL RECEPTION of content that the end-customer hasn't PAID for (i.e. "Free" as in "Shoplifting" and "Theft"); but this seems to be nothing new to /. zealots - warez, hacking and other ILLEGAL ACTIVITIES are great bedfellows.

      Enjoy the ride!

      ScottKin

      --
      I don't give a rat's behind about "karma" here or anywhere else. Don't like what I have to say here? Deal with it!
    2. Re:Is that legal - in the Land of the Free? by Anonymous Coward · · Score: 0

      Indeed, and don't call me Surely!

  2. Bring on the whining! by ObviousGuy · · Score: 1, Troll

    Even though anyone here can easily purchase TiVo instead, I predict a flood of whiners complaining about ReplayTV.

    Of course, they are complaining that they should be allowed to steal service because they paid for a completely unrelated piece of hardware somewhere else along the line.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Bring on the whining! by Technician · · Score: 5, Insightful

      Some people purchase hardware with the intent on using it "their own way". Having your VCR (digital) under a third party's thumb is very scarey. I'll stick with a PC based solution to avoid the big brother problems. The option of subscribing to the program guide, etc. is one thing. Having the ability of a EULA enforced open back door, that can kill your hardware investment remotely, is another!

      --
      The truth shall set you free!
    2. Re:Bring on the whining! by Zathrus · · Score: 2

      Go ahead and kill my TiVo. I have it backed up. And there's nothing they can do to stop me from restoring it and then going and using 3rd party services to get program information, etc. -- at that point I consider the informal contract between myself and TiVo to have ended (and it's not so informal in my case - I have a lifetime subscription, and both my TiVo's are prior to the "you must use this with our service" clauses).

      What, you don't have your PVR backed up? You should. It's really quite easy.

      And no, there are no hardware kill switches. Or none that have been found at least - and I doubt the first generation boxes had them at all. Even if they were to tell the BIOS to kill itself, the BIOS can be replaced too.

    3. Re:Bring on the whining! by uncoveror · · Score: 1

      If consumers don't like this policy, they should not buy a replaytv. If enough consumers avoid the device, sonicblue goes belly up, and the producers of other personal video recorders won't try this crap.

      --
      The Uncoveror: It's the real news.
    4. Re:Bring on the whining! by Phokus · · Score: 0, Offtopic

      How the FUCK does this shit get an "insightful" from the mods? I swear, slashdot has really gone to the shitter. Mod me down all you like, bitches.

    5. Re:Bring on the whining! by NoMoreNicksLeft · · Score: 2

      Just buy a tivo, and never hook up the phone line. It doesn't use telepathy to contact Tivo headquarters, you know.

      And you don't have to live with crappy PC based solutions. Some day, a PC based solution will be more than powerful enough to never drop frames, glitch out, etc... but that day isn't today *or* tomorrow.

      Tivos just kick ass, and I haven't had trouble not using their guide data. Even over the 9600baud serial link, it's small enough to upload quickly (and before anyone says that I should up the baud rate, I have close to 200 ft of cat5 between the tivo and my linux server). The only thing that bothers me at all, is the third party guide utils want to suck 28 megs of html per day. Oh well, that's what my cable modem is for, I suppose.

    6. Re:Bring on the whining! by TheTrunkDr. · · Score: 1
      I'm guessing by "their own way" you mean illegal or illicit way. It seems everyone on here bitches just because everything isn't free, fact is most agreements bar you from doing illegal stuff or things that the machine wasn't intended to do. When you buy a VCR you agree not to make copies of copyrighted movies and sell them with it... now we all know you can easily wire up two VCR's and copy like crazy, the problem now is that with technology, companies can actually do something about it now.

      now I'm not saying it's wrong to save a tv show, or cut out the comercials, I think those are totally legitamate uses. I also don't think it's wrong to share a tv show with others, but if your subscription agreement with the company to not alter the hardware, well then change it and lose your subscription. Also don't break the law or lose your subsciption, simple!

      Most people probably also don't realize that they're probably trying to cover their own ass more than anything else, this agreement basically absolves them of any wrong doing in the even that people do break the law with it. Agreements aren't just to screw customers, you should probably read the agreement that comes with other things too, you might not wany any appliances in your house.

      well this will probably get moded as a troll or flamebait by ignorant, selfish people but the original poster in this thread had a very valid point, I would think the open minded people would see that.

      --

      Good things never end "eum" they end in "MANIA" or "teria"

    7. Re:Bring on the whining! by Bklyn · · Score: 1

      Lemme get this straight. You can upload (e.g. push) guide data to the TiVo and it is 100% functional without phoning home (and presumably without ever paying for a subscription)?

    8. Re:Bring on the whining! by Anonymous Coward · · Score: 0

      you are either (a) a complete idiot or (b) a troll pretending to be a compltete idiot.

      Which is it?

      You're an idiot either way, actually.

    9. Re:Bring on the whining! by Cramer · · Score: 1

      Unless they erase the flash ROM, the crypto chip, the modem data pump ROM, etc. While it would be very difficult to make it catch fire on command, it's very easy to render a tivo mostly useless. While I (and maybe you too) can replace the surface mounted ROM without damaging the tivo, most people cannot. The crypto chip is essential to the operations of the tivo software -- and more so with every new revision.

      TiVo isn't crazy enough to do any of these types of things, tho'. (Yet.)

    10. Re:Bring on the whining! by ncc74656 · · Score: 2
      When you buy a VCR you agree not to make copies of copyrighted movies and sell them with it...

      Where's the piece of paper you signed that says that? Yeah, I didn't think so...the closest thing to an "agreement" regarding the purchase of your VCR is that you gave Best Buy, Circuit City, or whoever $X and they gave you a VCR in exchange. I'm not saying that making and selling moviez is a Good Thing, but let's try to avoid distorting the truth, m'kay? The MPAA does enough of that.

      --
      20 January 2017: the End of an Error.
    11. Re:Bring on the whining! by NanoGator · · Score: 2

      "Even though anyone here can easily purchase TiVo instead, I predict a flood of whiners complaining about ReplayTV"

      Exactly! I don't know why you guys don't just go around and spend $500 every time a selfish company makes unreasonable demands!

      --
      "Derp de derp."
    12. Re:Bring on the whining! by walt-sjc · · Score: 2

      Questions: Will the average consumer know about the policy BEFORE they buy? Is the policy on the OUTSIDE of the box, or do you only find out once you open it? What about companies like Circuit City where you buy on the floor from a salesdroid and don't even see the box until you pick it up at the front? Is there a separate contract you sign?

      Hmm.

      Like shrink wrap license terms on software, it will be interesting if this is challenged in court.

    13. Re:Bring on the whining! by NoMoreNicksLeft · · Score: 2

      Yeh, though it's taken me a little while (almost 3 weeks). And I don't like the perl script I found to do it, 28 megs per day is just ridiculous (though I don't think it could ever be more than that, set it up for 4 channels or all 80, still 28 megs).

      The Tivo has 4 serial ports, 3 of which are available to the user (4th is some kind of debug port, internal maybe?). The first is the 56k modem, which would be hard as hell to use, but is still available (just lots of processes to get in the way). The second is an IR blaster infrared remote interface. The third is a regular serial port, with an RCA stereo type plug (made my own cable for $3 from ratshack). Getting a bash prompt on the serial was easy, a ppp link a bit harder. You could concievably do alot of stuff with this...

      For instance, my universal remote won't speak tivo, and I don't like having 2 remotes. I plan on trying to get the tivo to understand the universal remote (which will think it's talking to a VCR). No progress on that yet.

      I plan on installing ethernet, and backing up to a huge raid5 array I'm building. Why install internal drives? Besides, this way I can just barely fit an episode of the Simpsons on a single CD, minus commercials. Or stream it to any of the computers in the house (like the I-Opener that folds up underneat my kitchen cabinet).

      And then, the coup de grace if I can manage it. Automatic commercial clipping. Here's how I think it will work... whenever I push a button on the remote, Tivo will know that I've spotted a commercial... and it will go back through up to 30 seconds or so, looking for the blank transition screen. When it finds it, it then forwards to the first frame that actually shows a picture, and hashes it. It stores this hash in a database afterward, and whenever it sees a blank transition screen, starts comparing... if it sees that commercial again, it just blanks it out until over. Hell, maybe I'll get a clip of the Monty Python Holy Grail intercession, and play that instead. Or just a still picture of a Tivo with a bloody axe, hacking a marketdroid to death...

      Could even compare databases with other people, and distribute the work, to catch commercials more quickly.

      And never forget, it's more reliable than PC based stuff, at least for the next few years. There are some things that a generic PC does well, but this is just one thing I think is perfect for a dedicated device (even if PC's do become robust enough).

    14. Re:Bring on the whining! by Anonymous Coward · · Score: 0

      What the hell are you talking, about TIVO is so totally against any real form of freedom with their devices that I bought a Replay. TIVO has stated point blank that they will do whatever they can both legally and programatically to prevent people from extracting video and doing pretty much anything they don't like. At least SonicBlue doesn't go around kissing the ass of every TV Studio who claims that we are stealing TV when VCR's have been around for 20 years. HBO and those other channels don't like the fact that you can record a video tape and lend it to your friend either but I don't hear you guys saying that HBO should sue you for it.

      Jesus you people need to wake up and realize when your rights are being taken away. Last time it was napster, when people simply wanted the easiest way to get music (people would have paid 9.95 a month) for the service as it was. Now they are going after TV, whats next? Buy up the contracts for sidewalk repair and maintenance and charge you a toll for using them?

      wake up people.

    15. Re:Bring on the whining! by IMarvinTPA · · Score: 1

      Maybe they're investing in those flash-bulb sensitive explosive nano-tubes?

      Andy

    16. Re:Bring on the whining! by Anonymous Coward · · Score: 0

      How dare they even think they have the right to destroy property I've purchased. Does General Motors have the right to destroy my car next time I drive 100mph thru the backroads of NY--I don't think so!

      Prediction---if enough people read the EULA, few sales....otherwise, either it's just tough talk, or class-action lawsuit ahead.

    17. Re:Bring on the whining! by uncoveror · · Score: 1

      That's a good point. I bet that they are not warned on the outside of the box I hope enough consumers take the damn thing back if this is the case that retailers stop carrying it.

      --
      The Uncoveror: It's the real news.
    18. Re:Bring on the whining! by marc987 · · Score: 0
      Youre link "Why bother with the Palestinians?" states in an effort to explain world suffering:

      "It's just the way these places are. They can't handle modernity, for some cultural reason we don't understand and can't do anything about."

      Let me count the ways this statement is blind, illogical and unproductive

    19. Re:Bring on the whining! by Technician · · Score: 2

      I'm guessing by "their own way" you mean illegal or illicit way.
      Sometimes some agreements and intended uses cross paths. For instance after having a copy of MS Office shred itself in a 52X CD on instalation, (legal install BTW), I finished the install from a burned copy of the same software from another machine. By the agreement installing from a backup for another machine is a big No-No as I haven't uninstalled it from the other machine. I have the original scratched (unreturnable) original which I tried to install from to prove one copy per machine, but the install by defination is illegal.
      I also have a few copies of software picked up at the local Goodwill. These are marked For distribution with a new machine only. I also picked up a USED laptop without the books and disks. I have found original copies with Certificate of Authenticity of OEM Windows 95 and Office 97 Small business edition. Buying all the pieces to assemble the complete system including the software should not be illegal, but it is. Buying the software media seprately should not have been illegal. So by who's deffinetion do you decide whether I have pirated the software. I feel I bought it legaly. It is on original media. I have a sales receipt and Certificate. I feel I have done nothing wrong. I found the missing parts of my laptop and bought them, not stolen them. The BSA and EULA state otherwise.
      So AM I A THIEF?
      I do use Right of First Sale software. I assume it has no support and use it with the understanding as Used Part is sold As Is. I should post as AC as the BSA may read /. and think easy target.
      Just to reduce exposure to Legal action, I am migrating to open source.

      --
      The truth shall set you free!
  3. TiVo by jkeegan · · Score: 0

    Man, I love my TiVo!

    --

    ..Jeff Keegan
    seven syllables explain TiVo: kee gan dot org slash ti vo
  4. computer geeks = target market or no? by Kargan · · Score: 2, Interesting

    I would think so, but to turn around and try to apply all these restrictions implies a fundamental lack of understanding of what computer geeks do!

    Or, a complete understanding, and overly restrictive agreements to try and somehow compensate?

    --
    Palaces, barricades, threats, meet promises
    1. Re:computer geeks = target market or no? by rmadmin · · Score: 1

      Ehm.. Dude.. Even if we ARE the target market, the big wigs don't agree. For instance. I told my boss what I'd like to see us do in the marketting department for our Webhosting company. And he laughed, and said: "Yeah, but your a geek, the customers aren't". Excuse me? Score -5 Insult. I'm a geek? Who the hell you think researches webhosting companies before the corperate big wigs see them... THE GEEKS.

      Ok.. enough babbling.. Point is, The money holders won't see geeks as a target market, even if we are the primary market. Too bad for them I guess.

    2. Re:computer geeks = target market or no? by Anonymous Coward · · Score: 0

      Agreed... Mod this buddy up...

      Here's another fact... Geeks design many of the systems, so when the marketing and sales guys are scratching their heads and saying WTF...

      We smile deep down and say... FU Back for all those years of abuse...

      Nothing makes me happier then watching the dick who beat me up in grade school beating the shit out of his 12:00 blinking VCR...

      He made my life hell in grade school... Now geeks will make his life hell for life... I think that's a pretty good swap.

  5. DirecTV Tivo's - Fully hackable! by Anonymous Coward · · Score: 0

    Good think I have my fully hacked DirecTV Tivo's where I can grab all the content I want of of them with now quality loss (Check out the forums at dealdatabase to see how)

  6. Shame by johnburton · · Score: 2

    Just when personal video recorders were starting to look good they do this. And tivo (in the UK at least) have decided that they, not you control what you record. Are there no honest companies left out there who just want to make their money by selling a good product, and not by trying to exploit their customers in some underhanded way?

    --
    Sig is taking a break!
    1. Re:Shame by Dionysus · · Score: 1
      Are there no honest companies left out there who just want to make their money by selling a good product, and not by trying to exploit their customers in some underhanded way?


      Yes, there are. The reasons you haven't heard from them are because they're usually gone within the year. But hey, feel free to start your own company.

      --
      Je ne parle pas francais.
    2. Re:Shame by Anonymous Coward · · Score: 0


      No successful ones, no.

    3. Re:Shame by fuzzybunny · · Score: 0, Redundant


      There are, indeed.


      However, they are vastly outnumbered by customers who prefer to whine about products and their "rights" instead of doing the only right thing--voting with your wallet, and letting the offending companies know about it.


      You have no "right" to get what you want from a company (barring them meeting contractual obligations, of course.) The only right you have is to avoid said company if you disagree with their terms.


      You as an individual customer will not change the world, or a company's policy, but it's masses of individual consumers (or not-consumers, in this case) which show corporations that, given the conditions they attempt to set, they lose potential revenue.


      So, quit whining, and start not-consuming. Anyway, it's a nice day outside.

      --
      Cole's Law: Thinly sliced cabbage
    4. Re:Shame by Anonymous Coward · · Score: 0
      tivo (in the UK at least) have decided that they, not you control what you record.
      Classic FUD. Lunatic, demonstrably untrue, "black helicopter" style claims such as this are why no consumer takes the claims of useless nerds seriously.
    5. Re:Shame by gilroy · · Score: 2
      Blockquoth the poster:

      Yes, there are. The reasons you haven't heard from them are because they're usually gone within the year.

      Of course, it's true that

      Statistics indicate that 80% of all new businesses fail within three to
      five years.

      (InterOffice Memo, emphasis added)


      In other words, it's not obvious that nice businesses fail because they're nice. They might fail just because new businesses fail. Likewise, rotten companies get more press and more attention, but that doesn't (necessarily) mean there are more of them or that their rottenness enhances their survivability.

    6. Re:Shame by Graspee_Leemoor · · Score: 2

      It's funny that in the UK all the ads for SKY+ feature Joe Average and his family stealing a sky+ box from a X-Files style bunch of black-clad people who chase them in black cars and helicopters.

      The idea is to make the sky+ system seem like an alien technology that must not fall into the public's hands but I found it funny for other reasons.

      graspee

    7. Re:Shame by Ethrian · · Score: 1

      Right! Don't like it? Don't buy it.

      --
      For the Source is my ally, and a powerful ally it is.
    8. Re:Shame by McSpew · · Score: 2

      ...tivo (in the UK at least) have decided that they, not you control what you record...

      Oh, for Pete's sake!

      Have you not bothered to read what actually happened with the UK TiVos? There is space on TiVos reserved for sponsored content. TiVo will record that sponsored content to the reserved space on your TiVo if and only if you have nothing else already scheduled to record during that time.

      You can ignore the sponsored content quite easily and it goes away by itself after a few days. Honestly, if that's as intrusive as TiVo gets, it's a tradeoff I'm more than willing to make in order to get my PVR fix.

    9. Re:Shame by dubl-u · · Score: 2

      In other words, it's not obvious that nice businesses fail because they're nice.

      This is very true. Look at Newman's Own, Paul Newman's food company, which gives 100% of its profits to charity.

      But I'd bet that it is an additional risk factor. If your only question about an activity is "does it increase profits?" that's easier to sort out than "will this increase profits in a way that fits with our mission statement?"

      On average, non-profits that I've dealt with seem much more chaotic than for-profits of the same size. I'm sure there are many factors, but the snarling dogs of capitalism provide a whole lotta discipline.

    10. Re:Shame by Amazing+Quantum+Man · · Score: 2

      I don't think that Newman's is a good example. Note that it specifically says "profits", not "gross".

      Newman's, being privately owned by Newman himself, doesn't have to worry about shareholders bitching about the "give all profits to charity". He's independently wealthy and probably gets a hell of a tax write-off as well.

      Don't get me wrong, I think it's a Good Thing(tm) that he's doing. But it's not a valid business example.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  7. Scary by radsoft · · Score: 1

    This is very scary. It's vendors taking out UCITA in advance. They have all made up their minds that they can do this, and they are going ahead full steam. Grass roots, people - beat the fields, flush the snakes out now.

    --
    radsoft.net
  8. Does not comply by dybdahl · · Score: 4, Informative

    That kind of enduser agreements does not comply with the consumer protection laws of most countries and are therefore not legal.

    1. Re:Does not comply by Anonymous Coward · · Score: 0

      Most countries? What the fuck are you talking about? Just how many countries do you think have a ReplayTV service?

      Without the service it's just a hard disk VCR. Service is what you get when you accept the ReplayTV agreement, and what makes them so useful.

    2. Re:Does not comply by Anonymous Coward · · Score: 0

      Same goes for shrink wrap licenses, but that doesn't stop companies from using them.

  9. Overreaction by spullara · · Score: 5, Informative

    These terms are identical to those terms that are present within the Tivo service license agreement. I think you can expect terms like this from whomever you get your PVR service from. They are here to Cover Their A$$. You can find more information about Tivo's license here:

    Tivo's Service Agreement

    --
    "If I can see farther it is because I am surrounded by dwarves." -- Murray Gell-Mann
    1. Re:Overreaction by Anonymous Coward · · Score: 0

      I don't see any terms in TiVo's agreement dealing with remotely disabling the systems, etc. Also, the TiVo license doesn't stop you from doings things to your software. Compare it with this ReplayTV license excerpt: "Except and only to the extent permitted by applicable law and this Agreement, you may not copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, assign, transfer, or create derivative works from the software. You acknowledge and agree that any unauthorized use, transfer, sublicensing or disclosure of the software may cause irreparable injury to ReplayTV, and under such circumstances, ReplayTV shall be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief." Btw, ReplayTV seems to be using "Moronic" Microsoft Charsets. (www.demoronizer.com)

    2. Re:Overreaction by spullara · · Score: 2, Informative

      Hmmm, then I am pretty sure you didn't read the agreement, for instance:

      TiVo retains the absolute right to immediately suspend or terminate your account, and terminate this agreement, if the charges to your credit card for the fees described in the "Subscription Fees and Payment Authorization" paragraph above are refused for any reason, if you breach any provision in this agreement, if you misuse the TiVo Service, and/ or if you alter the Recorder or use the TiVo Service in such a manner as to infringe upon the intellectual property rights of TiVo or any third party.

      and

      Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the authorized product or software of this system is strictly prohibited.

      and

      You may access and use the TiVo Service only with a product authorized to receive the TiVo Service and you agree not to tamper with or otherwise modify the authorized product.

      and

      TiVo may, at its discretion, from time to time change, add or remove features of the TiVo Service

      IANAL, but I think it is fair to say that these terms are exactly the same.

      --
      "If I can see farther it is because I am surrounded by dwarves." -- Murray Gell-Mann
    3. Re:Overreaction by _Sprocket_ · · Score: 2, Insightful


      These terms are identical to those terms that are present within the Tivo service license agreement.


      Well, no, they aren't. But lets just say they are for the sake of argument.


      Just because an industry decides to go in a certain direction, it doesn't mean it is good for consumers. Alerting consumers to less-than-favorable policies is the first step to putting pressures on companies (and the industry) to change those policies.


      Granted, consumers have to give a damn. In most consumer markets, issues like this are lost on the masses of that market. However, PVRs still remain an early-adopter market. Early adopters tend to be more tech-savvy and an issue like this may register to that market.

    4. Re:Overreaction by Anonymous Coward · · Score: 2, Insightful

      Once again /. readers look at the issue backwards. WHY do you think a business is even remotely concerned with what is good for consumers? Why should they be? Do you want the whole world to be looking out for you? Oh no, you can't have a car that goes too fast, you might crash! You can't have inline skates, people have broken bones with those! You can't have a home loan because it would be unfair to make you pay interest!

      Consumers don't have to do anything. Especially they don't have to buy a product they don't like, or agree to terms they find unfair. But if they accept an agreement without bothering to read it they are just plain stupid and deserve what happens.

      On the other hand, Sonic blue can ask you to agree to anything they fucking like. If they make money out of it they'll keep doing it.

    5. Re:Overreaction by Gleef · · Score: 5, Insightful

      Anonymous Coward:

      Once again /. readers look at the issue backwards. WHY do you think a business is even remotely concerned with what is good for consumers?
      Why should they be?


      Because healthy, happy, non-screwed-over customers:
      * Buy more products and services from them in the future; and
      * Tell their friends and acquaintances how great the company is, and encourage other people to become customers; and
      * Don't involve the company in expensive lawsuits.
      Well-run businesses that take the long-term view realize this and treat their customers with respect. After all, the customers are the people who are feeding them.

      The trouble is, poorly run businesses are rampant, and almost nobody cares what they're doing 20 years from now. Most companies don't seem to look much farther than next year (many no farther than next quarter).

      Do you want the whole world to be looking out for you? Oh no, you can't have a car that goes too fast, you might crash! You can't have inline skates, people have broken bones with those!

      This is off-topic fluff, we're not talking about laws designed to "protect" you whether you like it or not, we're talking about a company reserving the right to screw their customers royally, taking their money and withholding service, and hiding this fact in the fine print of a contract they expect less than 5% of their market to read.

      You can't have a home loan because it would be unfair to make you pay interest!

      This one is actually on topic. Many strict Christian (and I assume other religions) sects consider Usury (the charging of interest) to be a sin. In the early days of the US, many of the northeast states had laws written by strict Christian fundamentalists, and it was actually illegal to loan money for interest. As the population became less fundimentalist, the people made a conscious decision to allow limited Usury (there still are limits on how much interest can be charged) for the practical consideration of having a market for loans.

      Consumers don't have to do anything. Especially they don't have to buy a product they don't like, or agree to terms they find unfair. But if they accept an agreement without bothering to read it they are just plain stupid and deserve what happens.

      People have been conditioned (I suspect deliberately) to not read boilerplate contracts. They are long, hard to read, and often oddly worded to make them more confusing. More and more often lately, most people only have access to read the contract after they have already paid their money.

      While this contract is actually accessible online, most consumers won't even see it until after they've already shelled out $450 for the product. Not agreeing to it means they will have to return their product, something that is anywhere from annoying to impossible depending on the circumstances.

      On the other hand, Sonic blue can ask you to agree to anything they fucking like. If they make money out of it they'll keep doing it.

      Actually, they can't. There are laws limiting what can be agreed to in contracts. In most states, there are laws further limiting what can be "agreed" to in a non-negotiated contract (such as a boilerplate terms of service). I am not a lawyer, but I suspect if they use this agreement to disable the device of a New York State customer within 90 days of the customer purchasing the product, they will be in violation of NYS law.

      --

      ----
      Open mind, insert foot.
    6. Re:Overreaction by Anonymous Coward · · Score: 0

      Everything you have said is negated by this:

      If they make money out of it they will keep doing it.

      end of argument.

    7. Re:Overreaction by jjo · · Score: 3, Interesting

      I'm sorry, but I didn't see the part of the TiVo agreement that makes the mere allegation of copyright infringement grounds for immediate termination (as the SonicBlue agreement does).

      Without this, the TiVo agreement is not 'identical'.

    8. Re:Overreaction by Anonymous Coward · · Score: 0

      Tell that to the movie and music industries. They seem to have forgotten.

    9. Re:Overreaction by cybercuzco · · Score: 2
      (there still are limits on how much interest can be charged)

      Except in Delaware, which has No Usury laws. Which is why there are alot of banks and credit card companies based in delaware.

