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TiVo Goes After Sites Hosting Image Backups

TiVo User writes "TiVo has apparently decided to come down on sites that hosted 'image backups,' essentially tarballs of the OS for the machine, which just happens to be Linux. TiVo owners use the images to install on new, larger hard drives (increasing the recording capacity of the unit) or to recover a dead system. Why TiVo has a problem with this, but allows others to sell the same images for profit is beyond me." Read on for the rest of TiVo User's comments. "The images are not used to create pirate TiVos (as a subscription service, TiVo justifiably controls access to their database tightly), so there wouldn't appear to be much harm in allowing them to be hosted. TiVo has always walked a fine line in allowing the user community to mod their units, perhaps they have finally stepped over that line, considering there are free alternatives that are less restrictive. To their credit, the legal mumbo jumbo in their cease letter is non-threatening compared to most other of this type, but it's interesting the letter draws no distinction between the portions of the software that are Linux, and therefore expressly distributable, and those that are proprietary to TiVo."

8 of 423 comments (clear)

  1. Three points by Space+cowboy · · Score: 5, Interesting

    1. If Tivo has commercially-sensitive proprietary kernel modules, they are not obliged to distribute them, and AFAIK, the Tivo filesystem code falls into this category

    2. They're bound to get a lot of people jumping on them "you must distribute", etc. See (1).

    3. They're walking a fine line. I'm setting up a Mini-ITX/Hauppage 350 PVR with MythTV as a front-end. It looks cool, and it'll have a lot more features (like: burn a DVD as well as the normal PVR stuff :-) If I can do it, a lot of others can too...

    Simon

    --
    Physicists get Hadrons!
    1. Re:Three points by AKnightCowboy · · Score: 5, Interesting
      If Tivo has commercially-sensitive proprietary kernel modules, they are not obliged to distribute them, and AFAIK, the Tivo filesystem code falls into this category

      That's not what Linus said in this earlier Slashdot story from Monday. It seems pretty unbelievable that TiVo developed their "proprietary kernel modules" for whatever hardware they're using without any knowledge of the kernel internals or intention to link the resulting binary module to the kernel. IANAL of course, but from reading through Linus' postings it seems like he thinks this kind of situation would require TiVo to release the source code to any binary kernel modules as well since they are derived from the GPL'd Linux kernel. I'm not familiar with TiVos in particular, but does anyone have any proof that they've made no derivative works from userland code or the Linux kernel without releasing source code to the modifications?

      Personally I think TiVo should have to distribute the source code to their product so that people can choose whether or not they want to buy the service or would prefer to just write their own interface to guide information using XmlTV. One of the main reasons I wouldn't buy a TiVo is I don't want to be tied to one company's guide information. If they fold I am screwed and my TiVo would be useless. It almost happened to ReplayTV users.

  2. RE: by rdilallo · · Score: 4, Interesting

    Tivo's business model is upsetting everyone. Advertisers get commercials skipped, shows are getting ripped and download from the web... it doesn't surprise me that they're trying to keep their "source code" in house.

    If it wasn't for someone having their image of the OS out there, I wouldn't have been able to fix my Tivo Series 2 that's less that one year old!

  3. Hardware requirements for free alternatives? by PastaAnta · · Score: 5, Interesting

    I know this is slightly offtopic, but what hardware is required for the free alternatives (MythTV/Freevo) to work smoothly?

    Will a 1GHz VIA MiniITX board be able to do simultaneous encoding/playback (timeshifting) in MPEG2 or is an Athlon XP 1800+ necessary?

    What hardware do YOU use?

  4. ReplayTv by nearlygod · · Score: 4, Interesting

    Maybe it is time for some of the Tivo faithful to move over to ReplayTV. I wouldn't give mine up. Tivo may be better of the average consumer but if for a geek, I think ReplayTV is the way to go.

    --
    The Tools Of Ignorance wanna be a tool?
  5. One good reason they may have by wowbagger · · Score: 4, Interesting

    I follow the Tivo discusson forums, and there is one good reason Tivo may not want these images distributed.

    The images for different Tivos are slightly different - a Phillips unit is not quite the same as a Sony, a DTivo is different than a stand alone Tivo, and of course Series II Tivos are MIPS rather than PPC based.

    The common use case for these images goes something like this:

    Joe L. Usr tries to upgrade his system. He, of course, does not back up his system. He adds a drive and botches the process.

    Joe figgrs he will just download a new image and "fix" his system. So he pulls down the first image he can find, and BAM! his Tivo is now not merely broken, but toast.

    Now, the upgrade sites actually require you to tell them what hardware you have, and thus (one hopes) can insure you get the correct image.

    So Tivo MAY want to prevent folks from moron-izing their systems, but not have a problem with folks that don't have a history of doing so.

  6. Re:What's the problem? by wfberg · · Score: 4, Interesting

    How is this different to somebody hosting Windows ISOs? If there is software that is copyrighted by Tivo inside the images and they haven't given the people distributing them license to do so, then they are well within their rights to stop the distribution.

    TiVo software is tied to the hardware anyway, there's no use for it other than on a TiVo. They are legally within their rights (as long as they don't go after people only distributing the GPL'ed bits), but morally it's a shakier situation. In essence they're using their copyrights to go after people who modify their kit; and they have no other legal avenue or compelling interest to go after people modifying their own, fully owned hardware. If you'll remember, people get uppity about such things (e.g. DMCA, modchips) all the time..

    And for a windows example; why do you need a separate license to put your IT departments image of windows XP on a Dell that comes with an OEM version of XP? It's the same collection of bits, just from a different source. It's a rip off.

    --
    SCO employee? Check out the bounty
  7. Re:TiVo by jaredmauch · · Score: 4, Interesting
    If you're in California, this is not the case.

    "A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs has not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within sixty (60) days after they were completed. If after a reasonable number of attempts, the defect has not bee fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for use. The time extension does not affect the protection or remedies the buyer has under other laws.