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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.
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
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!
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?
Anonymous Coward:
/. readers look at the issue backwards. WHY do you think a business is even remotely concerned with what is good for consumers?
Once again
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.
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Open mind, insert foot.
...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.
"How to Do Nothing," kids activities, back in print!