      --

    10. Re:Overreaction by Anonymous Coward · · Score: 0
      You can't have a home loan because it would be unfair to make you pay interest!

      This one is actually on topic.

      WHAT? How the fuck is that "on topic?!" Just because YOU want to talk about it or have an opinion about it??? There isn't ANY fucking connection between Replay and usury.
    11. Re:Overreaction by Anonymous Coward · · Score: 0

      Very interesting link for those interested in Islam and business. Can you imagine living in America with ever paying or recieving interest?

    12. Re:Overreaction by Gleef · · Score: 2

      Sorry, I posted too early in the morning as I was rushing and I left out the bit tying them together. Both the outcry over this contract and the historic outcry over Usury are people upset over a contract term they consider morally wrong. In the Usury case, it was against their religion, in this case there is an expectation that if you pay for something, you actually get it, and they don't take it away from you. Discussing the morality of the contract, and comparing it to another "morality of the contract" issue is on-topic, in my opinion.

      There would be far less outcry if they were just talking about stopping the service if they didn't like you (assuming these boxes are useful without the service), but they are reserving the right to actively disable the box that you spent at least $450 to own. I consider this immoral.

      --

      ----
      Open mind, insert foot.
    13. Re:Overreaction by beleg777 · · Score: 1

      WHY do you think a business is even remotely concerned with what is good for consumers?

      Call me an idealist, but I think that people shouldn't act like assholes. And something a lot of people seem to forget, businesses are made up of people.

      As a human, I expect a certain amount of respect from other humans. It's perfectly within their rights to deny me that respect, but I see no reason to respect them at all if they do.

      --

      Science may someday discover what faith has always known.
    14. Re:Overreaction by Anonymous Coward · · Score: 0

      "In the early days of the US, many of the northeast states had laws written by strict Christian fundamentalists..." Actually that would have been impossible, since the term "fundamentalist" springs from a set of 4 books written between 1900 and 1910 called "The Fundamentals" and were a challenge to what was then called liberalism and "Higher Criticism". So while the framers of the early laws may have held to certain Judeo-Christian values drawn from the Bible, they could not be called "fundamentalist". Sorry for the rant, but that term is being used so loosly over the past couple of years it has nearly lost all meaning. As for the topic at hand, if you can't afford to lose your ReplayTV at Sonic Blue's discretion, simply don't buy one. Roll your own and be done with it. You could probably even find some "cute" little project box on eBay to house it all.

    15. Re:Overreaction by l1gunman · · Score: 1

      Close, but not quite. Usury is the act or practice of lending money at excessive, exorbitant or (possibly) illegal interest rates. (Some credit card rates surely seem to fit that description.)

      The sects you describe are fringe, at best, and could hardly be considered as "many". Any Christian organization of which I have been a part has encouraged saving (hence earned interest) and the appropriate use of loans within reason (bought a home lately?). Where they do admonish people to be careful is in the case of frivolous loans beyond people's means, credit for instantaneous gratification and the excess (usury) interest paid to credit card companies as a result.

      Anything falling outside of that range would be, I admit, preaching-turned-to-meddling.

    16. Re:Overreaction by Anonymous Coward · · Score: 0

      Hey censors - if you don't want to see it, don't look.

      If you don't like usury, don't borrow money.

      If you don't like the agreement, return your ReplayTV.

      Are you deliberately being stupid? So you don't like the fact that they can "actively disable the box that you spent at least $450 to own" - then WHY THE FUCK DID YOU SPEND $450!!! You IDIOT! Who FORCED you to buy, and keep, a ReplayTV!

      Your morals are no basis for forcing anyone to offer you a contract that you like.

    17. Re:Overreaction by ChaosDiscordSimple · · Score: 4, Informative
      These terms are identical to those terms that are present within the Tivo service license agreement.

      They most certainly are not identical. Tivo makes no restrictions on hacking the hardware, ReplayTV does. Also, while Tivo can cancel my service if I actually infringe someone's copyright, with ReplayTV, Sonicblue can cancel my service if I am "alleged to infringe." Tivo's license agreement isn't perfect, but it has limits and yields the customer some reasonable freedom.

    18. Re:Overreaction by AxelBoldt · · Score: 2
      If they make money out of it they'll keep doing it.

      The point of publicizing their license agreement, in case you hadn't noticed, is precisely to prevent this from happening.

    19. Re:Overreaction by Nightpaw · · Score: 2

      Because healthy, happy, non-screwed-over customers:
      ...
      * Don't involve the company in expensive lawsuits.


      Someone will always sue.

    20. Re:Overreaction by dcgaber · · Score: 2

      Deleware also has no corporation taxes. That is why many businesses are incorporated there.

    21. Re:Overreaction by Anonymous Coward · · Score: 0

      Because healthy, happy, non-screwed-over customers:
      * Buy more products and services from them in the future; and
      * Tell their friends and acquaintances how great the company is, and encourage other people to become customers; and
      * Don't involve the company in expensive lawsuits.


      This is a common myth. Regardless of health or happiness levels, it has been shown time and time again that the vast majority of (American) consumers:
      * Shop for price and are easily conned by 'safe' and 'convenient' features
      * Tell their friends where the good deals are
      * Can't muster up enough energy to put down a bag or Doritos, let alone participate in a lawsuit.

      In short, if a consumer reads/hears a constant barrage of ads by "Verisign", for example, that says "You're safe with us. We care about you. We power the Internet." (All the while, practicing horrible and deceptive business.) Then nine times out of ten, that's where the consumer spending and financial investments go.

      Well-run businesses that take the long-term view realize this and treat their customers with respect. After all, the customers are the people who are feeding them.

      You just signed up for Business 101, right? It shows. The 'best', most compassionate companies do respect their consumers. However, many 'decent' companies go under with barely a whimper. And when you've got shareholders (ie, you and me and our fund managers) screaming for profit or growth, then the board (and hence, the executive) have little choice but to steam ever forward in search of the quick profits and/or growth for the next quarter or else be out of a job. Much like politics, you're remembered for what you did just before election time. Politicians can't buy into 10- or 20- or 50- years plans that are good for the country and not for their careers and lifestyle. Likewise, a board and executives are generally going to be scared to show the faith and follow a long term plan because shareholders are fickle and as they come and go, it gets harder to explain why a company is at the bottom of its sector while all its competitors are showing great profit and/or growth thru short-term business tactics.

      I'm not saying this is 'Good'. I just believe the forces I see at work are very easily explained by human laziness, fear, and greed. Lazy consumers. Fear of the pace of change. And Greed by business owners.

    22. Re:Overreaction by Gleef · · Score: 3

      Anonymous Coward wrote/flamed:

      If you don't like usury, don't borrow money.

      Actually, those who are religiously opposed to Usury can't receive interest either, which makes it very difficult for them to get bank accounts, but that's a tangent.

      If you don't like the agreement, return your ReplayTV.

      Returns are at best annoying, at worst they can be impossible, depending on the store and where you live. Some stores in some states won't accept returns except under very specific circumstances, and "not liking the service agreement" isn't one of them.

      Are you deliberately being stupid? So you don't like the fact that they can "actively disable the box that you spent at least $450 to own" - then WHY THE FUCK DID YOU SPEND $450!!! You IDIOT! Who FORCED you to buy, and keep, a ReplayTV!

      I am more familiar with Tivo than ReplayTV, I am assuming ReplayTV is similar enough for my argument to make sense. If I go to the store to buy a Tivo, I have a very useful and flexible digital recording device, if I pay for the Tivo service then my digital recording device also knows alot about upcoming shows. If I cancel my service, I still have a useful device it just doesn't know about upcoming shows anymore.

      My limited understanding is that older ReplayTV boxes are the same way. This new box with the new service agreement has the added "feature" of, if someone accuses me of copyright infringment, then with no due process I not only have no service, but they've made my device not work as well, no refund. No actual infringement is necessary, just someone accusing you of breaking a civil law against someone unaffiliated with ReplayTV.

      My cable provider has no right to destroy my TV, my "Digital TV Guide" provider has no right to destroy my digital recorder. A non-negotiated contract should not be sufficient to give them that right.

      Your morals are no basis for forcing anyone to offer you a contract that you like.

      My morals are a basis for what I will and won't accept, which is the whole basis of a contract. My morals are also one of the guides I use in deciding which laws I do and don't support.

      While Contract Law has a great deal of breadth and power, it is not limitless. This is a Contract of Adhesion (i.e. no negotiation has taken place), and the power of such contracts is even more limited. I feel it is (or if not, it ought to be) Unconscionablefor such a contract, where I am merely purchasing a service, to give someone the right to damage or destroy my property. Actual negotiation for mutually agreeable terms is required before I can accept that I have agreed to give someone the right to destroy my property.

      --

      ----
      Open mind, insert foot.
    23. Re:Overreaction by Gleef · · Score: 2

      Anonymous Coward wrote:

      This is a common myth. Regardless of health or happiness levels, it has been shown time and time again that the vast majority of (American) consumers:
      * Shop for price and are easily conned by 'safe' and 'convenient' features
      * Tell their friends where the good deals are


      I disagree partially. My (admitedly anecdotal experience) is that I have seen a great deal of brand loyalty to brands that have proven themselves to a consumer's satisfaction, and I've seen this brand loyalty override both price and competitors advertisements. It is tricky to do this, since "to a consumer's satisfaction" is different for each and every consumer, but offering a good product at a fair price and not screwing the customer over is a healthy start towards this path.

      When a consumer is in a market where they haven't developed any brand loyalty, you are completely right, most consumers choose on the basis of price and half remembered lies from advertisements.

      * Can't muster up enough energy to put down a bag or Doritos, let alone participate in a lawsuit.

      This is America we're talking about here, land of the lawyers. If your typical American is merely annoyed, sure, Doritos not torts. If he's a little more than annoyed, he'll say "sure" when the lawyer calls to ask if he wants to be in on the juicy class action suit (which will end with the company paying $10 million, the lawyer getting $5 million and the actual people getting $2.13 each). It doesn't take much more beyond that point for someone to call a lawyer and ask how much they can get from the bastard company with deep pockets. Sure, not everyone is going to do this, but it doesn't take very many lawsuits to destroy the profits from a product.

      You just signed up for Business 101, right? It shows.

      Nope, computer programmer, no formal business education. But I've observed that a business doesn't have to be slimey to succeed.

      The 'best', most compassionate companies do respect their consumers. However, many 'decent' companies go under with barely a whimper.

      Yes, and so do many slimey ones. 95% of new business fail from what I've heard.

      And when you've got shareholders (ie, you and me and our fund managers) screaming for profit or growth, then the board (and hence, the executive) have little choice but to steam ever forward in search of the quick profits and/or growth for the next quarter or else be out of a job.

      Yes, this happens far far too often. This doesn't excuse a company for screwing their customers in a way that doesn't result in quick profits and growth. Disabling peoples boxes will generate ill-will and lost sales.

      Much like politics, you're remembered for what you did just before election time. Politicians can't buy into 10- or 20- or 50- years plans that are good for the country and not for their careers and lifestyle.

      I'm not talking about good for the country, that's a lot to ask out of a corporation, even for an idealist like me. I'd like good for the company and their customers. I'll settle for good for the company and not bad for their customers. Good for the company and bad for the customers is parasitic and bad but understandible.

      The ReplayTV thing strikes me as potentially bad for both the company and their customers, and that's just stupid. Not to blow this out of proportion, in this case we're talking about them reserving the right to do something stupid, they haven't actually done it, but still.

      So yeah, I mostly agree with you, the greed and stupitidy is par for the course given the current crop of laws and people. I just don't feel it is necessary given the current crop of laws and people. Since I think we both feel it's not 'Good', I try to nudge a little bit of laziness away when I can, and suggest that long-term greed is more productive than short-term greed.

      --

      ----
      Open mind, insert foot.
    24. Re:Overreaction by Danse · · Score: 2

      Two things. First, Tivo does not seem to claim the right to make changes to your hardware without your consent, only to the services offered. Second, they don't seem to claim that they will shut you down due to the mere allegation that you are infringing on someone's copyright. Those are substantial differences.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    25. Re:Overreaction by milo_Gwalthny · · Score: 1

      Well, you seem to have forgotten the Decree of Gratian, a canonical law enacted in 1140AD that forbade the charging of interest. This decree was generally accepted as Church law (the Catholic church, that is.) As the Catholic church was the universal one in Western Europe at the time, this was pretty much a blanket prohibition. Curiously, this rule was not applied to Jews, probably because forbidding interest entirely would have made money-lending impractical which would have had dire consequences for many kings, princes and merchants.

      Luther also condemned charging interest although Calvin permitted it (but he did bar interest charged to the needy, which has some support from the Bible - Luke VI, 34-35.)

      The Catholic church, at least, later acknowledged that interest was allowable, sometime in the early to mid 19th century.

      --
      Milo
    26. Re:Overreaction by milo_Gwalthny · · Score: 2

      Actually, Delaware does have corporation taxes. In fact, the corporation taxes on the 300,000 companies that are incorporated there mean that there is no sales tax. Companies incorporate in Delaware because the corporation law there is very favorable and the chancery courts (courts that deal with corporate matters) are knowledgable and relatively speedy.

      --
      Milo
    27. Re:Overreaction by Anonymous Coward · · Score: 0

      Christians must be the stupidest religious sect in the entire world. Fuck you, Jesus.

    28. Re:Overreaction by milo_Gwalthny · · Score: 2

      In short, if a consumer reads/hears a constant barrage of ads ... Then nine times out of ten, that's where the consumer spending and financial investments go.

      In the advertising business they have an old saying: "Good advertising kills bad products faster than bad advertising."

      Advertising, in general, is meant to get someone to try something or to remember to buy again if they liked the product. Advertising can't make bad products good, and word of mouth is much stronger than a TV ad (thus the mostly unsuccessful attempts at "grass-roots" marketing.)

      In support I cite the Pets.com sock puppet and the Taco Bell chihuahua, two of the best advertising campaigns of the '90s from every point of view except sales of products. Nothing would have sold those products, not because of bad advertising, but because they were bad products.

      --
      Milo
    29. Re:Overreaction by Anonymous Coward · · Score: 0

      I am assuming ReplayTV is similar enough for my argument to make sense.

      Tut tut, you should have made it clear that you were engaging in intellectual masturbation without posessing facts...

      My morals are a basis for what I will and won't accept

      because your morals tell us that you don't have an issue with this anyway. You would just return it.

      And if you didn't bother to find a retailer that accepts returns... well there's a limit to how drool-proof this whole process can get.

    30. Re:Overreaction by jafac · · Score: 2

      Because healthy, happy, non-screwed-over customers:
      * Buy more products and services from them in the future; and
      * Tell their friends and acquaintances how great the company is, and encourage other people to become customers; and
      * Don't involve the company in expensive lawsuits.


      * Fight wars to protect businesses from those evil, evil communists. Come on, people gave their LIVES to protect this shit, and this is how they repay us?

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    31. Re:Overreaction by hawk · · Score: 2
      >Companies incorporate in Delaware because the
      >corporation law there is very favorable and the
      >chancery courts (courts that deal with corporate >matters) are knowledgable and relatively speedy.


      Also, because they don't know that Nevada's law is even more friendly to corporations (or at least to the directors :), while eliminating the corporate tax entirely (OK, you pay a few bucks each year to file your list of 3 officers and director(s).


      hawk, esq.

    32. Re:Overreaction by milo_Gwalthny · · Score: 2

      Nevada is like the Bermuda of the US, tax-wise :-). I think it must be Delaware's longer history of corporate friendliness that gives the lawyers comfort. Interestingly, there was an article in the WSJ yesterday noting that Delaware judges were starting to backslide a bit in their race to the bottom.

      My company once had a subsidiary incorporated in Nevada, for tax reasons. Had to go to Vegas once a year for the annual meeting. Those were the days.

      --
      Milo
    33. Re:Overreaction by hawk · · Score: 2
      >Had to go to Vegas once a year for the annual meeting


      For a very loose definition of "had to" :)


      I usually made sure that the bylaws allowed (but didn't require) phone meetings--I could sit in my Nevada office on a conference call and put words into my clients's mouths to conduct the meeting . . .


      hawk, esq.

    34. Re:Overreaction by milo_Gwalthny · · Score: 2

      Phone meetings? The annual meeting in Vegas and the annual meeting in Bermuda (another sub that held some foreign assets) were the high points of my wife's year. She would have killed me if I suggested phone meetings.

      Unfortuneately, the tax advantages work the other way when the subsidiaries in question are *losing* money :).

      --
      Milo
    35. Re:Overreaction by hawk · · Score: 2
      Oh, yes. that's why you "have to" go for the meeting--even though you don't have to :)


      hawk

    36. Re:Overreaction by Suppafly · · Score: 2

      yeh but delaware was the first to be pro business.. other states are catching up now but delaware was the first so it has a lot more .. its not like existing business are going to up and reincorporate in another state

    37. Re:Overreaction by Anonymous Coward · · Score: 0

      >I suspect if they use this agreement to disable the device of a New York State customer within 90 days of the customer purchasing the product, they will be in violation of NYS law.

      SONICblue is based in California and has no business presence in NY. Where's the jurisdiction?

    38. Re:Overreaction by Gleef · · Score: 2

      Anonymous Coward asks:

      > I suspect if they use this agreement to disable the device of a New York State customer within 90 days of the customer purchasing the product, they will be in violation of NYS law.

      SONICblue is based in California and has no business presence in NY. Where's the jurisdiction?


      Jurisdiction is one of those thorny issues which you need a real lawyer to properly sort out (I am not a lawyer, nor is any of this legal advice). My limited understanding of it is, if a company screws over a consumer in NYS they don't need an office there to get sued under New York law in a New York court.

      The bit of my rant you quote is referring to the product's warranty, even if my other argument (i.e. SonicBLUE damaged my property) doesn't hold any water, when a company sells a consumer product, they warrant that it will function for a set period. Even if the ReplayTV box comes with no paper warranty, in New York State (and many others) the product has an "implied" 90 day warranty. In retrospect, the warranty argument is a bit hazy (although I'd call a product defective if it stopped working because I used a service run by the manufacturer in accordance with all instructions and service agreements).

      --

      ----
      Open mind, insert foot.
    39. Re:Overreaction by hawk · · Score: 2
      I don't know of any state other than Nevada that could be fairly described as "catching up" with Delaware--and Nevada has gone far belong catching up, and has left Delaware behind.


      No, we don't have Chancery courts, but our regular system functions well enough that this isn't a problem . . .


      hawk

    40. Re:Overreaction by _Sprocket_ · · Score: 2


      Once again /. readers look at the issue backwards. WHY do you think a business is even remotely concerned with what is good for consumers? Why should they be?


      ...


      Consumers don't have to do anything. Especially they don't have to buy a product they don't like, or agree to terms they find unfair. But if they accept an agreement without bothering to read it they are just plain stupid and deserve what happens.


      Go back and re-read the post. There is no looking at the issue backwards.


      Consumers DO have to do something. At the least, they should be aware of anti-consumer practices and refuse to support those companies who operate on those policies. It would be nice if they also voiced their displeasure and made others aware of these same issues.


      This has happened in the past, will happen in the future, and if we're lucky will happen more and more often. In this environment, it is in a company's best interest to keep consumer interest in mind less they find that they have created policies that push them out of the market.


      Hate to burst your little "greed is good" bubble, but there are limits to acceptable business practices. There is a difference between producing a powerfull street car that can be dangerous in the wrong hands and producing the Pinto. There is a difference between a loan with a steep interest rate and a con. Legitimate business should have no problems operating within those limitations.

  10. just in case the server becomes unavailable... by Kargan · · Score: 5, Informative

    ...like that ever happens!

    ---------
    REPLAYTV 4500 Digital Video Recorder
    Activation and Service Agreement

    This Agreement applies to your use of the ReplayTV Service and is a legally binding agreement between you SONICblue Incorporated and its wholly owned subsidiary, ReplayTV Inc. (collectively "ReplayTV"). By clicking the button marked "I Agree" below or by otherwise communicating your acceptance to ReplayTV or by using the ReplayTV Service, you agree to all the terms and conditions in this Agreement. IMPORTANT NOTE: Your ReplayTV 4500 works only by receiving the ReplayTV Service offered and provided by ReplayTV. If you do not agree with all the terms and conditions of this Agreement, you are not authorized to use the ReplayTV Service, and you may return the ReplayTV 4500 to ReplayTV or the authorized retailer from whom you purchased the product for a full refund.

    1. Use of the Service

    A. Authorized Product. You may access and use the ReplayTV Service only with a ReplayTV 4500 product authorized to receive the ReplayTV Service and you agree not to tamper with or otherwise modify the authorized product.

    B. Personal Use Only. The ReplayTV Service is for personal, residential, non-commercial use. Any other use is not permitted under this Agreement. You may not re-sell the ReplayTV Service in whole or in part, nor, except as part of your transfer of the ReplayTV 4500 unit as provided in this Agreement, may you transfer the ReplayTV Service.

    C. Eligible Subscribers. You represent that you are at least 18 years of age. You may permit minors to use the ReplayTV Service under your account, but you agree that you are fully responsible for the minors' use of the ReplayTV Service.

    D. Accurate Information. You must give us accurate and complete information when you activate and use your ReplayTV Service. If you do not, ReplayTV may terminate your account at any time.

    E. ReplayTV's Privacy Policy. ReplayTV respects the privacy of your information and will not disclose any of your information except as permitted in ReplayTV's Privacy Policy. A current copy of ReplayTV's Privacy Policy is included in the Privacy Policy section of the main menu in the ReplayTV software included on your ReplayTV 4500 and on the SONICblue website www.sonicblue.com. Please read it carefully before using your subscription for the ReplayTV Service. By using the ReplayTV Service, you understand and agree with how ReplayTV handles your information as described in our Privacy Policy. ReplayTV will use commercially reasonable efforts to notify you of any substantial and material changes to the Privacy Policy. However, you are responsible for viewing the latest Privacy Policy which can be accessed through our website at www.sonicblue.com.

    F. TV Programming. The ReplayTV Service gives you the ability to see and record televised programs. However, ReplayTV exercises no editorial or programming control over these programs ("Third Party Content"). You understand that (a) ReplayTV does not guarantee the access to or recording of any particular program, (b) programming is not under ReplayTV's control, (c) ReplayTV is not responsible for and has no editorial control over any Third Party Content, and (d) ReplayTV has no control over the distribution of programs. You also understand that television programs, films, videotapes, and other materials may be copyrighted. Unauthorized recording and sending of such material may be contrary to the provisions of the United States copyright laws. The rights of copyright holders are subject to limitations when persons are engaged in "fair use" or are protected by other provisions of law. You are responsible for complying with these laws.

    G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500 when your unit connects to our server or at other times with or without notice. In addition, ReplayTV may modify the terms and conditions of this Agreement from time to time (and will notify you of these changes to the Agreement)

    H. Software. ReplayTV provided certain software with the ReplayTV 4500 unit you purchased, and may provide replacement (for example, bug fixes, updates or upgrades) and additional software to you from time to time (which may include by automatic downloads to the ReplayTV 4500 unit), in order for you to access and use certain features of the ReplayTV Service. Your use of all such software is subject to the terms of this Agreement. However, if a software license agreement is included with any such software, then those terms (and not this Agreement) will govern your use of that software. You have a limited, non-exclusive right to use the software only with the ReplayTV 4500 unit with which the software was provided or for which it was downloaded. You may make one copy of the software you download for backup purposes only, provided that such backup copy must include all copyright and other proprietary information and notices contained on the original. You acknowledge and agree that the software is copyrighted and contains material that is protected by copyright, trademark, trade secret and other laws and international treaty provisions relating to proprietary rights. You may not remove, change or hide any of ReplayTV's or its licensors' or suppliers' proprietary rights notices on or in the software or on output generated by the software. Except and only to the extent permitted by applicable law and this Agreement, you may not copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, assign, transfer, or create derivative works from the software. You acknowledge and agree that any unauthorized use, transfer, sublicensing or disclosure of the software may cause irreparable injury to ReplayTV, and under such circumstances, ReplayTV shall be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.

    I. Ownership; Certain Rights. ReplayTV and its licensors and suppliers retain title to and ownership of all the ReplayTV software. ReplayTV and its licensors and suppliers own the intellectual property rights in and to the ReplayTV 4500 unit and the ReplayTV Service, including the copyrights and trademarks associated with the ReplayTV 4500 unit and the ReplayTV Service.

    2. Fees and Term of the ReplayTV Service

    A. Subscription Fees. Your use of the ReplayTV Service is subject to your payment of the subscription fee in advance. The subscription fee covers only the basic ReplayTV Service, and does not include charges or fees (a) for premium or other additional services offered as part of or through the ReplayTV Service for which ReplayTV charges additional fees, or (b) to third parties for telephone service or broadband access, if applicable. You are responsible for any such telephone or broadband service charges and acknowledge and agree that you shall be solely responsible for all disputes with any third party related to the same.

    B. Lifetime Service. Subject to the terms of this Agreement, once you have paid the Service Activation Fee for your ReplayTV 4500 you will not incur any additional charges to receive the basic ReplayTV Service during the lifetime of that product. The ReplayTV Service will be provided only to that particular ReplayTV 4500 unit for which you paid the subscription fee and cannot be transferred to any other units you may purchase. However, the ReplayTV Service will still apply to that unit even if you give it or sell it to a friend or family member. Thus, any service that is activated follows the ReplayTV 4500 unit and not the person.

    C. Termination of Service; Your Indemnity Obligations. Notwithstanding any term of this Agreement, ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you (a) breach any provision of this Agreement (including but not limited to altering the ReplayTV 4500 unit or related software), (b) misuse the ReplayTV Service, or (c) infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party in your use in any way of the ReplayTV Service. You further agree that you will defend, indemnify and hold harmless ReplayTV and its affiliates from and against any and all claims, actions, suits, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any of the actions described above that would entitle ReplayTV to terminate this Agreement.

    3. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    A. Warranty Disclaimer. THE REPLAYTV SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." REPLAYTV AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE REPLAYTV SERVICE (INCLUDING THIRD PARTY PROGRAMS), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ReplayTV makes no warranty that (a) the ReplayTV Service or its content will meet your requirements, be uninterrupted, error-free, secure or timely; or (b) that the information obtained through the ReplayTV Service (including but not limited to Third Party Programs) is accurate, current, complete or reliable. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

    B. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL REPLAYTV OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND (WHETHER FOR LOST PROFITS, LOSS OF DATA OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE REPLAYTV SERVICE OR THIS AGREEMENT, EVEN IF REPLAYTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    C. LIMITATIONS OF REPLAYTV'S LIABILITY. IN NO EVENT SHALL REPLAYTV'S AGGREGATE LIABILITY TO YOU (AND ANYONE ELSE WHO USES THE REPLAYTV SERVICE THROUGH YOUR ACCOUNT), FOR ANY AND ALL CLAIMS ON ANY BASIS, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE TOTAL AMOUNT YOU PAID TO REPLAYTV FOR THE REPLAYTV 4500 UNIT AND THE REPLAYTV SERVICE. YOU UNDERSTAND THAT THESE LIMITATIONS OF REPLAYTV'S AND REPLAYTV'S SUPPLIERS' AND LICENSORS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT, AND REPLAYTV WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATION. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    4. Miscellaneous

    This Agreement (including referenced documents) constitutes the entire agreement regarding your use of the ReplayTV Service and supersedes any and all prior statements, agreements or understandings with respect to the ReplayTV Service. This Agreement is governed by and will be interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles. If any provision of this Agreement is invalid, illegal or unenforceable, such provision will be deemed changed only to the extent necessary to make it valid, legal and enforceable; all other provisions of this Agreement will continue in full force and effect. Any failure by ReplayTV to strictly enforce any provision of this Agreement will not waive ReplayTV's right to later enforce that provision or any subsequent default or breach of the same or a different kind.

    BY CLICKING ON THE "I AGREE" BUTTON BELOW, I REPRESENT THAT I HAVE READ, AND I UNDERSTAND AND AGREE TO, THE TERMS STATED ABOVE.

    --
    Palaces, barricades, threats, meet promises
    1. Re:just in case the server becomes unavailable... by klapaucius · · Score: 1

      You know something, I would pay good money to be able to do what the hell I want with a PVR. Make it expandable, so I can add extra drives, or larger drives, set it up so I can skip over the damn commercials, whatever. Make it programmable like a vcr, use VCR+, if that's what it takes. I don't need or want the service, if I'm too lazy to check the TV listings in the paper, on the cable guide, or on the web, that that is *my* fault, and not anyone elses. *Why* is there a service needed for this thing? Make it broadband connectable, and let me send shows to my brother in Vegas over our broadband connections, and I'd be willing to pay over 2-3 times what the Tivo's and Replay's cost. Give me the option of using FireWire or USB2.0 to transfer the show to my computer, so I can burn the show on DVD, if I want to keep a copy of it, and free up space on my PVR.

      That is what I want, as a consumer. Why can't these companies understand that?

    2. Re:just in case the server becomes unavailable... by paganizer · · Score: 1

      Why not just make your own? I've got a Matrox Marvel G200 hooked up to cable; whenever I want to record something, I just tell it when, and it does. No problems whatsoever. It doesn't automatically cut out the commercials, but who really cares? we've all learned to tune those out anyway, right? Video Capture card + Computer with lots of hard drive = tons of hours of recording.

      --
      Why, yes, I AM a Pagan Libertarian.
    3. Re:just in case the server becomes unavailable... by serutan · · Score: 2

      Yeah, it looks like the agreement only governs the use of the service, not the hardware. It doesn't seem to address the possibility of using the hardware for something other than their service. Not that I could think of anything.

  11. Covering their butts by Wrexs0ul · · Score: 1

    Not begging for a lawsuit, this is their way of passing on legal liability to you the consumer. It's the Napster vs. Gnutella ideology:

    "That's right RIAA, just try and sue 100 million of us whose names you don't know."

    I seriously doubt that a device designed to replace VCRs is going to shoot itself in the foot and actively scan your system each and every time you update it.

    -Matt

    --
    --- Need web hosting?
    1. Re:Covering their butts by ScottKin · · Score: 2, Interesting

      If they do scan your ReplayTV box every time, it's their perrogative because it's their product!

      Three cheers for the makers of ReplayTV to hit the CONTENT THIEVES right in their 'nads!!!

      Also, they'll know EXACTLY who you are by the unique Serial# and Unit# burned into the non-eprom chips.

      Interestingly enough, Napster filed for Chapter 11 protections today.

      Enjoy the Ride!!

      ScottKin

      --
      I don't give a rat's behind about "karma" here or anywhere else. Don't like what I have to say here? Deal with it!
    2. Re:Covering their butts by linatux · · Score: 0

      Showing my ignorance yet again (no such appliances where I live). Pirating shows with such a device never entered my feeble mind. I just figure that if you bought it, you own it and anyone that then decides to remotely disable it should get their ass kicked. Of course if you are stealing shows, that changes things a weeee bit. But hacking the box doesn't mean you are a pirate - does it?

    3. Re:Covering their butts by lennart78 · · Score: 1

      It's sorry to see another industry living in the past. Since the Internet arose, and efficient codecs became publicly available, the music and movie industries have lost their monopoly on distribution of content. Period.
      They try desperatly to keep a hold on the market through rediculous legal constructions and methods of copy protection which generally don't last longer than a month.
      If they would put as much cash in trying to cooperate as they do in trying to dominate, everyone might even benefit...

    4. Re:Covering their butts by gilroy · · Score: 2
      Blockquoth the poster:

      I seriously doubt that a device designed to replace VCRs is going to shoot itself in the foot and actively scan your system each and every time you update it.

      There have been a lot of people making similar claims -- "They're just CYAing. They don't intend to actually ever enforce these provisions." Bull-crap. Lawyers don't put in clauses for the fun of it. You can be sure that SONICblue's legal team pored over this and every word fully represents the intent of the company. If they never, ever meant to do this, they wouldn't bother reserving the right...
    5. Re:Covering their butts by gilroy · · Score: 2
      Blockquoth the poster:

      Interestingly enough, Napster filed for Chapter 11 protections today.

      Proving that any company, no matter how small, can indeed be crushed by the combined might of an entrenched industry, no matter how unjusitified. Yay for our justice system.
    6. Re:Covering their butts by Archfeld · · Score: 2

      That is a FACT, though the producers of this stuff would have you think otherwise. Using a hcked box to access their network IS a violation of your agreement, and is a crime according them, and even might be construed as such by a court of law if it is ever challenged.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    7. Re:Covering their butts by zeno_2 · · Score: 2
      Bull-crap. Lawyers don't put in clauses for the fun of it. You can be sure that SONICblue's legal team pored over this and every word fully represents the intent of the company. If they never, ever meant to do this, they wouldn't bother reserving the right...

      The terms of service at www.adelphia.net (cable modems) state that I can break these rules by using excessive bandwidth. They classify excessive as more then 3.5gigs a month. Ive transferred up and down more then 30 gigs in a month with no problems. I believe they use a lot of that for people that are actually causing the company some sort of problems, they can use it to back them in court if need be. We will have to see what happens when someone starts messing around with it, but I would be pretty suprised if they were hardcore with it.

    8. Re:Covering their butts by Anonymous Coward · · Score: 0

      (Somehow I imagine Enjoy the Ride!! tattooed on yr stomach. Or perhaps yer back, I'm not het'rosexist.)

      So what's to stop the malicious from triggering the anti-hacker response on other people's Replays? Just the goodwill, I guess.

  12. Not Whining by jchawk · · Score: 1

    I'm not bitching about Tivo or ReplayTV. I silently vote for neither by keeping the money in my pocket.

    1. Re:Not Whining by hagardtroll · · Score: 3, Insightful

      Same here, and...

      I am stillllll waiting for someone to come up with a generic programmable VCR like PVR device that doesn't come with all those strings and monthly payments attached.

      I thought free markets were supposed to provide what is in demand. It must just be the two of us then.

    2. Re:Not Whining by Zathrus · · Score: 4, Insightful

      The reason you're waiting is because it's not a trivial problem. People who think it's a trivial problem don't have a clue what the problem is.

      Recording the data stream, keeping it all perfectly synched, allowing fast forward/skip/rewind at various speeds/intervals and still keeping it synched, the program guide data, the user interface, reasonable indexing of recorded data, and everything else - these aren't simple problems. The first being the hardest. And the guide data isn't free - you have to pay someone for it. To get it in the level of detail and quality that TiVo has you have to pay a good bit (more than what you can download from the net or hack off your cable/DSS).

      Free markets do provide what is in demand. But nobody believes that the average consumer will $2k for one of these boxes - which is about what you'd have to charge to recoup R&D costs since you have no ongoing revenue.

      There's a reason that TiVo and Replay have done well. And why nobody's sufficiently duplicated them yet on the PC. One of these days you'll realize that.

    3. Re:Not Whining by gilroy · · Score: 2
      Blockquoth the poster:

      And the guide data isn't free - you have to pay someone for it.

      Umm, I use Yahoo!TV listings, and they're free. I don't use Replay or Tivo, so maybe I'm missing something. But I don't see why I'd need much more than program name and time.
    4. Re:Not Whining by Zathrus · · Score: 2

      If you want an absolute brain dead PVR, that may be all you need. But anyone who's used a TiVo won't use a brain dead PVR again - it'd be nearly as bad as going back to a VCR.

      TiVo provides name and time, plus episode name, category (and there's 20 or so categories plus sub categories for each), primary actors, director, rating, new/rerun, and a few other markings I'm forgetting now. All of this is useful for searching, indexing, and automatic recording of interesting shows (the new/rerun and episode name are biggies -- so I can select only new programs, or I can decide to not record any episodes I've recorded in the past 30 days).

      Looking at Yahoo's listings, some of that is available, but it's very very random and the classifications for some shows appear to be off. And it requires you to drill down on every link, which is not how you want an automated update to work.

      Accuracy is another issue... I have no way to comment on the accuracy of Yahoo's data, but I've rarely seen TiVo's data wrong. When it is you can call them up and they'll yell at the company that provides it to them.

    5. Re:Not Whining by LoadStar · · Score: 1
      Umm, I use Yahoo!TV [yahoo.com] listings, and they're free. I don't use Replay or Tivo, so maybe I'm missing something. But I don't see why I'd need much more than program name and time.

      First of all, Yahoo! TV, Zap2It, TV Guide, etc, may provide you, the end user, with free listings. The listings, however, are not free. With the exception of Zap2It and TV Guide, since they are run by the firms actually providing the data (Tribune Media Services and Gemstar, respectively), anyone on the web providing TV listings has to pay either TMS or Gemstar for the listing service. They just provide you with a limited use license to view the listings on their website. (If you don't believe me that there's a limited use license, take a look at this.)

      I'm sure if any of these "open PVR" projects ever took off, and if they were to munge through one of these websites, they'd get busted so fast - either by Yahoo or whatever website they use, for violating the terms of service, or by TMS or Gemstar for republishing copyrighted data without permission.

      And to answer your question, both Replay and TiVo do a lot of what they do based on a lot more than program name and title - they present you with a description of the program (so you can decide whether to record this episode of DS9), a genre (so you can record all Sci-Fi program), actors (at least in the case of TiVo, so you can set up a "wishlist" to record all shows with Avery Brooks), a "rerun" flag (so you don't get 15 copies of the same episode), etc, etc... it uses a lot of data, more than just program name and time. A PVR that didn't let you do most of that would be a pretty useless PVR, in my opinion.

    6. Re:Not Whining by gilroy · · Score: 2
      Blockquoth the poster:

      And it requires you to drill down on every link, which is not how you want an automated update to work.

      Fair enough, except way back in 1994, I wrote a script that pretended to be a Netscape browser and read the day's schedule off TVguide.com... and I know next to nothing about the http protocols. If the info is out there and human-readable, then it can be automated.


      If you want an absolute brain dead PVR, that may be all you need. But anyone who's used a TiVo won't use a brain dead PVR again - it'd be nearly as bad as going back to a VCR.

      But I suspect that there is a large market for people who just want an enhanced VCR and who haven't yet become addicted :) to the TiVo features.
    7. Re:Not Whining by gilroy · · Score: 2
      Blockquoth the poster:

      they present you with a description of the program (so you can decide whether to record this episode of DS9), a genre (so you can record all Sci-Fi program), actors (at least in the case of TiVo, so you can set up a "wishlist" to record all shows with Avery Brooks), a "rerun" flag (so you don't get 15 copies of the same episode), etc, etc..

      I actually don't think I'd use those features, so my original post stands. But it doesn't matter: Not a one of those is missing from the Yahoo! listings.


      And of course those sites pay for the info at some point. (One could argue that users of public spectrum should have to provide this info as a cost of doing business, but ....) And maybe they'd drop the service or use account logins or whatever.


      But why do the people providing the hardware also have to be the ones providing the programming info? Other than locking you into their business plan, of course. From the consumer's point of view, it doesn't make sense. With XML looming, one imagines a working group could define an open standard for TV info, and let competition come to the service market. And if several PVR makers agreed to utilize the open standard, they could leverage that freedom (I believe) into real cash.

    8. Re:Not Whining by ncc74656 · · Score: 2
      Umm, I use Yahoo!TV listings, and they're free. I don't use Replay or Tivo, so maybe I'm missing something. But I don't see why I'd need much more than program name and time.

      How do you sort out new episodes from reruns? Going into more detail, can you build up a listing of what particular episodes have been recorded recently, so that you don't re-record them unless asked to do so? That's why a TiVo (or anything that claims to provide similar functionality) needs more detailed information to function properly.

      --
      20 January 2017: the End of an Error.
    9. Re:Not Whining by Anonymous Coward · · Score: 0

      {QUOTE}

      But I suspect that there is a large market for people who just want an enhanced VCR and who haven't yet become addicted :) to the TiVo features.

      {/QUOTE}

      I think that I would prefer this type of system to a TiVo or Replay system. I like to choose what I tape and what I do with the tape, e.g. put it on a CD or DVD so that I can watch it any time that I wish. I don't need a guide as I program all THREE of my VCR's myself now and I rarely worry about missing a show. It would be cool to be able to grab shows from a PVR device and send it to any TV in my house so that I can watch it, pause it, and rewind it from any TV. This would be the maximum in comfort for me. I am thinking of creating something like this soon so that I can watch what I want to watch when I want to watch it where I want to watch it. I would probably even put an UPS (Uninterruptable Power Supply) on each unit just to keep everything going. I have 1 UPS on my DirectTV and the VCR attached to it right now. It helps keep my programming information as well as recording when the power goes out.

    10. Re:Not Whining by ncc74656 · · Score: 2
      they present you with a description of the program (so you can decide whether to record this episode of DS9), a genre (so you can record all Sci-Fi program), actors (at least in the case of TiVo, so you can set up a "wishlist" to record all shows with Avery Brooks), a "rerun" flag (so you don't get 15 copies of the same episode), etc, etc..

      I actually don't think I'd use those features...

      That's what everybody who's never used a TiVo says.

      --
      20 January 2017: the End of an Error.
    11. Re:Not Whining by Jasn · · Score: 1
      But why do the people providing the hardware also have to be the ones providing the programming info?

      It's like LoadStar said. Feel free to approach TMS with your own proposal to get a listings data stream that is active 24/7, to incorporate a multitude of last-minute changes. Then get back to me when you figure out how to pay the sum required. Then you can pass that along for "free" to the millions of OpenPVR people who would be glad to take what you paid for.

      Yahoo/TVGuide/et al. give listings for free the same way 99.999 percent of sites give anything for free: because you are viewing ads. Surely even though you can read news on CNN.com for "free" (after unit costs for Internet) you don't think CNN didn't pay a reporter to get the story?

      Your "service market" is the same way. Show me a market where competition evolved a market to provide free services to millions. Even an XML standard would eventually incorporate a way to serve ads or charge a subscription. This comes up in every PVR discussion on Slashdot, and over and over again it must be said just how nontrivial this listings gathering is.

    12. Re:Not Whining by Zathrus · · Score: 2

      One could argue that users of public spectrum should have to provide this info as a cost of doing business, but

      What public spectrum? The broadcast channels use public spectrum, sure, but the cable companies don't.

      I actually don't think I'd use those features

      Yes, and back in the late 70s nobody thought they'd use a VCR either.

      But why do the people providing the hardware also have to be the ones providing the programming info?

      In the case of TiVo it's not. TiVo isn't providing the hardware. At least not directly. Sony, Phillips, Hughes, etc. make the TiVo boxes and TiVo doesn't see a dime of that revenue - in fact, they used to pay Phillips, et. al. (and they may still, I'm not sure). So if they don't charge you for services exactly where is their revenue going to come from?

      Sure, you can scream faulty business plan all you want. But the alternative is to produce the boxes and charge $2000 for them. Because there's no other way to recoup R&D costs on the software otherwise.

      Speaking of which, TiVo's fee isn't just for guide data... it's also for the software. In fact, I'd say it's primarily for the software. I bought my TiVo(s) with 1.3 installed. I've since gotten 2.0 and 2.5 and will receive 3.0 in the next couple months. They've added significant features since I bought my TiVo too, so people who say the fee is only for guide data aren't seeing the whole picture.

      And yes, I paid lifetime for my units... one is well over the breakeven point now, the other is about halfway.

  13. section 3A by Anonymous Coward · · Score: 0

    Using this product will void your warrantly, and we can disable everything and screw you of your hard earned money so you can by the next version of our product. MWAHAHAHA!

  14. Easy way out by alexburke · · Score: 4, Interesting

    The solution is simple: Instead of reading the agreement and agreeing to it, don't!

    1. Re:Easy way out by SillySlashdotName · · Score: 1, Insightful

      Except that, by using the service (which is required to use the ReplayTV - also in the agreement - you HAVE agreed to the agreement.

      Your choices seem to be agree (and be able to use the device) or don't agree and not be able to use the recorder - a very expensive paper weight! - in which case you are told you may return the PVR for a refund.

      Or have I missed something?

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    2. Re:Easy way out by Anonymous Coward · · Score: 0

      You haven't missed anything. It's a simple choice, but some people want everything on a plate. Nobody is forced to have a ReplayTV - but it's so unfair! Time to get some bloated geek cottage cheese ass out of the living room... alternatively where's the Free PVR? For all the grandiose claims you see here it looks like people who want a PVR would rather just drool away in front of a TV than create one that doesn't require objectionable agreements.

      Allowing return of the device is absolute generosity and an unfair burden on the company. It would be better to require the customer to sight and agree to the conditions before receiving the unit.

    3. Re:Easy way out by alexburke · · Score: 5, Interesting

      It's quite simple, really -- not once did you ever see the agreement, and therefore you couldn't possibly have agreed to it.

      Need it spoonfed to you? Okay, keep reading.

      By beginning the activation of your new ReplayTV unit here, you will be activating the unit without agreeing to the agreement that seems to have Slashdotters up in arms -- in actual fact, you won't even have seen such an agreement, period.

      In some jurisdictions, click-through agreements are legally binding -- but I've yet to hear of a jurisdiction which would consider you bound to an agreement you didn't see or agree to whatsoever.

    4. Re:Easy way out by DarkEdgeX · · Score: 2
      but I've yet to hear of a jurisdiction which would consider you bound to an agreement you didn't see or agree to whatsoever

      Tell that to American Medical Response (AMR) when they pick you up and take you to the hospital, then send bill collectors after your ass to get their fees when you manage to live. No kidding, they charge $150/mile, and a minimum of around $300 ('location fee') to start the journey. I'm still amazed they can run a business when they're taking people who aren't even conscious to the hospital, without having signed a contract. (Or worse, signing a contract while still in a barely lucid state.)

      Of course, to claim that defense in court you'd probably have to assert that the retailer you bought your ReplayTV from beat you unconscious with a baseball bat, then threw you out the door with ReplayTV in hand.. then, I've seen a lot of Circuit City employees with Louseville Sluggers recently.

      --
      All I know about Bush is I had a good job when Clinton was president.
    5. Re:Easy way out by jbarr · · Score: 2, Informative
      Um, I don't think so. Activating it on the web is only half the process. You have to go through activation screens on the ReplayTV box itself, and it asks you if you agree to the terms of the service agreement. Besides, the Agreement specifically states:
      "...by using the ReplayTV Service, you agree to all terms and conditions in this Agreement."
      So in using the service, you are agreeing to be bound by its terms.
      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    6. Re:Easy way out by Dax_is_a_geek · · Score: 0

      Yep, My girlfriend just got a letter from a colection agency, when she phoned the colection agency to find out why the hell she owes them money, thay told her it was for an ambulance ride she had two years ago, she was in a car acident, a bad one, but she was compleatly un-hurt. the paramedics arived, she told them she was fine and was waiting for a ride home from a friend, they told her the "HAS TO" come with them because the car rolled over, now she has to pay for a ride she didn't even want!

    7. Re:Easy way out by RelliK · · Score: 2
      It's quite simple, really -- not once did you ever see the agreement, and therefore you couldn't possibly have agreed to it.

      There is a legal concept called "willful blindness". When you are intentially "blind" to the facts, you can still be held accountable, since it can be shown that you knew or should have known what's going on. The keyword is intentionally, as is clearly the case with your suggestion.

      but I've yet to hear of a jurisdiction which would consider you bound to an agreement you didn't see or agree to whatsoever.

      I can name two: Virginia and Mariland. Those are the two states that passed UCITA -- a law that legalizes exactly that. Of course this law is so blatantly unconstitutional that it will be struck down by the first judge who looks at it. But hey -- so is DMCA :-)

      --
      ___
      If you think big enough, you'll never have to do it.
    8. Re:Easy way out by windex · · Score: 1

      i was there when that happened. it was mildly amusing at the time but the events thereafter were not so!

      i shall thus be known as the 'personal life' troll.

      kthnx.

    9. Re:Easy way out by DarkEdgeX · · Score: 2

      You are a hairy cockmonger, bastard. =)

      --
      All I know about Bush is I had a good job when Clinton was president.
  15. Copies of the contract?? by lrohrer · · Score: 2, Interesting


    This contract is almost a Ferenge contract "...If you read this document you violate the terms of the contract..."

    So with a a bit of html magic one could submit the form with a different contract -- one the is more user friendly to the consumer. Does thier software check that it is the original contract??? If it does not then THEY will then have aggreed to "our" obnoxious terms.

    If you user their service and it works does this not violate the agreement?

    Today a contract should actually state all of the details that each US state applies to such agreements and to each country as well. It should be a nicely format XML contract with all of the details downloadable to your machine. If they can't give you a copy automatically it should not be enforceable.

    If you sue them and win it seems you still have to pay their costs or am I wrong?

    1. Re:Copies of the contract?? by Winterblink · · Score: 1

      Uh, the contract itself probably isn't saved as part of the agreement. Changing it doesn't make a difference, what's probably being saved is your agreeing to whatever they put on that page on said date and time. Nice try though! :P

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
    2. Re:Copies of the contract?? by ellisDtrails · · Score: 1

      Not true, by providing contract in a TEXTBOX HTML element, an argument could be made that SonicBlue is implicitly allowing editing AND submission of your changes to the contract. This would also be in line with with "offline" contracts where signees and/or their lawyers typically make changes, strikeouts, and corrects to contracts prior to final submittal. If SonicBlue really doesn't want any changes made, they should put their contract in HTML text or PDF.

    3. Re:Copies of the contract?? by ostrich2 · · Score: 1
      That's it. Let's go before the judge and claim that we can't be held by this "Ferenge [sic] contract." I bet he'd throw the case out right then and there!

      Incidentally, ferenge is an Ethiopean word for "white person." While eerily appropriate, I bet you meant Ferengi

    4. Re:Copies of the contract?? by ncc74656 · · Score: 2
      Not true, by providing contract in a TEXTBOX HTML element, an argument could be made that SonicBlue is implicitly allowing editing AND submission of your changes to the contract.

      That depends on whether the edit box is, in fact, editable. I don't have much experience with HTML forms (specifically, I don't know if an edit box in a form can be made read-only), but in the software I write, an edit box can be marked read-only. The program can dump text into it, but the user can't change the text. If you can do the same with an HTML form, Sonicblue would be crazy to leave the box editable.

      (Of course, if it is editable, just make whatever changes you want and make a screen dump before you click "I Agree." If they bitch at you for doing something they don't like, you have documentation to back up your position.)

      --
      20 January 2017: the End of an Error.
    5. Re:Copies of the contract?? by Anonymous Coward · · Score: 0

      Yeah, we all know that the world can be "hacked" like computers, huh?

      Geez, get some fresh air.

  16. Why NOT get one? by Winterblink · · Score: 4, Insightful

    I really don't see why this should affect the poster's take on getting one of these. The manufacturer's covering its ass in all ways possible. If you say you agree to it and hack the machine, pirate programs, whatever, you're at fault not them. They're simply making that clear. Get the machine, hack it, do what you want. Why would the license agreement change your mind, when you're going to do it anyway? :)

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  17. Content Thieves by Wrexs0ul · · Score: 1

    Just to clarify, I'm no content thief. This just seems to me like an obvious direction for SonicBlue to cover legal responsibility rather than start policing their own devices.

    Goodbye Napster, hello BertlesNap or Naplesman.

    -Matt

    --
    --- Need web hosting?
    1. Re:Content Thieves by ScottKin · · Score: 1

      Thanks for the clarification, Matt - my comment was in no way meant to lable you as a "content thief".

      In order to make any kind of "policing" work, SonicBlue also has to create the legal protections to do so, in order for them to not self-indemnify themselves.

      ScottKin

      --
      I don't give a rat's behind about "karma" here or anywhere else. Don't like what I have to say here? Deal with it!
  18. Read Tivos agreement lately? by Anonymous Coward · · Score: 2, Insightful

    Of course not, that would be balanced research, and Slashdot editors/authors don't have time for that what with keeping so busy being liberal reactionaries.

    I can't stand Replay for a myriad of technical reasons, but read Tivos license agreement - it says all the same things, sometimes in nearly the exact same words.

    "Using the TiVo Service. You may access and use the TiVo Service only with a product authorized to receive the TiVo Service and you agree not to tamper with or otherwise modify the authorized product..."

    "TiVo retains the absolute right to immediately suspend or terminate your account, and terminate this agreement, if the charges to your credit card for the fees described in the "Subscription Fees and Payment Authorization" paragraph above are refused for any reason, if you breach any provision in this agreement, if you misuse the TiVo Service, and/ or if you alter the Recorder or use the TiVo Service in such a manner as to infringe upon the intellectual property rights of TiVo or any third party."

    They have to say those kinds of things to keep their legal options open should someone do something they feel they have to respond to. Until they give some sign of enforcing their agreement more rigidly than Tivo getting your panties in a wad over what some standard legal disclaimer says is a bit premature. Of course premature and uninformed ranting is what Slashdot is all about these days, isn't it?

    1. Re:Read Tivos agreement lately? by echucker · · Score: 4, Funny

      Well, I guess you're at least one step ahad of the rest of us- you actually read them! ;-)

    2. Re:Read Tivos agreement lately? by ImaLamer · · Score: 2

      Slashdot editors/authors don't have time for that what with keeping so busy being liberal reactionaries. Right, right....

      The agreement only covers the service and IP rights of TiVo.

      This covers a modified box, which they (ReplayTV) will damage it if found modified.

      Tivo just doesn't want you to expose IP rights and/or steal service. ReplayTV doens't want you to modify the hardware in anyway.

      The problem is you don't know the story (as expected). ReplayTV is using their service as a backdoor method into checking your box for 'hacks'.

      If you open your VCR it's legal, if you smash your TV with a hammer it's legal.

      They could say "no mo' service fo' you" but instead they are DISABLING IT!

    3. Re:Read Tivos agreement lately? by sealawyer · · Score: 1

      At least some portion of TiVos, software is the linux covered operating system. I don't believe the GPL allows them to restrict you from modifying or reverse engineering the OS. Seems like a clear GPL violation to me.

    4. Re:Read Tivos agreement lately? by Anonymous Coward · · Score: 0
      Until they give some sign of enforcing their agreement more rigidly than Tivo getting your panties in a wad over what some standard legal disclaimer says is a bit premature.

      And after they do, it's way too damned late. Don't you have the good sense to run screaming from people who say "We have no current plans to ...?

      Not to mention that considering it to be the "standarsd" just plays into their hands. Resist _before_ it's all gone.

  19. Wolcott by Graymalkin · · Score: 4, Funny

    Section 4B: Do not taunt ReplayTV 4500.

    Section 4C: If you hack ReplayTV 4500 and it begins to smoke, get away immediately. Seek shelter and cover head.

    Geez, talking about infringement.

    --
    I'm a loner Dottie, a Rebel.
  20. Bad Press for Microsoft competitors by Anonymous Coward · · Score: 3, Informative

    Interesting coincedence that we are getting so much bad press on Microsoft's competitors these days. Newgroups are flooded with TiVo = SPYWARE FUD and of course, the TiVo forces it's customers to watch programs they don't want to watch FUD and Replay is changing it's licensing --ohh it's so bad... looks like the only place to go for real choice and quality is Microsoft!

    Well, I'll keep my Dtivos as long as I can, I am one of those extremely satisfied TiVo owners that is in the 90% customer satisfaction group TiVo talks about. Furthermore I recomend TiVo to everyone I know.

    Of course I do believe TiVo days are numbered. Alas , even though TiVo is great, the best by far, with the highest customer ratings, it all means nothing....

    The merger gets approved, Echostar already announced it's alliance with MOXI and Moxi was sold to Microsoft's Paul Allen,....don't you just love it when a plan comes together to to allow a corporation to use it financial gains from one monopoly to create another....

    Microsoft takes two loosing products, Ultimate TV and Xbox , combines them, Paul Allen buys a company called Moxi and controls it all....

    1. Re:Bad Press for Microsoft competitors by NimrodMCSE · · Score: 0

      Why would you point the finger at Paul Allen? If you look at him and his companys, he's nowhere near the tyrant Gates is, that's one of the reasons he left M$. He also donates to a lot of cool and very geek worthy causes. But then what should we expect from an anonymous coward?

      --
      "Maybe this world is another planet's Hell" Aldous Huxley
    2. Re:Bad Press for Microsoft competitors by Anonymous Coward · · Score: 0

      I think Microsoft gave up on their set top-boxes. Why bother if they can leverage their OS dominance on PC? Check out "Freestyle" - new Microsoft answer to TIVO and Replay. I have a feeling that they will get it right this time. Too bad Open Source is too slow to cook up any usable PVR solution.

  21. Does hacking include upgrading the hard drive? by NeuroPulse · · Score: 1

    Does hacking include upgrading the hard drive?

    1. Re:Does hacking include upgrading the hard drive? by cat_jesus · · Score: 1

      yes. In fact those were the first hacks.

    2. Re:Does hacking include upgrading the hard drive? by Anonymous Coward · · Score: 0

      Can I even have a hacking cough in front of the unit ?

    3. Re:Does hacking include upgrading the hard drive? by Anonymous Coward · · Score: 0

      Yes, but TiVo has gladly looked the other ways towards those hacks, in fact sponsoring TiVoCommunity.com where they allow discusion of hard drive upgrades.

      Where they'll shut you down however is if you put say Sony TiVo software on an RCA machine. If you do that, your software will report the wrong version number for the hardware, which will cause a download.. but since the download can't be installed over the software you have it fails, so you download it again. At that point, you're in a never-ending loop of making multi-hour calls into UUnet's network at their expense, and they'd rather get rid of you than keep accepting your money.

      BTW, don't bother sending your unit back for repair after trying to upgrade and breaking it...

  22. Moronic character sets by ObviousGuy · · Score: 0, Offtopic

    You ever see the movie The Jerk? There's a scene where Steve Martin is the Guess-Your-Weight guy at a carnival and someone comes up and asks him what the prizes are. He turns around to face a huge wall filled with carnival prizes and points out a 2 inch area containing tiny prizes, hardly worth winning against the guesser for.

    There are quite a few more than 128 characters that need to be represented. Limiting yourself to those few makes you look petty when you decide to complain about something that more than 90% of users have no problem with.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Moronic character sets by Darren+Winsper · · Score: 1, Offtopic

      There is a reason HTML has stuff like & and > defined in the language.

  23. who wants it that bad? by slaida1 · · Score: 2, Interesting
    Even if they gave those boxes free, they would be useless in a world where everybody everywhere would follow The Rules and The Laws by the book. I mean have they even bothered checking if any of those cross any laws in all the countries they're selling?

    What good is it if they give 50 pages of utter, complete bull in 5 different languages if even one rule is conflicting? Why should I care about papers where they have apparently copypasted everything even remotely affecting rules and demands from all laws they could find? It surely seems like it.

    Is competition really this fierce that bare products with only kind suggestions of how to use it are impossible? Can't they just sell their things and be happy that people even buy them? Are these the symptoms of too broad rights given to businesses?

    --
    Preserve old classics: copy your collection onto all hard drives.
  24. You are wrong by cat_jesus · · Score: 5, Insightful

    Actually most of the hacking being done has nothing to do with illegal reception, whatever you mean by that. Most hacks are for things like increasing storage space, running web servers, making email interfaces, ugrading memory, etc...

    Normally I wouldn't respond to such a troll but this kind of misinformation needs to be stopped. It is what leads to things like the DMCA.

    Cat

  25. oh the money! by DarkHelmet · · Score: 2
    And Term 2C says that if someone even alleges you are infringing on copyright, you can be shut down with no notice, no recourse, and there's nothing you can do about it--the agreement indemnifies them completely.

    And of course, for $49.95, we can look past this injunction and set you back up again. Of course, in doing this we take no responsibility for the system kicking you off again.

    But that's okay. 49.95 gets you back up and running again... For a while.

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
  26. Everyone? by sysv · · Score: 0

    Some people on this world live outside the US.

    1. Re:Everyone? by Anonymous Coward · · Score: 0

      Some people on this world live outside the US.

      That doesn't give you any more right to break our laws and steal intellectual property now does it? IP theft == terrorism. You know what we do to terrorists. Now, stand up straight, wipe that frown off your face, and go back to being a nice little foreign consumer.

  27. Legally binding or not, that is the question by fisman · · Score: 4, Insightful

    Generally people are quick to indemnify themselves from everything that may ever happen but usually these statements are not worth the paper they are printed on in a court of law.

    Now I am no lawyer but would Microsoft for example be indemnified from the antitrust allegations if they put a clause to that effect in their licence agreement?

    More often than not copyright notices and licence agreements are there purely for FUD purposes. I have always seriously doubted the legal grounds a company has to stand on if they claim things in a license agreement which nobody really reads, seeks legal council on or sign.

    I would go out and buy one and claim that I never received the licence agreement! Would they then have to prove that I received, read and agreed to it before they can take further steps?

    Come-on you Law-infested-geeks out there! What is the answer?

    1. Re:Legally binding or not, that is the question by cyril3 · · Score: 3, Interesting
      To activate you have to click through the agreement. To do that you accept the terms. It's legal if the terms are legal.


      Do you really think any court is going to accept a defence of "oh I really didn't read the licence thing. I didn't think it was legally binding if I didn't read it."

      In Australia and other common law countries I think you'll find that shrink wrap licences and post purchase licences are quite legal and enforcable where the terms and conditions aren't illegal.

      I often use the example of car parking stations. You generally just drive in and get a ticket and there are no terms obvious. Somewhere just inside the carpark will be a big sign with the terms of use displayed. If you don't like the terms you can generally go back out without payment but continuing on implies your acceptance of the terms. That's settled law in Australia at least.

      As for Microsoft, the licence agreement is irrelevant to the question of whether they infringe an anti trust law. And in any case you generally can't indemnify yourself from consequences of an illegal act as a matter of policy.

    2. Re:Legally binding or not, that is the question by Anonymous Coward · · Score: 0

      >If you don't like the terms you can generally go back out without payment but continuing on implies your acceptance of the terms.

      If the terms include things such as:

      - We have the right to crush your vehicle should you not retrieve it within 24 hours.
      - If we find out you have a criminal record, you can be towed without notice.

      Can they still enforce it? AFAIK, certain things that would require you to give up major rights would still require pen to paper signatures.

    3. Re:Legally binding or not, that is the question by Zeinfeld · · Score: 5, Interesting
      To activate you have to click through the agreement. To do that you accept the terms. It's legal if the terms are legal.

      I am not a lawyer, but you don't have a clue.

      The courts are the ultimate arbiters of contract law. If the courts decline to enforce contract terms then they are void.

      Shrinkwrap type 'contracts' are problematic in many ways, not least because there is unequal bargaining power. It is a unilateral declaration by one side of what the terms of the agreement are. Such can be declared 'contracts of adhesion' and considered invalid by the courts. Invalid does not mean illegal, a term may be perfectly legal in a contract negotiated between two parties but not legal when it is unilaterally imposed.

      I often use the example of car parking stations. You generally just drive in and get a ticket and there are no terms obvious. Somewhere just inside the carpark will be a big sign with the terms of use displayed. If you don't like the terms you can generally go back out without payment but continuing on implies your acceptance of the terms. That's settled law in Australia at least.

      Actually it is settled law but not the way you think. In contract law it is impossible to exclude claims in negligence. So if a multi story car park collapses due to lack of maintenance the owner/operator is liable irregardless of what he put on the ticket. In fact there can even be a contract term stating that the owner is not liable in that precise circumstance and it is still invalid.

      Incidentally that is why legal constructs such as bills of lading and letters of credit are so interesting, they are not contracts and are not subject to contract law and cannot in fact be constructed using contract law. That is why the digital signature acts were required to recognise the legality of digital signatures on such documents.

      Clauses that attempt to restrict remedies were almost always thrown out by the US courts 20 years ago. Today clauses that restrict redress to arbitration are sometimes recognised, but by no means in every case. I suspect however that the provisions put in to many cell phone contracts that prohibit class action lawsuits are unenforceable.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    4. Re:Legally binding or not, that is the question by Anonymous Coward · · Score: 0

      irregardless is not a word you fucktard

    5. Re:Legally binding or not, that is the question by cyril3 · · Score: 1
      that's what i meant by legal - enforcable.

      Your comments seem to question if there was an agreement at all. I was making a comment about the general issue of enforcability of click-through or shrinkwrap agreements. In trying to keep it simple I certainly left lots out and your reply has fleshed some of that out.

      I still think that a properly worded agreement without otherwise unenforcable conditions (like we can steal your car after 24 hours or if we are negligent-tough) will be accepted by courts

      I think that above all it would be a mistake to assume that the 'seller' has no case merely because you didn't sign a piece of paper before anything happened.

  28. tick tock tick tock by drDugan · · Score: 2

    you see... companies are figuring out that it's
    way LESS profitable to actually sell you something
    compared to makign you licence it, and
    then controlling how you use it. Software
    companies figured this out a while back. People
    joke, but if there is more profit in
    it, companies will do it. "Please sign
    this EULA before you buy this car
    ." Its coming.

    1. Re:tick tock tick tock by Anonymous Coward · · Score: 0

      "Please sign this EULA before you buy this car." Its coming.

      Coming?? It's been here for awhile. You can buy your extra warranty up front or you can choose to begin making the inevitable repair payments after the small initial warranty has expired. Most cars last at least 7-8 years but only come with a 36 month warranty as a base.

    2. Re:tick tock tick tock by werdna · · Score: 2

      "Please sign this EULA before you buy this car." Its coming.

      nah, its been here since forever.

      Have you actually ever read any of the documents they make you sign before you buy a car? rent a car?

      for enforceable provisions that you don't ever read, have you looked at the backside of your plane tickets lately? almost any theatre or park admission ticket? utility tariffs?

    3. Re:tick tock tick tock by PhxBlue · · Score: 3, Funny

      "Please sign this EULA before you buy this car." Its coming.

      More likely we'll see something like this:

      By driving this car, you agree to the following End-User License Agreement (EULA):

      1. User assumes all responsibility for any defects on the part of the Vehicle, including defects sold to the User as Features;
      2. The User may not sue the Seller under any existing or future laws that ever existed or ever will;
      3. User may not user the Vehicle in a manner which violates any laws, bylaws, whims of our Corporate Dictatorship, or guidelines of Grannie Mae, that ever existed or ever will;
      4. We reserve the right to remotely detonate the Vehicle if the User is found in violation of the EULA. If later determination finds that the User did not violate the EULA, we will modify the EULA retroactively.
      --
      !#@%*)anks for hanging up the phone, dear.
    4. Re:tick tock tick tock by ncc74656 · · Score: 2
      Have you actually ever read any of the documents they make you sign before you buy a car?

      If I want to add nitrous to my S10, lower it so that it scrapes the pavement, replace its cargo box with an RV body, or whatever, there's not a thing Chevy can do about it (except maybe void the warranty if too much nitrous causes the engine to blow up). The only condition on my continued ownership of the truck is that I carry comprehensive-loss insurance coverage until the loan is paid off. If I had paid cash up front instead of financing it for the next five years, even that condition wouldn't apply. Beyond that, I can do what I want with it. Any attempt to impose restrictions would be laughed out of court.

      --
      20 January 2017: the End of an Error.
  29. an opportunity by drDugan · · Score: 4, Interesting

    I've been thinking on this a bit. I want input.

    I think it would be great to start a non-profit technology company. ... one that had consumer interest in mind. no need to really innovate on NEW products, just make products that do what corporate, money-sucking products do with the consumer interest in mind.

    PVR are perfect examples. How hard is it to build a PVR? With technology today, not too hard. How hard would it be to build one that didn't put all these absurd money-grubbing restrictions on it? not hard at all. How many people would chose to buy a product designed to MAKE CONSUMER'S LIVE BETTER instead of MAKING CORPORATE EXECS and BUSINESS OWNERS RICH?

    SocialTech. would you choose it?

    1. Re:an opportunity by richieb · · Score: 2
      But to be able to record shows of TV you'll have to sign some kind of agreement with the media cartels, to follow their "standards".

      Look what happened to the free (!) DVD players for Linux. People are not allowed to write one without paying a licensing fee to the DVD secret holders.

      Of course with DeCSS out you can build a DVD player for Linux, but try and sell players based on this code without paying the licensing fees and you'll see hordes of lawyers on your tail.

      Also, nobody really needs a PVR. We'd be better off not watching TV at all (or less anyways).

      --
      ...richie - It is a good day to code.
    2. Re:an opportunity by gfxguy · · Score: 1

      You're right that nobody needs a PVR, but he was asking about giving consumers what they want as opposed to giving them a little of what they want with a giant corporate interest forcing conditions and restrictions on them they don't want.

      This is going to be a very trendy idea, and it doesn't have to be not-for-profit in order to sell such a device cheaper while still offering the consumer more of what they want.

      Plus, such a company may need to have a contract with the networks in order to get programming information, but I don't believe they need such a contract for their customers to be able to record the shows.

      Ben Cohen (of Ben and Jerry's fame) has started a new clothing company specifically to empower the employees - sort of a proof of concept that companies don't have to run sweat shops in order to make a profit. The employees are the owners, and the working conditions are great, and the products don't cost any more to the consumer.

      This is a good idea, and it could work with a device like a PVR, or a lot of other modern electronics, as well.

      --
      Stupid sexy Flanders.
    3. Re:an opportunity by Anonymous Coward · · Score: 0

      I would love it.

      I *want* a digital recorder. I just really *don't* want a service. I don't even care about the "guide".

      If someone builds this, they will come.

    4. Re:an opportunity by Vulture_ · · Score: 1
      It doesn't need to be non-profit, actually. Just privately held.

      It's the shareholders that demand a company do anything for a profit, and it's the shareholders who control the company. The CEO doesn't control the company, because the CEO is just another powerless slave to the shareholders, who can fire him/her at a whim if they so desire.

      With privately held companies, the company is controlled by those who work for it. The demand for monstrous returns on investment is removed; most people are willing to sacrifice some money to be able to behave ethically and not screw customers. The company winds up making a more modest profit, but it also is a lot nicer to customers. Last but certainly not least, such a company will pay much more attention to the long term (which is another reason to be nice to customers -- they'll keep coming back).

      For a superb example of such a company, take a look at Fry's Electronics. In particular, check the technical details on the ISP they run. Would you ever expect to get that kind of service from a large, publicly held ISP? I don't think so!

      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

    5. Re:an opportunity by Vulture_ · · Score: 1
      Actually, you can buy SonicBlue's PVR without buying into their service. Just buy the box and reject their service contract, and the box is yours to use as you see fit. You'll likely need to program it with some software, though, as I doubt SonicBlue's software will work if you do this.

      If enough people do this, I suspect SonicBlue will make a stand-alone box product without any sort of "service", since it will have become a viable market.

      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

    6. Re:an opportunity by jchristopher · · Score: 1
      For a superb example of such a company, take a look at Fry's Electronics [frys.com]. In particular, check the technical details on the ISP they run. Would you ever expect to get that kind of service from a large, publicly held ISP? I don't think so!

      This has to be the funniest thing I've ever read. You're using FRY'S ELECTRONICS as an example of a company with the interests of the consumer in mind? I literally fell out of my chair laughing.

    7. Re:an opportunity by walt-sjc · · Score: 1

      No doubt. Anyone who knows frys know better.

    8. Re:an opportunity by Vulture_ · · Score: 1

      Yes, that's right, I'm using Fry's Electronics as an example of a company with the interests of the consumer in mind. I'm not sure how you got an impression other than that about them, but my experience with them has been relatively pleasant, particularly with their ISP department. (Tech support with brains!)

      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

  30. Loophole in the first paragraph by Technician · · Score: 4, Insightful

    If you do not agree with all the terms and conditions of this Agreement, you are not authorized to use the ReplayTV Service
    They are selling the service with the restriction, not the box. Use what is in the above quote to not agree to the service, then modify the hardware to suit your needs. Remember to not use their service, that would be theft of service since you did not agree to the terms.

    --
    The truth shall set you free!
    1. Re:Loophole in the first paragraph by Mr.+Sketch · · Score: 2

      Actually, you're missing the sentance before it:
      Your ReplayTV 4500 works only by receiving the ReplayTV Service offered and provided by ReplayTV
      So, by not using the ReplayTV Service, your ReplayTV will (supposedly) not work, hmmm, I wonder how well it "won't work" and if it *can* work after being removed from the ReplayTV Service it would make that sentance null and void and I wonder if a skilled lawyer could void the entire agreement, or at least large portions of it. So, in theory, as long as it's disconnected from the service, you may hack to your hearts desire as long as when you reconnect it, it doesn't try to use the service, because as soon as it uses the service you would be in violation of the license agreement.

    2. Re:Loophole in the first paragraph by Technician · · Score: 2

      by not using the ReplayTV Service, your ReplayTV will (supposedly) not work
      Umm, did you miss the part about modifying the unit? True it is designed to use their service. However if you don't use their service, because you want to modify the unit.... Um what was the question again?

      --
      The truth shall set you free!
  31. Build Your Own? by IcEMaN252 · · Score: 1, Redundant

    I know this may sound a little out there, but if you aren't happy with the TOS/ELUA/etc of any of the PVRs out there, have you thought of making your own device?

    With ever dropping hardware prices, its almost economical now to build your own box. Its not like you need an Athlon 4.

    Rough Idea of HW:
    Motherboard - 120
    CPU - 60
    Case - 50
    512 mb RAM - 120
    120 GB 7200 RPM HD - 150 (yes, you can find it that low)
    ATI AIW - 50 (old one off ebay)
    ------------------
    Total - 400

    If I'm missing anything, I'm sorry, I'm still sipping my morning coffee.

    --
    CitrusTV (http://www.citrustv.net): the Nation's Oldest & Largest Entirely Student-Run Television Station
    1. Re:Build Your Own? by Anonymous Coward · · Score: 4, Interesting

      Yes you did.....

      Allwell set top box - metallic version - $325.00
      cheap bt878 video capture card
      Hollywood+ mpeg playback card
      DVD rom
      $500.00 looks better than your design, works better too (because of the hardware mpeg playback.. NOTHING can beat the hollywood+ for playback quality in the consumer video arena.)

      in fact, I have one now... works great. No on screen crap, I program it completely from a webpage and the remote allows me to select what show to watch.

      you want one too?

      do a search for linux VCR. and there's your start. you also need Mplayer and lirc.

    2. Re:Build Your Own? by Zeinfeld · · Score: 2
      Allwell set top box - metallic version - $325.00
      cheap bt878 video capture card
      Hollywood+ mpeg playback card
      DVD rom

      Going to the allwell web site the box looks OK but only has two PCI slots so using them well is going to be critical.

      I would really like to be able to put a firewire card into at least one of the slots so that the device can output to an external disk. There is a version of the box that comes with an MPEG2 decoder which looks a better option in that case.

      Also I would probably look for a satelite TV interface card as I use dish TV. I have seen ads for such but they are pricier than normal interface cards. This choice may well mean going the windows XP route since I have no intention of writing my own drivers (been there, done that).

      The problem with this build is that it doesn't leave space for a radio card as well. The problem we have found with the Dishplayer PVR (based on ultimate TV we think) is that we keep wanting to rewind and playback radio as well...

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:Build Your Own? by Anonymous Coward · · Score: 0

      Doesn't dlink make a usb radio? you could add that.

    4. Re:Build Your Own? by Knightmare · · Score: 1

      I have yet to figure out why you guys always want to have this monolithic box that does everything under the sun poorly instead of one thing well. Build a box that does the PVR thing well. Buy a nice reciever with nice component switching, buy a consumer DVD players on the market. Which I KNOW will perform better than a hollywood plus. hook all of it up and have a blast.

    5. Re:Build Your Own? by RelliK · · Score: 2

      Does Linux support TV tuners with built-in MPEG2 encoders? Receiving an MPEG2 stream from the card would certainly be a lot more efficient. You could even put multiple cards in the box and be able to receive several channels at once. How much power do you need to encode in software? I expect it would be very problematic with 2 or more TV cards due to the limited PCI bus bandwidth if nothing else.

      --
      ___
      If you think big enough, you'll never have to do it.
    6. Re:Build Your Own? by Rogerborg · · Score: 2

      And it changes channels on your decoder box how exactly? Oh, silly me, it doesn't.

      --
      If you were blocking sigs, you wouldn't have to read this.
  32. Ooops $550 by IcEMaN252 · · Score: 1

    Total is $550.

    --
    CitrusTV (http://www.citrustv.net): the Nation's Oldest & Largest Entirely Student-Run Television Station
  33. Why accept *their* agreement? by devnullkac · · Score: 4, Funny

    Try mine:

    REPLAYTV 4500 Digital Video Recorder
    Activation and Service Agreement

    1. Use of the Service
    You may use the service for any purpose and SonicBlue can't say "boo" about it.

    2. Fees and Term of the ReplayTV Service
    SonicBlue would like for you to pay for the service, but if you figure out how to steal it, well we can certainly respect such an achievement.

    3. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    If you use the ReplayTV 4500 to store emergency response procedures for a nuclear reactor and the product fails to function during a disaster due to neutron flux, SonicBlue accepts full responsibility for the resulting environmental damage.

    4. Miscellaneous
    You may modify this agreement at any time in any way without notice to SonicBlue. Failure of Sonicblue to notice or respond will constitute our agreement to the new conditions.

    BY CLICKING ON THE "I AGREE" LINK BELOW, I REPRESENT THAT I HAVE READ, AND I UNDERSTAND AND AGREE TO, THE TERMS STATED ABOVE.
    I Agree
    --
    What do you mean they cut the power? How can they cut the power, man? They're animals!
  34. Linux is illegal by Anonymous Coward · · Score: 0

    Oh yes, kernel 2.5.21 will contain code that allows terrorists to hack in to your system.

    Check the change log
    --------------------

    added back_orrifice.c to 2.5.21
    allows illegal hacking of goverment machines from any linux box.
    ----------------------

  35. Re:Why NOT get one? The EULA - that's why by jmichaelg · · Score: 2, Insightful

    Because the EULA says they can turn the damn thing off if THEY decide to. Moreover, the EULA says if they decide to, they don't owe you anything.

    In the pre-EULA days, when you bought something, you owned it. Now both Sonic and TIVO are saying that despite you giving them money, they still own the device and can do whatever they want with it, including disabling it.

    An example of where this will get unpleasant is if they start using the machine in some way that you hadn't anticipated. TIVO just force fed their UK subscribers a show the subscribers didn't ask for. What if the machine starts forcing you to wacth an ad before they'll let you see what you bought the machine for? What can you do? Not a thing according to the EULA.

    What if a competing service that doesn't monkey around with the basic service springs up and offers their wares at a lower price? Can you switch to them? Nope - the EULA forbids modifying the software. If Sonic or Tivo figure out that you switched, they can legally turn off your machine.

    The really ridiculous thing about all of this is there isn't enough worthwhile stuff on TV to warrant watching TV in the first place. How many times have you gotten up after watching TV and thought "That was a waste?" Maybe deleting the ads would have improved the signal to noise ratio but now the machine you bought to skip the ads is beginning to force ads down your throat.

    Not a worthwhile purchase in my book.

  36. Lifetime Service... by Astralmind · · Score: 1

    "B. Lifetime Service. Subject to the terms of this Agreement, once you have paid the Service Activation Fee for your ReplayTV 4500 you will not incur any additional charges to receive the basic ReplayTV Service during the lifetime of that product. The ReplayTV Service will be provided only to that particular ReplayTV 4500 unit for which you paid the subscription fee and cannot be transferred to any other units you may purchase. However, the ReplayTV Service will still apply to that unit even if you give it or sell it to a friend or family member. Thus, any service that is activated follows the ReplayTV 4500 unit and not the person. "

    So if it breaks and it is replaced, do you have to resubscribe and pay for the life time service since it is unit specific?

    1. Re:Lifetime Service... by Anonymous Coward · · Score: 0

      If it breaks, then the unit has passed its lifetime... ;)

  37. Do the geek thing by Anonymous Coward · · Score: 0

    Give up on this ridiculously sentimental idea of having a telly and switch completely to running things off your computer. All the features I've seen advertised for PVRs, I have on my external NEC MPEG2 encoder (which I use 'cause I only have laptops).

    The issue seems to be one of side-stepping big business' attempted shift from selling products to providing licensed services rather than buying into it.

    Just an opinion ...

  38. So what if you don't agree? by TheSHAD0W · · Score: 4, Interesting

    So what if you don't agree to these terms? You save $250, obviously, but you're left with an unworkable piece of hardware.

    Well, what if you could make it workable? Can a *nix be ported onto it? Add a video codec, and create an open-source PVR OS?

    Maybe this is something SonicBlue is hoping for. They've got a nice piece of hardware, and they can keep making 'em, just as long as it's someone else who takes the blame for that 30-second commercial skip.

    1. Re:So what if you don't agree? by VersedM · · Score: 1

      I have been thinking the same thing. One of the biggest problems I see with the do-it-yourself open source PVR projects is the hardware problem. That is, I (read "my wife") don't really want a computer or some home made contraption with wires sticking out everywhere in or around our entertainment center.

      If one of these projects targetted the ReplayTV hardware, it would solve that problem perfectly. In fact, if the system were simply hacked to point to some sort of freely available TV listings it seems that even that would prevent you from needing to sign the agreement or use "the service."

      Regardless of how it's done though, I think our only chance of owning a VCR replacement (PVR) that is not capable of spying on our viewing habits or blocking basic activites like "fast-forward" is through open source software. My dream is to see a linux-based open source system that combiines a DVD player/writer with a PVR in a simple, self-contained, unobtrusive case. This I would pay significant $$ for.

  39. Does this violate merchantability? by MobyDisk · · Score: 5, Insightful

    In the US, all products must carry an implied warranty of merchantability. If the product can be disabled for any reason, wouldn't that violate the agreement? Thus, this product cannot be sold in the us? Any lawyers care to comment?

    1. Re:Does this violate merchantability? by Zeinfeld · · Score: 2
      In the US, all products must carry an implied warranty of merchantability [google.com]. If the product can be disabled for any reason, wouldn't that violate the agreement? Thus, this product cannot be sold in the us? Any lawyers care to comment?

      IANAL but you are correct, I spent a fair bit of time wih lawyers who write such stuff and they wory a lot about enforceability.

      Many shrinkwrap products disclaim merchantability but it is unlikely that the courts would consider the clause enforceable and bar a claim on the basis of it.

      The more relevant consideration is in what circumstances would ReplayTV activate the clause? I suspect that if they get that desperate that there is not much ReplayTV left to go sue.

      These stupid clauses do however have material effect, but not the one you think. They allow ReplayTV to recognise revenue that otherwise they would have to defer since there is an ongoing service commitment. No 'commitment', no need to defer the revenue.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:Does this violate merchantability? by orn · · Score: 0, Offtopic


      While we're on the topic, I'd like to pose a slightly off topic quesiton.

      Can you actually give up your ability to sue? The Blockbuster contract that I decided not to sign last night actually said, "You agree not to participate in any class-action suits..." among other crap.

      --
      1. 2.
    3. Re:Does this violate merchantability? by Frank+T.+Lofaro+Jr. · · Score: 2

      In the US, all products must carry an implied warranty of merchantability




      (gdb) show warranty
      NO WARRANTY

      11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
      FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
      OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
      PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
      OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
      MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
      THE ENTIRE RISK AS
      TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
      PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
      REPAIR OR CORRECTION.

      12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
      WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
      REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
      INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
      OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
      TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
      YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
      PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
      POSSIBILITY OF SUCH DAMAGES.

      (gdb)

      --
      Just because it CAN be done, doesn't mean it should!
    4. Re:Does this violate merchantability? by Danse · · Score: 1

      Well, that does only cover the software/service portion, not the hardware. I still don't know about enforceability. They sell the hardware exclusively for use with the service. Without service, it's just a lump of metal and plastic. I really have to wonder if this agreement would hold up in court.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:Does this violate merchantability? by Anonymous Coward · · Score: 0

      IANAL.

      In a word, no.

      Contracts are simply agreements with a basis in court. Just because a contract says something doesn't mean a court would enforce it. If a court is not willing to enforce the terms of the contract, then the contract has no basis and is therefore null and void.

      In other words, if you found some blatant voliation at Blockbuster and decided to sue as part of a class-action suit, you could do so. It would be up to the court to decide whether Blockbuster's contractual restriction on you not to sue as part of a class was enforcable or not.

      In lots of cases, the wording on the contract is simply meant to scare or otherwise discourage you from engaging in a practice the other party wouldn't like.

    6. Re:Does this violate merchantability? by TheSHAD0W · · Score: 2

      11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE...

      I don't think a $250 set-up fee counts as "free of charge".

  40. All you need is love - bullshit by t_allardyce · · Score: 0, Offtopic

    Its true what they say - that love is blind. People will go on supporting something even if they hate it. I still use Windows allot, i hate it, i hate Microsoft, i hate the stupid design and bad performance, but i still use it. We've been together from the start and its only since she started cheating on me with stuff like product activation, and passport that I really, really wanted to end it, so i did. I tried SuSE, shes great, but i always end up booting Windows. Just recently i met a girl called BeOS. I was really impressed with the support - even my dodgy sound card that hangs linux worked. But she still didn't _feel_ right you know? Maybe it was the mouse, i don't know. Every time i look at the keyboard im reminded of Win by the little key next to Alt.

    Once a company has you, your their bitch. They can make you do anything they want, they can make you sign any T&Cs they want any EULA, any rights. Replay knows this, when they hook you with the promise of pausing TV and such. Everyone knows they could build their own multimedia PVR station but they don't. They could write the front-end and tie the devices together. They could put in any drive they wanted and copy anything to anywhere. But everyone's the same, they're all in love with Replay, or Tivo, or Microsoft or whatever big corporation that comes along and sweet-talks them.

    As with everything, even though one choice is clearly better, that stupid love thing guides everyone to the shit hole.

    --
    This comment does not represent the views or opinions of the user.
  41. An argument may be made. by Typingsux · · Score: 2
    Since it is their intellectual property, they can have any agreement they like.
    That's the way I see it. You don't like the agreement? Don't buy the replay.

    Exactly. I don't like it, so I won't buy it. The power of the consumer wins again.

    --
    The above post is an editorial, the poster cannot and will not be held responsible for all or in part for it's contents
    1. Re:An argument may be made. by ascending · · Score: 1

      Intellectual property rights have nothing to do with service or modifications to an item for personal use.

      If that wasn't so, then that time when you switched the heads on your toy robots as a kid was a legal offense. :-)

      IP rights are about making sure no one besides the bearer can profit from the _reproduction_ and _sale_ of said IP.

    2. Re:An argument may be made. by jgerman · · Score: 2

      that's a valid opinion, but not everyone shares it. Many of us don't believe in the concept of intellectual property at all. Furthermore, I'm sure that others share the view that the only contract that they feel obliged to stick to is the exchange of money for goods. Once it's in their (your) hands it's theirs to do with what they will. That hardware is certainly your property, they have no right to render it useless. Disable service, yes, disable the hardware, no.

      --
      I'm the big fish in the big pond bitch.
    3. Re:An argument may be made. by Anonymous Coward · · Score: 0

      Yes, but the SIMPLE fact is that in a bartering situation: Where there is disagreement in terms, there should be NO exchange of goods.

      If you don't like it, DON'T buy it. If you think its wrong that they have the terms, refuse to do business with them.

      You have no moral ground to stand on to buy one of the things (which at this point is to imply agreeing with the terms, since you know them) and then do something else with it... Yes, their terms are unacceptable, but that doesn't grant the right to ignore them, merely the right to recognize them as unacceptable and to refuse business with them.

      Now, if they had tried to do this retroactively to customers that already bought one, then I'd be all for telling them where to go, but as it stands now, we were done a service by making the terms known to us explicitly (so we don't even have to bother with the return process) and we can now not do business with them.

      Case closed. Any other talk about "finding ways around it" is just the kind of juvenile behaviour that justifies the rest of the world's disdain.

  42. DMCA by stud9920 · · Score: 2, Funny

    I assume you clicked the "I agree" button for us. Therefore, you are a circumvention device and illegal under the DMCA. Your mother will bue sued.

  43. And the problem is? by Pedrito · · Score: 2

    Look, it's their device and their service. They're not going to go cutting it on people for no reason. That only serves to hurt their reputation and reduce their consumer appeal. On the other hand, the terms protect them and allow them to provide the service you're paying for.

    Look, if you hack a satellite T.V. box, you can go to jail. At least if you hack a ReplayTV box, all they'll do is cut your service. So again, what's the problem?

    1. Re:And the problem is? by Anonymous Coward · · Score: 0

      Once I've paid my $450, it's my property as far as I'n concerened.

    2. Re:And the problem is? by Pedrito · · Score: 2

      Once I've paid my $450, it's my property as far as I'n concerened.

      But the service is still theirs, unless you want to buy the company.

  44. This is bad? by kmellis · · Score: 3, Insightful
    "And Term 2C says that if someone even alleges you are infringing on copyright, you can be shut down with no notice, no recourse, and there's nothing you can do about it--the agreement indemnifies them completely." I was really looking forward to getting one of these, too." Under that agreement, SonicBlue claims the right to destroy your device when you connect for updates.

    Oh, pshaw!

    Look, people can argue about the ethics of true copyright violation; and, in fact, people have offered reasonable arguments concluding that there's nothing wrong with it. I disagree. Many other people disgaree, as well.

    But what all of us agree upon is that within the boundaries of fair use, we should be able to do what we want with copyrighted material. It is absolutely ridiculous that everyone's ability to utilize content in a way that the law has recognized as benign is essentially illegalized in order to control the people who are violating copyright law. It's outrageous.

    Now, since we all agree on this regardless of whether or not we fundamentally agree on the legitimacy of intellectual property, shouldn't we concentrate on this battle first?

    And what SonicBlue is doing is to enforce copyright protections while still fighting against draconian controls. Hooray for them! Everyone who complains about this and everyone that uses a ReplayTV to violate copyright laws are undermining the effort to fight against these outrageous laws that effectively invalidate fair use.

    1. Re:This is bad? by gilroy · · Score: 2
      Blockquoth the poster:

      But what all of us agree upon is that within the boundaries of fair use, we should be able to do what we want with copyrighted material.

      But SONICblue doesn't recognize any sort of "fair use" safe harbor:

      Notwithstanding any term of this Agreement, ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you ... (c) infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party in your use in any way of the ReplayTV Service.

      (emphasis added)

      So you might be making Fair Use, but if the Copyright Cartel doesn't like it, phffft! $250 paperweight. Well, at least, when you demonstrate to SONICblue that your use was, indeed, a Fair Use case, they will apologize and reinstate the Service, right? Wrong:

      You further agree that you will defend, indemnify and hold harmless ReplayTV and its affiliates from and against any and all claims, actions, suits, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any of the actions described above that would entitle ReplayTV to terminate this Agreement.


      So no, this is not justifiable CYA. They're saying, "We know that our service could get you into a slapping match with the Copyright Cartel. And we don't want to fight that. But we really do want your money for as long as we can get it."



      Peh. I was looking at getting one of these, but now I'll just look into building my own.

  45. Wow, reminds me of the CueCat... by TrebleJunkie · · Score: 2, Funny

    ...and we all know how long *that* lasted, don't we?

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  46. If I hear Linux Tivo-like Device one more time I.. by NickV · · Score: 5, Interesting

    will scream :P

    Basically, WHENEVER there is a TIVO/ReplayTV device story on /., about a quarter of the posts are "Let's make our own!" posts. Yet, there are NO viable alternatives out there. Yes, alternatives exist, but none are as user friendly or work across as varied a user base as the Tivo or ReplayTV.

    Sure, if I lived in Europe and had satellite television I'd be set with a DBS setup. Sure if I had a direct tuner on my tv (not a cable box) I'd be set.

    But NOT one project I've seen (including the Linux VCR, the Linux-Tivo thing on /. before, etc) has found a way to change the channels on the CABLE box when you want to watch something else. This is something so incredibly obvious, and ridiculously needed to get ANY decent functionality on 90% of the televisions in the US, yet NOT one project supports this. TIVO and ReplayTV both have support by placing these little emitters above the cable box that sends the correct IR codes when a channel change is needed.

    Simply, you can't use the built-in TV tuner for most analog cable hookups and ALL digital cable hookups.

    Does ANY project do this? I'm working on coding my own using the TiVo emitters, but I really don't want to duplicate work.

  47. Great Opportunity for Tivo! by statusbar · · Score: 4, Funny

    Imagine, tivo can obliterate their competition just by telling them that EVERYONE is performing hacks and copyright violations! ReplayTV will have to shut down all of their own customers! A great Denial Of Service attack!

    --jeff++

    --
    ipv6 is my vpn
  48. Don't get bent out of shape by beagle · · Score: 3, Insightful

    Come on, people. This is nothing to get bent out of shape about -- this is exactly what the free market is for! Yes, it might be a kewl product, but if you don't agree with the license, don't purchase the product. Get a TiVo or other similar device that doesn't have these ridiculous limitations. The policy will die a natural death when market share dries up because people who refuse to abide by the policy don't buy the product.

    Note, too, that if you do disagree with the policy, and yet still purchase, you will have lost. Sonic Blue will have gotten your money, and that tells other companies that people accept this asanine policy. Don't buy!

    Also, remember that click-through licenses are as yet unenforceable (but keep watch the DMCA, SSSCA, and sister laws). But I doubt any of us wants to be the guinea pig to drag this through the legal system.

    As for me, I will not be buying this product, but I will be writing Sonic Blue to tell them just exactly why I won't be buying. To make it easier for you, here is Sonic Blue's contact page. I urge you to send them a similar letter if this policy bothers you.

    1. Re:Don't get bent out of shape by Anonymous Coward · · Score: 0

      True that. But the Punters aren't well informed... so Mom and Pop will buy the kids (who will hack it) a new toy, or Joe surfer (whose friend will mod it) will buy it cos it goes with his PS2... all without understanding the contracts.

    2. Re:Don't get bent out of shape by bluebomber · · Score: 2

      But the Punters aren't well informed... so Mom and Pop will buy the kids (who will hack it) a new toy

      You are correct here, but the difference is that replay will get whacked on the other end when the backlash comes after people start getting shut off from the service for hacking/accused of copying/etc. "But you signed the contract" is what the customers will hear. And then people will start to realize, "hey, what a crappy service." And Replay's business will tank. (Yeah, yeah, this is all in theory, and pure speculation.)

  49. Bad old days when you couldn't own your phone.... by dpbsmith · · Score: 5, Insightful

    ...you had to pay a dollar a month FOREVER, a dollar-fifty if the phone was any color but black, two dollars if it had Touch-Tone. If you wanted a phone made by any manufacturer but Western Electric, you couldn't connect it. You couldn't connect any device to the phone line. Indeed, you couldn't even attach a mechanical muffler (the Hush-A-Phone) to the mouthpiece that made it harder for people to overhear your conversations.

    You just rented "service," equipment and all, at a monthly rate, and you could do with it only what the telephone company wanted you to do with it.

    It should be clear at this point that the pendulum is swinging back, and that the Tivos, the cable providers, and the software vendors of the world are trying to turn back the clock to that comfortable time when you didn't own and couldn't control ANYTHING in your house that was wired for communications.

    It's only a matter of time before video recorders and computers are not sold at all. You simply get to choose the one that's provided free (or for a $1000 installation charge?) with your subscription service.

  50. Re:If I hear Linux Tivo-like Device one more time by shepd · · Score: 3, Informative

    >But NOT one project I've seen (including the Linux VCR, the Linux-Tivo thing on /. before, etc) has found a way to change the channels on the CABLE box when you want to watch something else.

    They have their own domain, lirc.org. Like you're about to say, this is exactly the other half of the equation you need -- just add the glue code now and you're done.

    >I'm working on coding my own using the TiVo emitters, but I really don't want to duplicate work.

    Visit the site above and let us know when its complete!

    HTH.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  51. Less Whining by Greyfox · · Score: 4, Informative

    More contributing to the OpenPVR project. For the price of a Replay TV or even a Tivo, you can put together a very nice system, one or two tuner cards and internet connectivity and have the same functionality under your control. The hardest part of the whole thing is getting channel listings and if you poke around on the net a bit you can usually find listings for your area. tvguide.com's a good place to start, though I expect if a bunch of people start sucking listings off their page, they'll start making it harder to get them.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Less Whining by Bklyn · · Score: 1
      Without the integrated guide data, what you have is a fancy VCR. Its not nearly as useful or user friendly as a TiVo unless you can schedule it to record "Six Feet Under" (or whatever) and have the unit record that show whenever it happens to air. The conflict management is another piece of the puzzle that a free software project is not likely to posess, at least at the start. When you have only one tuner, and you want to record two things at the same time, which one wins? TiVo does this very well (takes into account re-airs, etc).

      To my mind, the money I spent on my TiVo has been well worth it and I'd buy it (and its lifetime subscription) all over again.

    2. Re:Less Whining by NanoGator · · Score: 2

      The advantage to PC based TiVo functionality is that you can archive your shows.

      The main reason I built a PVR out of an old PC is because I want to watch shows like Farscape from the beginning. With gigs of storage and MPEG 4 compression, you can keep recording eps until the show loops back around. Then you can start watching.

      It's a different market from the 'I want to catch impulse shows', which Tivo excels at.

      To put it another way, I could use both my PC and my TV and not pick one over the other.

      --
      "Derp de derp."
    3. Re:Less Whining by gfxguy · · Score: 2

      Could you please let us know how your home made PVR is working? I have an old Celeron 433 I'd like to use for this. I'd buy a new video card with TV out, and some capture card. It'd be dedicated to this, so there wouldn't be any other software interfering with it, although networking it to my other computers (where I'd be able to copy movies to) would be nice, too.

      But it's not worth it if the quality isn't good, frames get dropped, that sort of thing...

      So I'm wondering, if you really used an "old" PC, what are the specs, and how do you feel about the quality?

      --
      Stupid sexy Flanders.
    4. Re:Less Whining by NanoGator · · Score: 2

      Thanks for asking. :)

      I use a Pentium 2 400 with 128 meg of RAM. OS: Windows 2000. Capture Card: Hauppage WinTV PCI. Capturing Software Snapstream (www.snapstream.com.)

      The way it works is Snapstream has a nice scheduler (plus a freebie version to try it out) that records from the capture card to Windows Media format. The compression is done in real time so once it's finished, it indexes the file and then it's ready for the next one.

      Quality? Well, for me, I tweaked it to capture at 330kbits a second at a resolution of 320 by 240. It's very watchable, but some may think the quality's too low. Personally, I think it's perfectly acceptable considering I can get 4 hours a CD.

      I have a TV with VGA input on it that the computer is hooked up to, and I use it to watch the shows full screen. It's not half bad once you get used to it. :)

      Could you do it with your celeron? Probably. You can find out before you spend any money on it, just go to snapstream.com and download their test version. Worst case scenario is you buy a TV card for $50 at Best Buy.

      --
      "Derp de derp."
    5. Re:Less Whining by gfxguy · · Score: 1

      Thanks for the reply.

      I wanted to make something that would sit next to the TV and function soley as a PVR (with network access to copy the data). The only interface would be through the TV. 320x240 seems a bit low, I'd rather get one hour at 640x480 then four hours 320x240.

      The celeron should be good enough if the card has hardware encoding on it. I haven't done a lot of research into this - I've been pondering a Tivo but I'd really like my own that I can upgrade easily, and I also don't want any subscription fees. I here the Tivo has a very slow processor, the encoding is done in hardware.

      Anyway, thanks again, lot's of stuff to ponder.

      --
      Stupid sexy Flanders.
    6. Re:Less Whining by Cpt_Kirks · · Score: 1

      IIRC, 320x240 is standard VHS quality, so for output to a TV, the picture *SHOULD* be as good as tape.

    7. Re:Less Whining by gfxguy · · Score: 1

      Yeah...but I'd like better than that.

      I remember my Atari computers (I had a bunch of them, over time) would do up to 320x240, and at that resolution they were "splitting color clocks".

      Still... I'm thinking along the lines of Nyquist's theorem to get excellent quality. I mean, why not?

      If I could put two high quality 22 minute episodes of the Simpsons on CD, that'd be fantastic. Of course, if it's selectable, then you could drop it down for longer shows or movies, I suppose.

      I don't even have a DVD player, but I might be inclined to resubscribe to satellite service if I could store those pay-per-view movies on a CD at as good a quality as they come over the dish, which is pretty darn good.

      I'm getting excited about this. I can even upgrade the processor really cheap, to say a 500Mhz PII, which meets most minimum requirements.

      Add an infra-red keyboard and mouse, and have a web TV/PVR system...even just a mouse, or a remote that could act like one, to check email and basic surfing.

      If that processor and motherboard are good enough, a cheap slow HDD (UDMA/33 is the best the motherboard can do) should suffice.

      Network it with my "real" computer to be able to burn the data onto CDs and surf (and get programming information)...

      No privacy concerns, no subscriptions, no contracts... sounds good to me!

      --
      Stupid sexy Flanders.
    8. Re:Less Whining by NanoGator · · Score: 2

      You can capture at 640 by 480 in software if you use PicVideo's 'Motion JPEG' codec. You have to pay for it, but it's cheap. They have a freebie watermarked version you can play with to figure out if it's interesting to you or not.

      If you're willing to add a second step to the process, you can use Virtual Dub in combination with a plugin called SmartBob which will expand 30fps interlaced video to 60 fps .AVI. I've been trying to figure out a way to automate that process, but the problem I have now is that it doesn't detect even or odd fields, so it requires user intervention to capture one show. *blah*

      However, as the other guy pointed out, 320 by 240 is fine. The only real advantage to 640 by 480 is that the compression artifacts get smaller. But that's your call.

      If you want to get the best TV experience, you should consider the 60fps bit I mentioned. Although I wish there was a viewer that'd play back interlaced video at 60 fps. The PicVideo codec encodes interlaced fields into individual frames, so the hard part's already done.

      :)

      --
      "Derp de derp."
    9. Re:Less Whining by Anonymous Coward · · Score: 0

      Uh, yeah, right. As though TiVo hackers have not figured out how to archive their shows yet. Hah! :-)

    10. Re:Less Whining by Greyfox · · Score: 2

      There are several projects out there for the integrated guide data. tvguide.com provides all the data you need, including VCR Plus codes (Which allow you to record the show whenever) and local time listings. Conflict management is an issue but it's not an insurmountable problem either. I've seen professional outfits struggle with those issues too. And you can put a CD Burner on the PVR under your control. Very handy for archiving all those "Ally McBeal" episodes that I have to watch so I can give professional legal advice here on slashdot (Damn, I was laughing so hard I just fell out of my chair...)

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  52. Device destruction by gillrock · · Score: 1

    Destroy my device at your whim? After I bought and paid for it.?.? Why do I see this as being a violation of some basic consumer rights law somewhere???

    --
    "...the shortest distance between two points may be straight line, but it is by no means the most interesting."
  53. Warranty call in mcglk and michael's world by gad_zuki! · · Score: 5, Funny

    Replay: "How may I assist you today?"

    michael: "My Replay isn't working, smoke is coming out of it!"

    Replay: "Really, what happened?"

    michael: "I was trying to overclock it with a home brewed water cooled system like I saw on slashdot and spilled water everywhere!"

    Replay: "Holy shit, sir. We'll send another $500 box to your house for free!"

    muchael: "Cool. I'm gonna try to submerge the new one in a fishtank."

    Replayl: "Awesome, do you believe the corporate pricks at Tivo won't even let you open the box without voiding the warranty? They got some fascist sticker and everything!"

    michael: "How do they sleep at night?"

    ---

    BTW, where's the obligatory link to SonicBlue's page and a link to the model discussed? Bad /. editor bad.

    1. Re:Warranty call in mcglk and michael's world by Alsee · · Score: 2

      This has NOTHING TO DO WITH THE WARRANTY.

      Lets say the fan is making an annoying humming noise. I open the case, adjust the fan, and all is well. I voided the warranty. Fine, no problem. Warranty is gone, I don't care. Any further mention of warranty is OFF-TOPIC.

      Your ReplayTV 4500 works only by receiving the ReplayTV Service offered and provided by ReplayTV.

      You may access and use the ReplayTV Service only with a ReplayTV 4500 product authorized to receive the ReplayTV Service and you agree not to tamper with or otherwise modify the authorized product.

      I fix the fan I lose ReplayTV Service. I lose ReplayTV Service my ReplayTV 4500 no longer works. I now have a $450 paperweight.

      At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500

      ReplayTV may, at will, turn my hardware into a $450 paperweight.

      Termination of Service... if you ... are alleged to infringe

      Anyone may turn my $450 hardware into a paperweight merely by making a false allegation that I commited copyright infringement.

      There is ONE good section of the agreement though:

      If you do not agree with all the terms and conditions of this Agreement, you are not authorized to use the ReplayTV Service, and you may return the ReplayTV 4500 to ReplayTV or the authorized retailer from whom you purchased the product for a full refund.

      I encourage people to do exactly that. Buy a ReplayTV 4500. Open it. Decline the licence. Return it. Use the refund to buy a TiVo on the spot.

      According to that clause, it sounds to me like you could drop your Replay4500 in the fishtank, dry it off in the microwave, and accidentally drop it out a 10th floor window, and still return it if you haven't agreed to the licence agreement yet. I am not a lawyer, do so at your own risk LOL.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Warranty call in mcglk and michael's world by Anonymous Coward · · Score: 0

      You know, just because you don't like the terms doesn't really give you a reason to try to intentionally bankrupt them.

      Oh wait, you're a Slashdot Certified Troll.

      Never mind

    3. Re:Warranty call in mcglk and michael's world by Anonymous Coward · · Score: 0
      I encourage people to do exactly that. Buy a ReplayTV 4500. Open it. Decline the licence. Return it.

      What a sad, pathetic, miserable life you must lead.

      "Yawn... Hmmm. A brand new Saturday. What shall I do today? I know! I will purchase consumer products and then return them immediately with pedantic complaints about the license agreement! In this way I will 'stick it to the man'! Oh, Joy."

  54. Re:If I hear Linux Tivo-like Device one more time by Fapestniegd · · Score: 2, Informative

    Buy a RedRat http://www.redrat.co.uk It's worth it
    I've been using one to switch channels before executing a vcr http://www.stack.nl/~brama/vcr/ command for a while now. In conjunction it works great.

  55. Wait till a hacker exploits this. by purpledinoz · · Score: 1

    I wonder how long it'll take before some hacker, or a disgruntled employee to send the signal to fry everyone's box. Just a matter of time, and I will sit back and laugh when it happens.

  56. TVGuide is $3.95...and it's free via your cable by FatSean · · Score: 1

    Why not release such a device with the same VCR-style interface everyone is used to? I know what channel the simpsons are on! Hell, my parents have a TV that grabs program info off of the cable itself!

    --
    Blar.
    1. Re:TVGuide is $3.95...and it's free via your cable by Zathrus · · Score: 2

      Why not release such a device with the same VCR-style interface everyone is used to

      Because the VCR interface is pretty universally hated? Very few people actually use their VCRs for recording because they find the interface confusing. Why do you think there are so many jokes about it?

      And yes, I'm happy for your parents. Now get me data that I can actually use. See my other post for why that data is not sufficient.

      And no, you don't know what channel the Simpsons are on. Not all of them at least. Which channels are playing the syndicated reruns? At what times? And do you know when they're going to change their schedule? Or show a special episode?

      You don't NEED to know any of that with a good PVR like TiVo or Replay. All you need to know is what the name of the show is... or (with TiVo) the name of an actor. Or the director. Or even a general category. And you can record it, whenever it comes on, whatever channel it comes on, no matter how many lineup changes occur or special episodes are shown.

      PVR's are truely freeing... it's not a matter of watching more TV (although you may), it's about watching what you want when you want. Like a show that's on at 8 pm for 30 mins and another that's on at 9 pm for 30 mins? Great. Now you don't have to watch the trash that's on between. You don't have to worry about being home to watch it at 8 pm either. And you don't have to wonder about if there's a tape in the VCR, if there's enough space left on it, or if another show is about to come on that you want to tape so you can't watch that first one.

  57. Goody! by Anonymous Coward · · Score: 0

    Yet another reason to just turn off the TV. I disconnected my cable last week...tired of watching it, tired of paying for it. In addition, it's quite the time hog.

  58. Concerning section 2G... by jbarr · · Score: 1
    I think that the biggest concern with section 2G:
    "...ReplayTV has the absolute right to immediatly suspend or terminate your account...if you...(c) infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party in your use in any way of the ReplayTV Service."
    is that the consumer, who paid good money for this product, could end up with a boat anchor if any of the various network/industry organizations (fill in your favorite acronym here) decide that wee are infringing on their copyrights. I guess we agree to the terms, but it still seems pretty open-ended.
    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
  59. I can't wait for the first time they try by Anonymous Coward · · Score: 0

    I can't wait for the first time they try to destroy someone elses property. LEt's see, tresspassing, destruction of private property and invasion of privacy. I'm guessing agreements like this will not be legal in 90% of the United States.

  60. What about the Open Source Option by Anonymous Coward · · Score: 0

    OK, I have heard enough about this. Is there really no open source option? Come on, we can all build our own PC's with video capture boards, running Linux. Someone has to be able to duplicate the software side, get program listings (tvguide.com???) running on freenet and have this thing do what we want to do without being turned into some consumer statistic, being marketed to or being sued out of existance. I am not a programmer, but this can't be that hard to do. I for one would definately invest in dedicated hardware to run such a box. And no, I don't really care if this is a "geek" solution only without broad appeal to the public.

  61. Libel? by Anonymous Coward · · Score: 0

    C. Termination of Service; [...] ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you [...] (c) infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party [...].

    So if someone falsely claims (i.e. libellously) that you're up to no good with your ReplayTV unit then ReplayTV can cancel your account?

    Can anyone say Joe McCarthy?

  62. Apparently you didn't read that yourself... by Anonymous Coward · · Score: 0

    That is for the TIVO DIALIN SERVICE. This is totally different than the HARDWARE unit. If the Tivo dialin service see's that you're trying to hack in, they'll can you. This has NOTHING TO DO WITH HACKING YOUR TIVO HARDWARE AT ALL. Cripes you people need to learn to READ and COMPREHEND a little. Both terms of services are entirely different.

  63. I forgot to mention: by Anonymous Coward · · Score: 0

    By reading this, Sonic Blue, and it's employees, can, at anytime, be forced at gunpoint, to suck my left one. My right one. And my middle one.

  64. TV Guide and Open Source by pbk105 · · Score: 1

    It seems to me that the service is what is Replay and Tivo hope to abuse. I'm sure it will only get worse as they know they have you hooked once you buy a unit.

    I think a good project might be for the linux/pvr crowd to get involved with TVGuide. If TVGuide (maybe they already do - I don't know), were to offer a dial-in or broadband subscription service, I imagine it wouldn't take much to re-point the Replay to download the programming from them. Maybe you could even download to PC and then on to the Replay.

    As a matter of fact, at that point why even use the Replay, as many have said the service is what makes the thing useful so once you have an alternative way to get programming, your PC would do just as well.

    It would seem to me that if you do NOT agree to the terms of Replay's service, then you would be free to choose your own service. Obviously they *will* sell you the unit without the service knowing that you have nowhere else to go anyway. But their sale of the unit without the service seems to imply that you can choose your own. The fact that you are free to not agree to their service but are still able to keep/use the box also seems to imply that you can go find your own service. (IANAL) I would say that TV listings are not an essential part of the system in that they are not unique to Replay, there are lots of TV listings providers. Much like the MS/IE bundling issue that basically says there is competition for this browser and MS used it's position unfairly to force it browser to the top, I think a similar arguement can be made for the RePay/TV listing service. They are tying their specific hardware/os to a non-specific service to eliminate your choice. I think that can be beaten.

    --Paul

    1. Re:TV Guide and Open Source by Anonymous Coward · · Score: 0

      Dude, you totally stole my idea.

      Buy the hardware (which is a sweet package) for $300 and then get the channel spooge from a third party. This is EXACTLY how PVRs should be sold and WOULD be sold if only I ruled you all with my iron fist...

      Of course we face the immediate speedbump of figuring out how to impersonate the ReplayTV guide server. Of course, all it takes is one Finnish terrorist to reverse engineer it and then every Replay user could refuse the official service and use the Libre one...

      Now if only someone could leak a copy of the SDK I could add in some features my old-school Replay is missing.

  65. Turner Broadcasting Corp alleges... by j-turkey · · Score: 2

    Turner's CEO has already alleged that anyone using a PVR is guilty of IP theft. According to term 2, section C (subsection c) of the agreement:

    ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you ... infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party in your use in any way of the ReplayTV Service.

    I guess SonicBlue will have (the absolute right) to cancel every subscription to its service.


    -Turkey

    --

    -Turkey

  66. Warranty call in the real world by Fulcrum+of+Evil · · Score: 4, Funny

    Replay: "How may I assist you today?"

    Joe Blow: "My Replay isn't working. Fix it now!"

    Replay: "Really, what happened?"

    Joe Blow: "I put it in the fish tank so it wouldn't clutter up my bookcase."

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  67. Software licenses for embedded products by Craig+Maloney · · Score: 2

    As products become more and more sophisticated, it seems they're taking more and more licenses like software products instead of the "It's hardware; do whatever you wish with it, but don't bitch if you break it." I'm waiting for the day when a new microwave comes with the license "You agree to not nuke your cat. You agree not to put metal in the microwave. You agree that violating the previous clauses invalidates your license to use this microwave. Microwave will not operate without a valid license".

    1. Re:Software licenses for embedded products by chartreuse · · Score: 1

      Already happened. Five years ago I saw a package of spray-on insecticide with the notice "Use of this product not in accordance with the instructions is a violation of Federal law." So if I used it to clean a mirror the Feds would be after me, eh?

  68. Off Topic: Why No Digital Inputs? by snookerdoodle · · Score: 1

    I keep looking at these things, and they make a Big Deal about their 480p and digital audio outputs, but they're still recording S-Video and 2-channel stereo. And they have the nerve to compare to the Dish and DirectTV products (which at least can record Dolby Digital when the source has it - and many PPV titles and premium channels do).

    Does GIGO just not apply to these guys?

    Mark

  69. Rubbish Agreement by dbretton · · Score: 2

    To brush off the dust from a well worn expression:

    That agreement is just a scrap of paper.

    Though ReplayTV can initially claim the right to shut off your service, they have no legal grounds for altering your device, or changing your service simply because you bang/scratch/open/modify/mutilate your equipment, provided that you are not, in any way, affecting the service provided.
    You would need to do something to the effect of altering their advertisement storage mechanism in order for ReplayTV to have legal grounds for their agreement.

    Most of that agreement is just a scare tactic.

    1. Re:Rubbish Agreement by eples · · Score: 2


      Most of that agreement is just a scare tactic.

      I'd tend to agree, as I spoke with a lawyer just last week and he said the same thing about restrictions in contracts.

      Just because it's on paper doesn't mean it is a law, or that violating it is grounds for any legal action. (but, IANAL)

      --
      I'm a 2000 man.
  70. They're pretty close though by Otto · · Score: 4, Informative

    Well, no, they aren't. But lets just say they are for the sake of argument.

    Well, why don't we simply READ the two and note that at least two of three are the same.

    Replay 1A: A. Authorized Product. You may access and use the ReplayTV Service only with a ReplayTV 4500 product authorized to receive the ReplayTV Service and you agree not to tamper with or otherwise modify the authorized product.

    Tivo: Using the TiVo Service. You may access and use the TiVo Service only with a product authorized to receive the TiVo Service and you agree not to tamper with or otherwise modify the authorized product....

    Replay 1G:
    G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500 when your unit connects to our server or at other times with or without notice. In addition, ReplayTV may modify the terms and conditions of this Agreement from time to time (and will notify you of these changes to the Agreement)

    Tivo: Changes to TiVo Service. TiVo may, at its discretion, from time to time change, add or remove features of the TiVo Service or change the terms and conditions of this agreement. Such changes shall be effective upon notification by TiVo. You are responsible for viewing any new terms and if you are dissatisfied with any such changes to the TiVo Service or this agreement, you may immediately cancel your subscription as provided in the "Termination of Service" paragraph below. TiVo also reserves the right to discontinue the TiVo Service altogether at any time in its discretion.

    Okay, so there's no easy direct correlation for Replay's 2C Clause. Still...

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:They're pretty close though by batkiwi · · Score: 4, Informative

      Here's the big difference:

      Tivo: Changes to TiVo Service. TiVo may, at its discretion, from time to time change, add or remove features of the TiVo Service or change the terms and conditions of this agreement. Such changes shall be effective upon notification by TiVo. You are responsible for viewing any new terms and if you are dissatisfied with any such changes to the TiVo Service or this agreement, you may immediately cancel your subscription as provided in the "Termination of Service" paragraph below. TiVo also reserves the right to discontinue the TiVo Service altogether at any time in its discretion.

      They say they can change TIVO SERVICE. Not your tivo. They can stop doing season passes, stop giving you guide data, whatever they want. But they NEVER claim to be able to disable your tivo.

      Replay says they can mess with your replay unit at any time, even disable it.

      THAT is the difference.

  71. wait a second. by /dev/trash · · Score: 1
    Under that agreement, SonicBlue claims the right to destroy your device when you connect for updates

    Every time I mention this about a Tivo, I get bombarded with "why would they do that to their customers." ow it looks liek SonicBlue is doing it. HA.

  72. This crosses the line! by Anonymous Coward · · Score: 0

    I can almost understand the EULA crap that comes with software - you are buying media that can be copied so easily and cheaply that if true piracy were to take place on a grand scale, it could do some serious damage to smaller software houses.

    But when I buy a piece of hardware, I use it how I want. Just because my electronic thermostat has software built in doesn't give the thermostat company the right to dictate how I will use the thermostat.

    I can just see it now - one day my refrigerator will refuse to cool my food because I bought brand X cola vs brand Y....

  73. Re:Bad old days when you couldn't own your phone.. by Rob+Parkhill · · Score: 2

    Gee, this sounds a LOT like cell-phones. Gotta buy the phone from the company providing the service, no chance to use a phone from elsewhere even if it is compatible with their network. The only difference is that they make you -buy- the phone that you can't use elsewhere instead of renting it.

    Or at least that's the way things are run here in Canada.

    --
    "Tomorrow's forecast: a few sprinkles of genius with a chance of doom!" - Stewie Griffin
  74. Sure. They can claim that. by mindstrm · · Score: 2

    But as they are selling you the device outright.. they may still be up against a stiff lawsuit if they trash someone's device.

    You can't sell someone something and then dictate what happens afterwards. Sorry.

    They can refuse to provide service, of course.. but a service contract and a sale of a device are totally different things.

    This is just more incentive to hack the damn thing and make sure they can't wipe it.

  75. Another Market Killed off by wirehead_rick · · Score: 1

    The PVR industry will be the example HDTV and other high-tech media technologies will follow.

    Pay very close attention my friends, because everything else will follow these same footsteps.

    BTW, did I mention it seems to me that this is definitely a market killer. I know there is no way I would _ever_ buy one of these things with such restrictions in place. Not even if they gave me the box for FREE!!!

    I imagine there are many intelligent people out there just like me who will do the same. Look what happened to DivX.

    I guess I'll just _have_ to watch less and less TV and find other ways to entertain myself.

    --
    -- Mean People Suck
  76. Re:Bad old days when you couldn't own your phone.. by tswinzig · · Score: 3, Interesting

    You just rented "service," equipment and all, at a monthly rate, and you could do with it only what the telephone company wanted you to do with it.

    It should be clear at this point that the pendulum is swinging back, and that the Tivos, the cable providers, and the software vendors of the world are trying to turn back the clock to that comfortable time when you didn't own and couldn't control ANYTHING in your house that was wired for communications.

    It's only a matter of time before video recorders and computers are not sold at all. You simply get to choose the one that's provided free (or for a $1000 installation charge?) with your subscription service.


    Nice over-reaction, but you are forgetting one MAJOR point... the telephone company at the time had a huge monopoly!

    There is no similar monopoly in the hardware markets that could make me rent all my equipment and not keep control of it.

    In order for this to happen, you'd have to have some new type of hardware come out, completely patented, with no alternatives available that could do something similar. And everyone would need to have one of these. THEN and only then could you do something like what ma bell did with rented telephones.

    --

    "And like that ... he's gone."
  77. Easy Solutions by Anonymous Coward · · Score: 0
    1. Don't buy a product with such a fasisct EUA, or
    2. Don't just hack it, crack it. Crack it so you no longer need to pay a monthly fee.
  78. Ok help me out here then. by Anonymous Coward · · Score: 0

    "you agree not to tamper with or otherwise modify the authorized product" coupled with "TiVo retains the absolute right to immediately suspend or terminate your account, and terminate this agreement, if the charges to your credit card for the fees described in the "Subscription Fees and Payment Authorization" paragraph above are refused for any reason, if you breach any provision in this agreement, if you misuse the TiVo Service, and/ or if you alter the Recorder or use the TiVo Service in such a manner as to infringe upon the intellectual property rights of TiVo or any third party

  79. There isn't much of a free market here folks by FreeUser · · Score: 4, Insightful

    Come on, people. This is nothing to get bent out of shape about -- this is exactly what the free market is for! Yes, it might be a kewl product, but if you don't agree with the license, don't purchase the product.

    The problem is, there really isn't a free market. The copyright cartels, and their goons, are strongarming ReplayTV, TiVo, and other PVR manufacturers into disabling features they don't like (commercial skipping) and possibly even requiring features they do like (embedded commercials, coming to a PVR near you?).

    Those that want to make a kick ass PVR and sell it face the daunting certainty of being sued into oblivion by such household cartels as the MPAA and, if the device allows the sharing of music, the RIAA. So long as these monopolists can send their IP lawyer/thugs around shutting down businesses they don't like, intimidating the rest, and even absorbing the more successful (mp3.com), no free market will ever really exist because consumers will be prevented from having the choice of buying what they want altogether.

    The invisible hand of the free market doesn't work when this sort of coercion is in play, and whether the terms of this particular license are to protect Replay from the copyright cartels (and whatever court orders their copyright priveleges may result in), or to take advantage of their customers down the road is quite irrelevant. Either way, it is the customer, that's you and I folks, who gets screwed, and the only viable alternative is to give up a little convinience and roll your own GNU/Linux based PVR (it is with pleasure I hear the screaming and wailing of the naysayers now, as I watch my Max Headroom episodes in resolutions they can't even dream of :-).

    As for me, I will not be buying this product, but I will be writing Sonic Blue to tell them just exactly why I won't be buying. To make it easier for you, here is Sonic Blue's contact page [replaytv.com]. I urge you to send them a similar letter if this policy bothers you.

    That is excellent advice ... and about the only way a consumer can wield any power in an oligarchical market: vocal boycott of the entire product. (It is the copyright cartels, not the PVR makers, who are the oligarchs, but since they effectively decide which PVRs are legal and which are not it amounts to much the same thing.)

    --
    The Future of Human Evolution: Autonomy
    1. Re:There isn't much of a free market here folks by beagle · · Score: 2

      no free market will ever really exist because consumers will be prevented from having the choice of buying what they want altogether.

      The free market does not guarantee that every product every consumer wishes to purchase will be made available for sale. You must recognize that, in this situation, you do still have the option to purchase or not purchase the specified product with the specified fine print.

      Also, remember that in any contract negotiations -- and that's esentially what this is -- you can take the proposed contract and make a counteroffer without the offending parts. They may not accept your proposed contract, but you still have that right.

      Here's another example: cell phones: I want a cellphone that includes 3000 minutes a month for $30 -- with no contract. One cannot get that service anywhere -- so would you argue that there isn't a free market in cell phones? I would hope not, because, while there are stupid rules and bogus choices in the cellphone industry -- so bogus that the industry is imploding as we speak -- there certainly is a free market there.

      Remember that a free market is any place at which buyers and sellers exchange goods/services/money on mutually agreeable terms. Why "agreeable"? Well, if you don't agree to the terms, whatever they are, then you won't buy. Buying inherently means that you accept all terms of the sale. They might be grudgingly accepted, but accepted they are.

    2. Re:There isn't much of a free market here folks by Steve+B · · Score: 2
      The free market does not guarantee that every product every consumer wishes to purchase will be made available for sale.

      You are sidestepping the issue -- which is odd because you correctly describe it later:

      Remember that a free market is any place at which buyers and sellers exchange goods/services/money on mutually agreeable terms.
      If you can't get what you want because nobody has the desire or ability to produce it at a price you are willing to pay, that's just life. If, however, you can't get what you want because some third party has coercively interposed himself between buyer and seller, then the free market has been subverted.
      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:There isn't much of a free market here folks by beagle · · Score: 2

      If, however, you can't get what you want because some third party has coercively interposed himself between buyer and seller, then the free market has been subverted.

      That hasn't happened here -- yet -- because you can still go buy a competing device that doesn't have the ridiculous contract.

    4. Re:There isn't much of a free market here folks by Brad3d · · Score: 1

      If you get a Dish Network 501 or the new 701 you can record all u want with no monthly fees and a great picture. No converting analog cable for recording, everything is digital. Cable sucks. Brad Satellite dish installer :)

    5. Re:There isn't much of a free market here folks by filer · · Score: 1
      Those that want to make a kick ass PVR and sell it face the daunting certainty of being sued into oblivion by such household cartels as the MPAA and, if the device allows the sharing of music, the RIAA. So long as these monopolists can send their IP lawyer/thugs around shutting down businesses they don't like, intimidating the rest, and even absorbing the more successful (mp3.com), no free market will ever really exist because consumers will be prevented from having the choice of buying what they want altogether.

      Nah, they'll just have to wait a bit longer till some Korean company comes out with the gear. The Asian Tigers are called "Tigers" for a reason. They will go wherever there is money to be made and they *will* fill any comsumer demand while the lawyers bicker stateside. There is a huge demand for an easy to use, restriction free, powerfull PVR - it has imo the potential to be "the next big thing" in comsumer electronics. If American companies are unable or unwilling to provide one than the Asians will. They don't give a fuck about the MPAA RIAA BSA et al.

  80. Re:If I hear Linux Tivo-like Device one more time by BitGeek · · Score: 2


    I'm working on this problem. ITs a difficult one- here are some of the issues:

    1) IR codes vary greatly from device to device. But more importantly, they are not explicit. In other words the "ON" code is "On" when the machines off, but if the machines on, then it will turn the machine off. so there's no way for one to say "on" and *know* that you're going to get the machine turned on, rather than off. (in many cases)

    2) There seems to be no good hardware. What makes sense is to both send and recieve IR signals. so you can control your pc based PVR from a remote... but there is little hardware that will do this and what is there won't do both really elegantly. Making custom hardware is possible, but that involves a lot of issues as well.

    3) The setup of the home entertainment system affects how this works. Is there a VCR between the cable box and the PVR? which output of the VCR is the PVR hooked up to? Whatever system will have to either force people to set up their system in a way the PVR IR controller can control, or have a way to teach the PVR about the setup.

    But my biggest concern is finding all the codes, and translating them into a format I can use... manufacturers make variations on the even the same model of VCR...

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  81. Re:you left out a few items.... by Dread_ed · · Score: 2, Funny

    A1. Use of ReplayTV as a Cupholder. No individual, owner or otherwise, may place on, above, or even near, the ReplayTV Digital Video Recorder, without first purchasing an additional license to do so, a cup containing liquid, hot, cold or even luke warm. Furthermore, any such container and its contents immediately become property of ReplayTV upon the occurence of said item coming into contact with the ReplayTV 4500.

    F1: TV Programming Ownership. Upon viewing any programs from the ReplayTV Service, any and all devices used to capture such programming information immediately come under the soivereign control of ReplayTV and its subsidiaries, agents and legal representatives. This includes eyes(retinas, cornea, fovae, irises, vitreous humor, and any other part involved in the acquisition and conveyence of said programming), nerves(Optic, individual rods and cones, neurons, gray matter, and any other part involved in the acquisition, conveyence and comprehension of said programming), and any device used to aid in viewing said content such as glasses, contact lenses, or hearing aids.

    X1. Disagreements with ReplayTV. Anyone who disagrees with ReplayTV with regard to this agreement will be sacked. Those who are responsible for said sacking and who do not fulfil their responsibilities to sack, will be sacked. Upon the occurence of said sackers of the sackers not sacking thee sackees, a low yield thermonuclear device will be detonated over the city containting said individual who disagreed with teh Replay Terms of Service AND those sachers who did not sack the sackers of the original sackees sackers'ers, oh whatever!

    --
    When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  82. Point me to where it says these things by Anonymous Coward · · Score: 0

    Where does it say Replay may disable the box for punitive reasons? It says they may "automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500 when your unit connects to our server or at other times with or without notice", but this doesn't say anything about doing it for punitive reasons - it's just standard fare so they have the freedom to change their feature set in future versions, just as Tivo says they may "may, at its discretion, from time to time change, add or remove features of the TiVo Service or change the terms and conditions of this agreement". The only thing in the Replay agreement that discusses them doing anything to you specifically for license violations is:

    "ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you (a) breach any provision of this Agreement (including but not limited to altering the ReplayTV 4500 unit or related software), (b) misuse the ReplayTV Service, or (c) infringe (or are alleged to infringe) upon the intellectual property rights of ReplayTV or any third party in your use in any way of the ReplayTV Service. You further agree that you will defend, indemnify and hold harmless ReplayTV and its affiliates from and against any and all claims, actions, suits, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any of the actions described above that would entitle ReplayTV to terminate this Agreement."

    I see nothing in there about disabling your hardware, only terminating the account and the agreement, the same as Tivo specifies. And before you point to the part that says "including but not limited to altering the ReplayTV 4500 unit or related software" (which I suspect is what your argument is based on) read it again - that refers to your altering the box as being the cause of the violation, not their response to it.

    So back it up - where exactly does Replay say they will break your box if you hack it in any language that the Tivo agreement cannot be construed to also contain?

  83. Perhaps if people read things more carefully by Anonymous Coward · · Score: 1, Insightful

    Is it possible this entire idea that Replay may destroy your box came from an overly hasty reading of this passage?

    "ReplayTV has the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if you (a) breach any provision of this Agreement (including but not limited to altering the ReplayTV 4500 unit or related software)..."

    Could it be that the esteemed slashdot editors didn't read carefully enough to realize that "including but not limited to altering the ReplayTV 4500 unit or related software" describes a users action that would violate the license agreement, and not ReplayTVs response to any violation? Because without misreading that there is absolutely nothing in that agreement that says Replay will destroy your box for violating the license, nor is there anything that isn't in Tivos agreement as well. Is it possible slashdot was more interested in a sensationalist story then in getting the facts right?

    Nah, couldn't be.

    1. Re:Perhaps if people read things more carefully by gerardrj · · Score: 1
      G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500...

      seems to say it very cleary. They (Sonic) can disable any (and all) feature(s) and function(s) of your box. One would assume permanently unless you hacked it later to restore functions.

      What I find more interesting is the section in F:
      You understand that (a) ReplayTV does not guarantee the access to or recording of any particular program, ...
      That I think could be reasonable interpeted to mean they, at some time, may decide their "must see" shows can be recorded in liu of your prefered show in a time-slot.

      Then there's section H:
      You may make one copy of the software you download for backup purposes only...
      They seem to say there is an esablished and accessable method for the user of the box to remove and add the software from the Replay box. But, I don't see anywhere in the agreement that they force me to use ONLY Replay TV's provided software. Why can't a someone/group write an open source replacement and distribute that?

      If there were a free, non company controlled software that would allow the Replay to operate as a PVR with scheduling and other useful features, and you installed that. Their section H says you can't loan, transfer, etc. the software to any other person except as permitted by law. And the law permits reverse engineering for many reasons (as discussed elsewhere in this thread).

      As I also mentioned in the previous article on Replay/SonicBlue, you could also leave the box alone and build an external firewall to protect your box from their advertisements/forced programming choices/snooping. After reading the agreement, I see nothing that would prevent you from reverse engineering the network/communitcations protocols ove they are outside the box.
      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
  84. Re:Bad old days when you couldn't own your phone.. by Tonttoro · · Score: 1
    In .fi that would be unthinkable. You cannot within the limits of law tie two different products into one item that must be sold as one item.


    So we have operators that don't sell phones. And phone dealers.


    However TiVo/Replay thing wouldn't be unthinkable here. Consumers couldn't care less (as with DVD Region Code), but some others (including me) would.

    --
    when everyone gives everything, then everyone everything will get
  85. It's boycott time!!! by SHEENmaster · · Score: 1

    If they are going to do this, I simply won't buy from them. It is probably cheaper to buy a wintv card than it is to pay for a ReplayTV. The thing's only value is in exploring it. Without that, it is just another useless toy.

    --
    You can't judge a book by the way it wears its hair.
  86. Saving $250 by AxelBoldt · · Score: 2

    Can I save $250 if I just use the box for ad filtering and time shifting don't sign up for their spy-service?

    1. Re:Saving $250 by gid · · Score: 1

      That's the main reason I haven't bothered to buy one of those boxes yet. I really don't even care about ad filtering.

      All I want is a set top box, no service, no nothing. What ever happened to recording channel 23 at 9pm for an hour? It's not exactly rocket science people. I don't want something recording more shit for me than I wanted. A fastforward 30 seconds feature is a plus, not really a necessity. I really don't watch that much TV, I like it that way, so I'm not in a big hurry to buy something that will entice me watch more.

      One of these days I'll get my TV card drivers working right with my linux box and just record shows with that. One of the bad things about that is that I'll probably have to program my own interface because I probably won't be happy with anybody elses. :)

      It's on my todo list, along with rewriting linux, I'll get to it eventually. :)

  87. Deceptive sales tactics? No such thing as a PVR? by markwelch · · Score: 2
    What store is going to sell a $400 product where the consumer must pay another $250 to use the product? I expect the return rate will be huge for this product.

    The stated reason for reducing the pricing was because the extra $250 for a "prepaid lifetime subscription" was reducing sales (especially since the product's remaining lifetime seems likely to be substantially less than a year), so they were going to switch to a monthly subscription model. Instead, they are just playing a "hide the fee" game, hoping that idiots who get the box home will agree to pay another $250 instead of returning the box.

    If the fee is properly disclosed (to avoid lawsuits), then nobody will buy this version if they didn't buy the prior version, since the features are unchanged and the net price is unchanged. But we all know that the fee will not be properly disclosed, so there will be many returns and there will be lawsuits by various consumer groups and state AGs, which may be simply part of ReplayTV's "publicity" strategy.

    And as noted, the deal is basically that if the company folds, the box can self-destruct and you have nothing, period, for your $650.

    In April, I wrote an essay chronicling my efforts to buy a PVR, and nothing has changed since then. Nobody sells PVR technology to consumers, period. For those who are willing to do a lot of "do it yourself" work, and who trust that the companies will "do the right thing" despite the lack of any legal obligation to provide service, it is technically possible to get PVR technology working.

    I would gladly pay $300 to $500 for something like a TiVo or ReplayTV, plus $10 to $15 per month for programming data, if I thought I could get an actual service that would last for a year or more. I am absolutely unconvinced that any company can or will provide service for a year.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  88. If you don't like it, don't buy it! by Leto2 · · Score: 2
    I don't see why people get so outrageous about this. If you don't like the product someone is selling, don't buy it!

    If I'm at the grocery, and I see rotten apples, I'm not going to sue the store, I'm just going to take my business elsewhere. I'm getting rather tired of all these people _expecting_ certain licenses. "But it takes away my Freedom"? Replay has the freedom to put whatever license they feel on their product. Hey, and know what, if you don't hack the thing, they won't cancel your service!

    It's not like there's no competition around to buy your PVR from.

    --
    <grub> Reading /. at -1 is like driving through Cracktown in a convertible that is stuck in 1st
  89. Re:If I hear Linux Tivo-like Device one more time by GoRK · · Score: 2

    I'm working on this problem. ITs a difficult one- here are some of the issues:

    Geez. Do you research anything before you code?

    1) IR codes vary greatly from device to device. But more importantly, they are not explicit. In other words the "ON" code is "On" when the machines off, but if the machines on, then it will turn the machine off. so there's no way for one to say "on" and *know* that you're going to get the machine turned on, rather than off. (in many cases)

    A PVR system pretty much requires the cable box to be on all the time. TiVo and Replay don't bother toggling the power to these. It's not like they use that much electricity. Leave it on and stop worrying about discrete on/off codes. If your power goes out or something, you probably have more to worry about than your cable box not powering bacvk on.

    2) There seems to be no good hardware. What makes sense is to both send and recieve IR signals. so you can control your pc based PVR from a remote... but there is little hardware that will do this and what is there won't do both really elegantly. Making custom hardware is possible, but that involves a lot of issues as well.

    LIRC supports a ton of good IR hardware including many devices that send and recieve CIR signals just fine. Many are commercially available, and as you said, you can roll your own if you are looking to add IR support to an embedded device or want to "do it on the cheap" if you will.

    3) The setup of the home entertainment system affects how this works. Is there a VCR between the cable box and the PVR? which output of the VCR is the PVR hooked up to? Whatever system will have to either force people to set up their system in a way the PVR IR controller can control, or have a way to teach the PVR about the setup.

    Why on earth would you hook up a VCR between your cable box and PVR system and then expect to be able to do anything useful with it? The cable box should be somehow directly connected to your PVR system and then somehow to a video output device -- TV, video switcher (reciever), or maybe connected to the TV through the VCR so that you could actually archive a program on your PVR to video tape if you felt so inclined... The only thing you might want the PVR to be able to do is tell the VCR to start and stop recording for automatic show archival.

    But my biggest concern is finding all the codes, and translating them into a format I can use... manufacturers make variations on the even the same model of VCR...

    You don't necessarily have to distribute the code library for every cable box on the planet. Just include an option under some setup menu that lets you teach the computer PVR the codes from the cable box remote.

    Your half-baked planning is useless. Don't claim to be "working on the problem" until you are actually working on it.

    ~GoRK

  90. Re:Shame - Simple Economics by Anonymous Coward · · Score: 0

    Why are there no good, honest, upstanding moral companies anymore? (ie AntiEnron) Simple. Somewhere along the lines, the accountants and pencil pushes came the cold, hard mathematical conclusion that you do make more money working over your customers than serving them for financial reward. The biggest bottom line wins

  91. Unenforceable terms by John+Jorsett · · Score: 2

    Keep in mind that just because an 'agreement' contains something doesn't make it enforceable. They could put "hack your Replay and you must give us your first-born" in there and no court is going to make you live up to it. If they actually do wipe out some Replays under this agreement, courts are going to be the ultimate authority on whether they can get away with it (assuming, of course, that the users file lawsuits).

  92. Reverse-Engineering law? by MoogMan · · Score: 2, Interesting

    I seem to recall some software hacking law that allows you (the owner) to reverse-engineer your software, to 1) make it work or 2) to make it work better than it already does. Does this not apply for hardware or embedded software etc?

    1. Re:Reverse-Engineering law? by OpenMind(tm) · · Score: 1

      I seem to recall some software hacking law that allows you (the owner) to reverse-engineer your software, to 1) make it work or 2) to make it work better than it already does. Does this not apply for hardware or embedded software etc?

      There is a body of law that would allow you to reverse engineer their hardware under certain circumstances, but it has nothing to do with the issue here. All that law will prevent is them prosecuting you for violating their intellectual property rights. This is a contract law issue

      In essence, by agreeing to the EULA, you enter a contract saying that if you modify their hardware, they have the right to drop your service. Now, while the law might protect you from prosecution for reverse engineering, it does not say you get out of your obligations if you enter a contract saying you won't. An it certainly wouldn't require Sonicblue to keep honoring the contract after you've stopped.

      I think Sonicblue is covering its ass in a fairly craven manner, but I think its interesting how the situation would be if the EULA was removed from the situation. With no EULA at all, Sonicblue's service would be entirely at will, with the right to cut off your service at any time for any or no reason. While many EULAs are evil, at least they are mostly about defining the company's responsibility to us, rather than vice-versa.

  93. Got kicked from the RTV service for "tampering" ? by Anonymous Coward · · Score: 0

    Just have a good friend with a clean PVR box, and exchange yours for his, just for the time it'll take to call RTV and ask WTH you were kicked out. They'll rescan to make sure, find no hacks, and reinstate (possibly under the threat of a class-action lawsuit ? Hmmm...)

    Repeat, rinse, etc...

  94. Re:Deceptive sales tactics? No such thing as a PVR by kindbud · · Score: 2

    Dude, I've owned a DirecTivo for going on two years now. The warranty expired months ago, so I went ahead and did the hard drive upgrade. I've long since made up for the $149 lifetime subscription, vs. the monthly fee.

    I read your essay, and while you make some good points about the retailers not having a working product for display, you also implied that you couldn't care less about the "many months hearing friends and colleagues boast". I guess you aren't swayed by your friend's recommendations, word of mouth is not good enough for you? The lame salesman was more convicing? Whatever dude.

    I bought mine at Good Guys, a Philips DirecTiVo unit, the first day it arrived. Several other people were there to snatch them off the palette too. I couldn't be happier with my purchase. Of course, word of mouth means nothing to you, so never mind...

    According to TiVo's telephone support staff, the TiVo unit doesn't offer any kind of "commercial skip" or even a "fast-fast-forward" mode, so it offers few benefits compared to a traditional VCR (in a later call, a TiVo supervisor claimed that TiVo has 15x, 30x, and 60x fast-forward speeds -- a contradiction that made me wish I could see an actual working TiVo unit).

    Now I am beginning to wonder if you, or the TiVo rep you talked to, have English comprehension difficulties. Did you not see the FF and RW buttons on the remote control at the store display? I think it is rather funny that for a time, you thought the TiVo could not FF or RW. That's rich.

    Lastly, did you spend this much time and angst trying to buy a dishwasher? Did they let you try a load of dirty dishes in it before taking it home? Some of your expectations are unreasonable.

    There is SO much information about the TiVo on the web, I find your ignorance of the device and its capabilities to be incongruous. I mean, who calls 800 numbers to get product info from live humans anymore? Did you do NO research at all on the web? Your essay didn't mention it...

    --
    Edith Keeler Must Die
  95. Re: DirecTivo by markwelch · · Score: 1
    First, my friends who love TiVo are in other states, and are techno-geeks, so I'm not sure their love of TiVo will turn into my love.

    Second, I spent lots of time at the web site, and I still can't determine what TiVo offers in terms of "fast forward." What I want is a "skip 30 seconds" button, or something like that, apparently that's not available for TiVo so I'm stuck with using a generic fast-forward button that apparently has three modes, but since I have never been able to touch a TiVo remote, I really don't even know how this works.

    On the dishwasher front, I don't own one, but if I bought one I'd expect it to work as promised, and I would not worry about having it simply stop working 34 days after purchase, leaving me with no recourse but to throw it away. That's a very real option with TiVo and ReplayTV.

    Next, I don't have DirecTV and the only reason I would get it would be to use UltimateTV or TiVo, but you can't order it that way: you have to get them separately, then if one or the other doesn't work, you are stuck with the other. In my case, I have trees in front of my condo and cannot get a dish signal, so it's moot anyway.

    A dishwasher is well-established technology, proven; I've used dozens of different dishwashers in my life and the all work pretty much the same. PVRs are a new technology, and I'm really not sure how they will work, or how they differ. And given my experience with unmet promises from most other technology products, I'm not willing to trust companies whose futures are likely measured in months, not years.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  96. Re:Deceptive sales tactics? No such thing as a PVR by Saturn49 · · Score: 1

    I read your essay. You've been fed a lot of crap by a lot of different people. I will speak for TiVo, since I have had one for more than a year. I can't say anything about Replay.

    TiVo has 3 ff speeds, as the TiVo supervisor told you. Why did the other customer service rep tell you differently? Because like all first level CS reps, TiVo's CS reps are stupid.

    TiVo also has a 30 sec skip function, but it is activated by a backdoor. The Skip-To-End button acts as a 30 sec skip button if you do the following: Play a recorded program. Hit Select, Play, Select, 3, 0, Select. The TiVo will ding three times if you were successful. Works on TiVo versions 1.3, 2.5, and 3.0. The functionality was disabled in 2.0, but re-enabled in 2.5. No official word from TiVo on why this was done. Your TiVo will automatically upgrade to the latest software version the first time it runs the daily call. 3.0 is about to be rolled out to everyone. Series 2's are at 2.0, about to be upgraded to 3.0 (in just a couple weeks). Series 1's and DirectTiVos are at 2.5. Series 1's will be upgraded when the Series 2's are, DirectTiVos will be upgraded to 3.0 by the end of the summer.

    TiVo offers stores a "demo" account for a single demo unit. Thus, they can hook it up, get guide data, and show customers everything that the unit can do. It costs the store nothing. How do I know? Some people have purchased store models, brought them home, and had free service for several months until the store registered a new demo unit.

    Best Buy has an exclusive contract with TiVo. So go to Best Buy and demand to use the product in action. Inform them of the demo account above. If that fails, try another store. Or call TiVo and tell them that Best Buy refused to show you the product in action. TiVo has lots to lose from Best Buy failing to do their part. If all else fails, get on www.tivocommunity.com and post in the Coffee House that you'd like to see a demo. I imagine there is someone in your area that would welcome you into their home to show you their TiVo.

    Service: You've got the terms of service right. TiVo would not sunset the TiVos (even the series 1's) for a very long time. To do so would piss off every TiVo owner in existance, and most of own the "old" series 1's. TiVo has generally done things properly, informing us ahead of time when service agreements will change, etc. As a result, they have a strong community supporting them. To lose this community would be death to TiVo. Also, a representive of TiVo has stated that in the event of the company failing, they have "provisions" to make sure guide data is still available through another company. It may cost more, but those of us with lifetime subscriptions have little to worry about.

    Service for a year: I've had my TiVo for over a year, with never an interruption in service. I don't see that changing anytime soon.

    Get on www.tivocommunity.com if you have any more questions. You can send me a personal message there, if you'd like.

  97. Man, in the old days... by NanoGator · · Score: 2

    "And Term 2C says that if someone even alleges you are infringing on copyright, you can be shut down with no notice, no recourse, and there's nothing you can do about it--the agreement indemnifies them completely."

    In the old days, you were innocent until proven guilty. Anybody remember that?

    --
    "Derp de derp."
  98. OT: Nuking a TiVo by Zathrus · · Score: 1

    Is the crypto chip reprogrammable? I was under the (totally uninformed) impression that it was hardwired. That would pretty much bring TiVo to a crashing halt, as you say.

    I don't think TiVo would ever do any of these things, unless forced to by a court order. Despite some of the paranoia on /., TiVo has been very user and hacker friendly -- and they've been very clear about what they'd rather not see hacked, and why (generally liability reasons and their desire to be able to continue existing without a SonicBlue-esque lawsuit)

  99. That's not a difference... by Otto · · Score: 2
    ...except in slight wording.

    Note the portions in bold:


    Replay 1G:
    G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500 when your unit connects to our server or at other times with or without notice. In addition, ReplayTV may modify the terms and conditions of this Agreement from time to time (and will notify you of these changes to the Agreement)

    Tivo: Changes to TiVo Service. TiVo may, at its discretion, from time to time change, add or remove features of the TiVo Service or change the terms and conditions of this agreement. Such changes shall be effective upon notification by TiVo. You are responsible for viewing any new terms and if you are dissatisfied with any such changes to the TiVo Service or this agreement, you may immediately cancel your subscription as provided in the "Termination of Service" paragraph below. TiVo also reserves the right to discontinue the TiVo Service altogether at any time in its discretion.


    They are the same basic thing. They simply used the word "remove" instead of "disable".

    And contrary to the original article, Clause 2C talks about suspending or canceling the Replay service if they think you're infringing copyright, not about them breaking your box. Tivo's and Replay's agreements both basically allow them to disable the service portion for any reason (or none) whatsoever. So this copyright infringement thing is not a major difference, they already covered themselves on that score.
    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  100. Re:Bad old days when you couldn't own your phone.. by tshoppa · · Score: 2
    Were those days really so bad? For a buck or two a month you got a good-quality, heavy-duty, engineered to withstand a nuclear attack phone. If it broke, they came and fixed it, no charge, no questions asked.

    Most of today's phones are cheap plastic and don't even have a real bell inside.

  101. Re:Deceptive sales tactics? No such thing as a PVR by markwelch · · Score: 2
    > Best Buy has an exclusive contract with TiVo.
    > So go to Best Buy and demand to use the product
    > in action. Inform them of the demo account above.
    > If that fails, try another store. Or call TiVo
    > and tell them that Best Buy refused to show you
    > the product in action.

    Good advice -- and this is exactly what I did, back in April. After running in circles with store staff and store manager, and TiVo's low-level support folks, I ended up speaking with some pretty high-level folks, including the actual TiVo buyer at Best Buy (whose butt is on the line with this exclusive deal) and his contact at TiVo. They agreed: no demo accounts, period. They were abused (as you noted) and store personnel couldn't be trained adequately to show the unit's features anyway, and the stores all power down nightly so data got lost. There are no store demo accounts any more, period (maybe there are store demo units for the DirecTV version of TiVo, but I couldn't find any in my area).

    Best Buy shows a canned video demo on a TV monitor (with intense static that makes it almost unwatchable).

    Finally, the issue of TiVo "dying" is exactly the issue I'm concerned about. No, they don't want to annoy their customers, but my understanding is that at any moment they could cease operating, and then I'd have a worthless box. I could deal with that, indeed was prepared to deal with that risk, until I learned that I simply cannot see a TiVo in actual operation. As I explained, I've been burned so many times by false promises that I will not trust that the TiVo unit I buy will do what they promise, unless I actually see it in use.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  102. Now pay attention.... by Danse · · Score: 2

    This time I'll put the actual relevant portions in bold.

    Replay 1G:

    G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Service or on the ReplayTV 4500 when your unit connects to our server or at other times with or without notice. In addition, ReplayTV may modify the terms and conditions of this Agreement from time to time (and will notify you of these changes to the Agreement)


    You'll note that while they both claim the right to add/remove/change services, only Replay claims the right to change your hardware.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Now pay attention.... by Anonymous Coward · · Score: 0

      You are wasting your time. The TiVo-bashers are impervious to facts.

  103. Re:Deceptive sales tactics? No such thing as a PVR by Saturn49 · · Score: 1

    I didn't know they don't do store accounts anymore. That's truely unfortunate.

    I would suggest posting in the Coffee House forum on www.tivocommunity.com and see if there's anyone in your area that would help you.

  104. Re:Bad old days when you couldn't own your phone.. by Anonymous Coward · · Score: 0

    Many are still paying that extra fee for "touch-tone" without even realizing it.

  105. What is this? by rocket97 · · Score: 1

    I am suprised no one has asked if you can put Linux on it. I figured with this crowd that would be the first question asked. :-)

    --
    "The two most abundant elements in the universe are hydrogen and stupidity." -Harlan Ellison
  106. Question + suggestion for OpenPVR setup by Anonymous Coward · · Score: 0

    Are TV and cable schedules copywrited material?

    While one solution to the problem of obtaining
    the detailed program guides that TiVo and ReplayTV have is a bunch of scripts trying to crawl various pages on the web and extract the schedules from everchanging web pages, perhaps an
    easier way would be to set up a web page where users obtain access to information in exchange for being stewards of a particular channel or television show's shedule. Obviously, initially channels would have to be assigned but eventually, with many users, the burden on any one user would be miniscule and accuracy could be guaranteed.

    then display it all through a standard interface for all those OpenPVRs to contact for show info... now all you need is some measely OpenPVR software. :) easy, right?

  107. Hope the auto industry doesn't catch on to this!!! by bhv · · Score: 1

    Could you image! Buy your Ford Fiesta and only the dealer can replace the tires or upgrade any components and they reserve the right to destroy the thing (which effectivly means degrading it to a state worse than it came from the factory, if that's possible) if they suspect you have been tampering with it in any way.......What part of Freedom is becoming so hard to understand?

  108. Re:Hope the auto industry doesn't catch on to this by rocket97 · · Score: 1

    The dealer doesn't have to destroy a ford. It can do it to itself.




    Spelling is my MP not my FFF!

    --
    "The two most abundant elements in the universe are hydrogen and stupidity." -Harlan Ellison
  109. Re:Deceptive sales tactics? No such thing as a PVR by Tiny+Elvis · · Score: 1

    the TiVo unit doesn't offer any kind of" commercial skip" or even a "fast-fast-forward" mode, so it offers few benefits compared to a traditional VCR

    I don't even understand how you could write this statement. Even if it did have a commercial skip button I would consider that the least of its benefits. (I can already skip commercials just using the existing fast forward.) Here is a list of benefits over VCR as I see them:

    1. don't have to mess with tapes
    2. don't have to know time or channel for any show, just tell tivo to record by name
    3. don't have to deal with purging old shows
    4. also does pause, rewind, ff on live tv
    5. you can give it a list of shows to watch for, if they are ever broadcast, it will tape them.

    Trying to tape shows with a VCR is a huge pain, with Tivo it is effortless.

  110. Re:Bad old days when you couldn't own your phone.. by stienman · · Score: 2
    There are several similarites and differences between the early phone system/market and the PVR market.

    • By the time it became widespread the phone system and components used in various markets were standardized. Right now there is no standardization in the PVR market.
    • Phones, eventually, were gov't subsidized as they were considered necessary. PVRs will never be necessary - they are merely a convenience.
    • When the phone companies had different standards/protocols their customers had to use their phones (though they did extend that rule well beyond the standardization period). Right now we have different PVR protocols/systems and you must use their equipment. Their equipment could be used seperately from the service, but it takes special knowledge and the results may not be satisfactory (just as with the early phone devices)
    • There are many other devices and services which one can use to duplicate much of the functionality of the PVRs without having to deal with TIVO or ReplayTV. Hauppage makes some hardware that is suitable, and much more empowering to the user. There are several TV listing sevices. VCRs have advanced programming capabilities and if all else fails you can use LIRC to connect your VCR to your computer and duplicate all of the functionality.
    The only pendulum that is 'swinging back' never swung in the first place. The owners of copyright material always had tight fists and never loosened them. They are certianly considering the situation (but are far from worried), and are putting out feelers to see what's next for them. The distributers are overreacting, as they always do when major shifts occur in how/when/where people use their material.

    Just as the transition that took live shows to radio, to records, to film, to tv, to tape, to vcr, to CD, to HD, to internet, ... some companies will go out of business, some new ones will spring up, the way we buy and sell copyrighted material (which, even now, are commodities) will all change. Maybe slightly, maybe drastically, but the world will continue to rotate, stuff will continue to be sold, and the consumers ultimately pay for it.

    In short, the industry isn't trying to stick it to the user (though they do have to look profitable to their shareholders), they are simply (and blindly) lashing out in all directions to reduce the risk of losing the people who create material for them.

    blah blah blah, blah blah blah.

    -Adam
  111. non-service based PVR? by Anonymous Coward · · Score: 0

    When will someone start selling a PVR that doesn't require a friggin' service and software "upgrades"?

    Even one that worked just like a modern VCR letting you program dates, channels and times manually or with those little tv guide codes would be nice.

  112. Crack their systems, get their customer list & by crovira · · Score: 2

    Have fun turning everybody into a pirate. Just keep reporting people, at random.

    I mean, if they're customers, they're automatically suspect. Nobody who isn't one has any incentive for being one. The ONLY way to have any incentive to crack their system is to be a customer.
    That way you can create a nice adversarial and non-sustainable climate for the company and its revenue base. It'll be expensive to investigate all the claims of cracking and create a lot of bad press and resentment.

    With luck, it'll destroy the company and make it into an example of how NOT to set up a product/service curtomer relationshim management process.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  113. Nope nope. YOU are wrong :P by BlueboyX · · Score: 2

    Dude, actually read someone's post before you tell them they are wrong. Your 'correction' has nothing to do with cat_jesus' post.

    ScottKin said that the hacks are mostly evil, for things like 'illegal reception.'

    cat_jesus correct him in saying that most of the hacks have nothing to do with pirating; the single most common 'hack' is to replace the origional harddrive with a bigger one. Nothing evil there.

    Then you 'corrected' cat_jesus by saying ReplayTV has the absolue right to terminate accounts etc... which has nothing to do with cat_jesus' post! They were talking about the nature of the hacks, not ReplayTV as a company.

    --
    "Never, never suspect the dreams within the dreams of dreaming children." ~The Amazon Quartet
  114. Hack an Update by CyberLife · · Score: 1
    "Under that agreement, SonicBlue claims the right to destroy your device when you connect for updates."

    I don't know the internals of the ReplayTV system, but it seems to me that if an independent update program could be written to run on a *nix box, it could download updates from SonicBlue and serve them to your ReplayTV units. Essentially, it would pretend to be a ReplayTV unit when talking to SonicBlue, and would pretend to be SonicBlue when talking to a ReplayTV unit. Possible?

  115. EULA by Anonymous Coward · · Score: 0

    someone ACTUALLY read a License Agreement? I'm baffled.

  116. Then we can just charge sonicblue with vandalism by Alex+Belits · · Score: 2

    I don't see ReplayTV device being rented or Sonicblue having a lien on it, so formally any kind of intentional destruction of it after it's purchased by the user will be a destruction of personal property, what is very, very illegal. Illegal clauses in contracts don't make attempts to implement them any less of a crime, no matter what the other side does, or is alleged to do.

    --
    Contrary to the popular belief, there indeed is no God.
  117. they actually can't do this by BlueboyX · · Score: 2

    If they actually did start 'nuking' user's firmware for doing harddrive expansions, they will face a class action suit.

    Yeah, that won't magically prevent them from doing it in the first place, but it will make them wish they didn't.

    Realistically, they aren't going to use this 'feature.' It is just to say that they can stop people from pirating or whatever (which is kind of a bogus claim to begin with. Broadcasters never have been guaranteed that people must watch the commercials. People who cut the commercials aren't stealing, they are very legally viewing the signal as they see fit. Now the part about forwarding shows to friends may be legally questionable, but that too is something that can basically be done with vcrs. Vcrs are not illegal yet!)

    --
    "Never, never suspect the dreams within the dreams of dreaming children." ~The Amazon Quartet
    1. Re:they actually can't do this by xeromist · · Score: 1

      I honestly want companies continue to release more and more audacious EULAs. Eventually people will realize that the situation is out of hand and make corporate America shove it. Until then, EULAs are a minor annoyance to most people and its not worth it for lawyers.

      I hope that someday this unrightful practice will be killed altogether and that a few corporations will get their greedy fingers pinched when the door slams, but maybe that's just a pipe dream.

      --
      This sig is exactly seventy characters long and a real waste of space!
  118. sure by SethJohnson · · Score: 2

    Sure it is possible.

    Feasible is the bigger question.

    If their protocol implements any kind of proprietary encryption scheme, it could take a very long time do decipher. It could also be illegal to do so in the US per the DMCA.
  119. Re: DirecTivo by kindbud · · Score: 2

    OK, it seems you know NOTHING about the Tivo, having passed by all the previous articles posted here about the device and all the things it can do (documented and un-). So let me tell you this:

    Because of pressure from broadcasters, TiVo hides the commercial skip function from Joe Enduser. It can be activated by pressing a sequence of keys on the remote. There are numerous other backdoors that can change how the TiVo works. Because they do things that advertisers and media owners might find actionable, TiVo doesn't publicize them, but they also do not block efforts by people to discover the backdoors. In fact, they tacitly support such efforts if it makes their customers happy.

    You can easily find this stuff if you are interested. It's all over Google. Search for "Tivo hack" and you'll find it.

    --
    Edith Keeler Must Die
  120. Re: DirecTivo by markwelch · · Score: 2
    And as noted, this hidden feature was once disabled, and might again be disabled with an upgrade. Hardly a strong endorsement.

    Look, I am not an idiot, I just act like one sometimes. I am confident that I could go out and buy one of these things and get it to work, and maybe it would be 80% what I wanted and expected, or maybe 90%. Or I could go buy the Hauppauge card for my computer, too.

    But what I am looking for is something simple, that doesn't require work-arounds or tricks. And damn it, I'm sick and tired of being told by a manufacturer that their product is great, I should buy it, but they won't let me see the damn thing in use, which almost always means it does NOT do the things they promise, or is not as helpful or convenient.

    This Way to the Great Egress.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  121. Can't you guys stop watching TV? by raretek · · Score: 1


    I mean seriously. Go code, go run, go workout, go pick up some women(or men, depending on your sex/sexual orientation), go do something else, anything, but watch TV. If enough people stop watching, it won't matter what these clowns do as no one will be there to buy their products anyway. Then they can come to us, kissing OUR asses, and deliver to us products we actually want and will be able to use the way we see fit.

    It's like this with every media. You want to take control from "them" stop using their products, whether legally or otherwise. That way, when sales and piracy slumps, they can then scapegoat each other, and when they're done picking each other to pieces, the survivors can step up, kiss our asses and apologize, and actually start doing business in a legitimate American way again. And the corrupt courts who have been in their back pockets? Not even they are going to force you to consume their products.

    But predictably, all the "smart" people who just "have" to listen to sellout-bands music, will just keep it going, wondering why the music/tele/movie/media industry just keeps getting more powerful while their rights are ripped to shreds. All because the "smart" people couldn't forgo watching TV, listening to pop music, and buying DVDs. Wow, what great reasons to lose your rights.

    --
    Show me an effect without cause and then I'll believe in chaos.
  122. good points... here's another few by SethJohnson · · Score: 2



    6. Watch a recorded show and tape another at same time.

    7. Builds viewer profile and records stuff you 'might' like.

    8. Record any show with a specific celebrity appearance (SNL, Conan, Letterman, etc.)

  123. Yes, we do dream of 640x480 by yerricde · · Score: 1

    as I watch my Max Headroom episodes in resolutions they can't even dream of

    There's a limit as to how much spatial resolution an analog television signal with a specified bandwidth can carry. (This was suggested by Nyquist and proved by Shannon.) An NTSC color signal can carry about 640x480 pixels at 30 frames per second, tops.

    Or do you get HDTV? I didn't know any station was broadcasting Max Headroom in HDTV. Heck, I didn't even know Max Headroom was produced in HDTV resolution.

    Or are you using some sort of non-linear filter to add faux detail to the picture?

    --
    Will I retire or break 10K?
  124. Re:If I hear Linux Tivo-like Device one more time by isorox · · Score: 2

    I've seen an amiga changing channels on a pace sky digital box, it was a simple hack I believe.

  125. Re: DirecTivo by SethJohnson · · Score: 2


    Mark,

    I am not trying to flame you or criticize you. Just thought I might offer you some insight.

    In the research I assume you have done (I didn't read your essay because your post suggests that it's just going to be the internet rantings of a crank), I doubt you found any purchasers complaining about how crummy TiVo is. You dismiss the word-of-mouth endorsements of your out-of-state friends because they're "techno-geeks". Think about this: Sony is selling TiVo boxes with their logo. Sony. That's not some crazy group of people selling some collection of parts off the internet to people with EE (Electrical Engineering) degrees.

    Because you seem interested in the convenience of a PVR, I recommend that you actually take the plunge and buy a TiVo. Most stores have a 30-day, "no-questions-asked" return policy. If you get it home and are unsatisfied, you probably can even get a refund on the subscription fee, too.

    I am pretty confident, though, that you'll fall into the overwhelming majority of purchasers who recognize that PVRs (like TiVo) are the future of television watching.

    As for your concern about the future of the product, it'll be there even if TiVo goes bankrupt. Do you think Sony is going bankrupt anytime soon? The cash-burner in this market is the building of the console. The post-sale service is the profit stream. Do you think all the existing owners would be ignored by third-parties as well as Sony? Those people are FREE MONEY for anyone who can provide a simple replacement for the TiVo service. Heck, if you look close enough, you'll see that there are already people within the TiVo hacking community who have the wherewithall to provide this service out of their bedrooms, but they're currently not because they don't want to threaten the TiVo business model.
  126. DONT GO TO PICVIDEO.COM!! It's Porn. :P by NanoGator · · Score: 2

    Dude, I'm sorry, I should have given you a link to the MotionJPEG Codec instead of just telling you the name of it. PicVideo.com is a porn site. *just discovered that*

    Here's the link you want:

    http://www.jpg.com/video/mjpeg.htm

    I apologize for not giving you this link earlier.

    --
    "Derp de derp."
    1. Re:DONT GO TO PICVIDEO.COM!! It's Porn. :P by gfxguy · · Score: 1

      Thanks.

      --
      Stupid sexy Flanders.
  127. Have you actually used one of these things? by Anonymous Coward · · Score: 0

    Whine all you want about your rights being infringed on, or how your principles prevent you from buying one. But I dare you to buy one, use it for a month or so, and then try to part from it.

    The Replay and TiVo I own have completely redefined my relationship with television for the better. I couldn't even imagine watching TV without them, and now find myself reaching for the "Instant Replay" button when listening to the radio or watching a movie (where, of course, no such button exists).

    It's obvious that the majority of the posts here come from people who have never used these devices, and prefer to think of themselves as somehow intellectually superior for having done so. But all of this dribble here ignores the simple fact that PVRs, whether Replay, TiVo, UTV, or home-built, are just freakin' cool. And since home-brew systems will *never* be mainstream, we'll just have to live with what's available.

  128. What about Hauppauge's Win-TV PVR? by penguin_dance · · Score: 1
    Has anyone tried this? I really would like to have a ReplayTV, however it's very costly. Also you can record, but I want to be able to burn the programs on to a CD which is not doable according to BlueSonic. But Hauppauge has a PVR card that looks like an interesting alternative. It also has a scheduler. So you can schedule recordings, pause live TV and then burn your favorites to CD all on your computer. All for a LOT less than Replay or even TiVo, I think.

    If anyone has tried this card, I love to know what they think of it.

    --
    If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
  129. Think about this by xeromist · · Score: 1

    I'd say buy one, perform a perfectly innocuous hack that isn't illegal and only benefits you, and then wait.

    If they toast you, you can take them to court and bring home a big check when they try to explain to the judge why they are above destruction of property laws.

    If they do nothing, you have a better unit, and you have further weakened the enforcibility of EULAs.

    Either way it looks like the consumer wins.

    --
    This sig is exactly seventy characters long and a real waste of space!
  130. Get a life, you geeks by Anonymous Coward · · Score: 0

    What a bunch of cheap ass fucktards all you geeks are.

  131. Remember Microsoft XP... by Dark+Coder · · Score: 1

    So, if hackers can disable anyone's MS Windows XP, what is to prevent hackers from disabling your Replay "permanently."?

    The mere fact that such capability of "disabling" Replay will only go to backfire against Replay, the omnipotent and clueless, Inc.

  132. Who cares about Tivo and ReplayTV by CaptTrips · · Score: 0

    There's other things to life than Television. Try reading, playing videos or go outside and play some b-ball.

    --

    grep >= ! == $your
  133. Re:Bad old days when you couldn't own your phone.. by dubl-u · · Score: 2

    Nice over-reaction, but you are forgetting one MAJOR point... the telephone company at the time had a huge monopoly!

    There is no similar monopoly in the hardware markets that could make me rent all my equipment and not keep control of it.


    Yet.

    But RIAA and the MPAA are sure trying to get it that way. Note the efforts of the senator from Disney, for example.

    And consider that most cable companies (which 80% of american homes get most of their content though) are regional monopolies that can mandate the use of particular hardware on their networks.

    In order for this to happen, you'd have to have some new type of hardware come out, completely patented, with no alternatives available that could do something similar.

    Thank goodness that could never happen. Oh, except for the DVD player, which is controlled by a cartel. Or most video game consoles, where the companies involved exercise complete control over who makes games and what goes in 'em.

  134. A thought regarding the "free market" by Rogerborg · · Score: 2

    Like Communism, it works well... in theory.

    In practice, it requires a hell of a lot of finessing and regulation; anti-trust laws to name but one.

    Specifically regarding this situation:

    • You can sell any kind of shit if you like, but you can't call it Shinola. ReplayTV can sell any product they like, but if the post-purchase substance and small print doesn't match the pre-purchase claims on which it's sold, they'll get bitchslapped, and rightly so.
    • You're allowed to screw customers (as long as you tell them about it) and competitors until you have 70% of the market, at which point you're an abusive monopoly. If all of the suppliers in a market are colluding to fix prices and screw customers, that's a cartel. It's debatable whether PVR's are a subset of VCR's, or whether they form their own market. If the latter, then there's already clear evidence of a cartel. If the former, it's only a matter of time before there's one, and it'd be nice to see the FTC getting its act together before the fact for once, instead of shutting the stable door after the horse is over the horizon.
    --
    If you were blocking sigs, you wouldn't have to read this.
  135. Re: DirecTivo by markwelch · · Score: 2

    Nice points, except: Sony only sells the TiVo for DirecTV users, and as I noted earlier in the thread, I cannot get DirecTV. And the only store that sells TiVo is Best Buy, 'nuff said about return policies.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  136. dumb question by djtack · · Score: 1

    I'm sort of new to the PVR world... can someone explain what happens if you don't connect your box to the phone line? Obviously, you can't access their program data, but can you still use the device like a traditional VCR?

    In other words, can you tell the device "record channel 4 starting at 7 pm"?

  137. must be a market for a simple PVR by shud_be_working · · Score: 1

    I would prefer a PVR which does not require any reoccurring service fees. I am sick and tired of everyone wanting to squeeze money out of me every month. I would like just a simple device which is not altogether too different than a VCR but instead uses digital storage. I can use my DTV unit or the built in VCR timer to set the vcr record times now. Works great. This way I do not need to look for a tape to use all the time. I don't need someone to suggest programs to watch. I'd rather save the money and just chose them the old fashioned way. Is such a product available? Othewise I will have to try to build a PVR using a PC.

    Frustrated by all this nonesense about companies all moving to subscription based services. The bleeding of our wallets will never end this way!

  138. Has anyone else noticed ... by B.D.Mills · · Score: 2
    ... how many companies with online click-through agreements with harsh terms are placing the text of them in HTML text areas that are far too small? It sure makes it easy to bury the terms in a manner that is hard to read. I have found such use of text areas to be a sure sign that the company is trying to hide something.

    Also notice how section 1E of the agreement refers to a website with the privacy policy, but the use of the text area convieniently makes it impossible to present the website as a clickable link?

    The obvious solution to this agreement and the way it is presented is to get a minor to click on the "Agree" button. Muhahaha. That way, the agreement is not binding. (I.A.N.A.L.)

    For extra fun, you could also pretend that you don't know how to use a scrollbar and claim that the agreement you agreed to was what you could read on the screen, namely:


    REPLAYTV 4500 Digital Video Recorder
    Activation and Service Agreement

    This Agreement applies to your use of the ReplayTV Service and is a legally binding agreement between you SONICblue Incorporated and its wholly owned subsidiary, ReplayTV Inc. (collectively "ReplayTV"). By clicking the button marked "I Agree" below or by otherwise communicating your acceptance to ReplayTV or by using the ReplayTV Service,

    People have successfully sue McDonald's for not knowing that coffee is hot, so surely someone with a slick lawyer could pull this off in court sooner or later.
    --

    The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
  139. From the people who actually hacked these by Anonymous Coward · · Score: 0
  140. Re:If I hear Linux Tivo-like Device one more time by BitGeek · · Score: 2



    Your ignorance does not mean my planning is "half baked". Apparently you have no clue about the issues around this area, other than what you've read on some website.

    A PVR system pretty much requires the cable box to be on all the time. TiVo and Replay don't bother toggling the power to these.

    If you'd bothered to pay you'd notice I'm talking about dealing with devices other than the cable box in the loop.

    Plus it seems pretty silly to simply not record a show because someone turned the cable box off.

    Supporting this issue is not being "half baked" on my part.

    LIRC supports a ton of good IR hardware including many devices that send and recieve CIR signals just fine.

    Maybe they do. However, I was unable to find any commercial that fit my requirements (ie: USB), weren't do it yourself projects (I can build my own if I want to) or weren't absurdly expensive. Most all of them *don't* recieve.

    Its one thing to post erronously a comment to slashdot. Its completely worse to flame someone who's right, calling them half-baked when it is YOU who is ignorant of the state of things.

    Why on earth would you hook up a VCR between your cable box and PVR system and then expect to be able to do anything useful with it?

    Because most people in the world are hooked up this way-- they have a VCR and aren't ready to get rid of it. Support for that is a nice thing to do-- not an example of being "half baked"... unless you live in the world where everyone should do things the way you want-- otherwise they are stupid and you flame them. Well, youre reality distortion field doesn't extend very far.

    You don't necessarily have to distribute the code library for every cable box on the planet.

    No, but it would be a good idea to ship a decent code library that works with whatever piece of hardware you end up supporting... and hopefully that hardware works with a variety of CIR devices (again, most of the hardware is not well baked.)

    I don't see how attempting to support a wide range of devices is "half baked".

    Piss off, idiot.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  141. Re: DirecTivo by SethJohnson · · Score: 2


    Sony has the SVR 2000 available from Amazon dot com. It's not the cheapest, nor what I would recommend. I just mention it as an example of how simplified this technology is. If Sony sells it, it's dumbed down enough for mainstream consumers like yourself. I had brought up sony to demonstrate to you that although your friends who own TiVos are techno-geeks, their embrace of the TiVo simply exhibits their foresight. It doesn't imply the product is a pain in the ass.

    I don't know what problem you have with Best Buy's return policies. I purchased my TiVo from Circuit City. They flat out said if I wanted to bring it back within the month, they'd give me my money back with no questions. 15 minutes after I got home, I knew there was no chance I would exercise that option.

    Because you completely misconstrued my reference to the Sony TiVo product as an encouragement to purchase it, I suspect that the complication you are facing in this purchase is your own doing. Perhaps you're not ready for this technology.
  142. Re: DirecTivo by markwelch · · Score: 2
    Circuit City does not sell TiVo, except the special version for DirecTV. As I noted in the essay that I linked to in my original reply here, there was still a store display at the Good Guys promoting TiVo and DirecTV when I visited the store, but the sales clerk assured me that both products had been discontinued, and my only option for PVRs would require that I buy DirecTV.

    I was surprised to see a TiVo product sold by Amazon, since the TiVo folks assured me that their non-DirecTV unit was sold exclusively through Best Buy. I suppose I might be inclined to buy a TiVo through Amazon, if I believed the unit did what I wanted -- but if it then turns out that it doesn't do what I want, then I face the hassle of boxing it up and paying for return shipping (you can't use those Amazon USPS return labels if you want proof of shipping, I went through that with a purchase from Wal-Mart.com, and ended up paying for shipping both ways).

    Oops, look again: Amazon does NOT sell the Sony TiVo unit. They have a listing on their site, showing a list price of $400 but there is no link to buy it or even pre-order it. Your only option is to buy a used unit from someone other than Amazon. Is this even the new TiVo technology, or is this the original version of TiVo with much less storage and which is already at the end of its life cycle (TiVo's promises last until the end of the product "lifetime," which means that whenever they decide the product is done, you lose any support, and program schedules need not be provided at any price.)

    About Best Buy returns: Whenever I have bought any product from Best Buy, then discovered a defect (and I do mean defect, not just a change of mind), I have to argue for 20 minutes and escalate to the store manager before they refund the full purchase price. One time, I discovered at the register that the product wasn't actually what I wanted to buy promised, and they tried to charge me a 15% return fee! After some discussion, the buyer for Best Buy promised that I could, in fact, return the TiVo unit within 30 days for a full refund, if I bought it at Best Buy (I assume that if I wanted to exercise that right, I'd need to call the buyer in Minnesota and get him to talk to the store manager here).

    But this begs the question: I still can't test it out before buying it, and it's not actually in stock at Best Buy anyway. What is a retail store here for, if not to show me and sell me the product?

    Quite simply, I will not buy a complex product if the company requires that I do many hours of research and then buy the product without ever actually knowing how it will work until after I've bought it, installed it, and paid them additional money for a service subscription.

    What I want is pretty simple: I want what Best Buy promises in its TV ads: the ability to actually try out a product in use at the store, before buying it. I'm not going to spend $400 for a TiVo or $700 for a ReplayTV if all I'm buying is a "pig in a poke." These companies are in business to sell their products, not to produce a product that people must buy, sight unseen, without knowing what the product really does and without much probability that the product will be useable six months later.

    My essay made it pretty clear: after spending many hours doing research, I felt that it was not time to buy a PVR. Nothing anyone has said today has changed my mind, although I did learn one new thing (the fact that Amazon offers a Sony TiVo unit online).

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  143. Re:If I hear Linux Tivo-like Device one more time by GoRK · · Score: 2

    hahahaha you were so trolled

  144. Certainly applies in UK by Martin+S. · · Score: 2


    A supplier or manufacturer cannot change your statutory rights after the fact.

    In the UK, your rights are fixed when the sale is made (i.e. when you swap the box for cash at the checkout).

  145. Breaches GPL by Martin+S. · · Score: 2


    I thought the Tivo was Linux based, if so then surely this breaches clause 6 of the GPL (http://www.linux.org/info/gnu.html), which to paraphrase prevents TIVO from giving its purchasers less rights than they have themselves.