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Class Action Filed Against Sling Media

New submitter DewDude writes: In case you missed it; Sling Media has been forcing advertisements into video streams from Slingbox devices unless you pay for a client application, which is only an option for Apple, Android, and Windows 8 devices. The issue will now head to the courts, as two plaintiffs have filed a class action suit against Sling Media, claiming the company participated in 'bait-and-switch' tactics by charging users for the hardware, then monetizing the streaming of content. The suit notes that Sling does not own the rights to the programming into which they are inserting advertisements.

17 of 112 comments (clear)

  1. Sling me a kipper, I'll be back for breakfast by Nyder · · Score: 5, Interesting

    Guess it's going to be interesting to see if the court allows Sling box to insert advertising on streams it doesn't actually own or pay to have rebroadcast rights.

    If they are not broadcasting the original commercials and are adding their own into them, then it's sounds to me like that would be illegal. Wonder if this decision will have ramifications on how advertising is handled via hardware makers that are not content producers.

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    1. Re:Sling me a kipper, I'll be back for breakfast by arbiter1 · · Score: 4, Informative

      What they do is when you connect to your slingbox to watch. An add will play at the start kinda like youtube has some times. They don't replace the comercials on tv channels.

    2. Re:Sling me a kipper, I'll be back for breakfast by DewDude · · Score: 4, Insightful

      Putting an advertisement could constitute as monetizing the stream; and Aereo got shut down over basically monetizing streams they didn't have rebroadcast rights to. Sling doesn't have retransmit consent; but a judge ruled that the nature of the service was a private link that only served one viewer at a time. Still, that ruling was made back when you weren't getting forced advertisements either.

      They aren't inserting ads over the video stream; what they're doing is inserting an advertisement before it will play your live TV stream. These ads range from :30 to sometimes 3 minutes in length; and you have zero way of opting-out. There's no ability to skip; and even adblock is becoming a tad useless.

    3. Re:Sling me a kipper, I'll be back for breakfast by DewDude · · Score: 5, Informative

      The difference here, as I'm sure I'll have to point out many more times to people; you purchase the hardware that digitizes and streams your cable box; so you're essentially also paying for the content you are watching, as well as the bandwidth, plus the electricity to run it. All Sling really does is run a server that keeps track of your IP address to make connecting easier for people who are technically savvy.

    4. Re:Sling me a kipper, I'll be back for breakfast by Xtifr · · Score: 3, Interesting

      The legality of that is also dubious, especially in the case of CC-NC or similar content. The Grateful Dead, for example, have a very strict non-commercial-use license for their concert recordings which explicitly forbids any sort of advertisement attached to their music. If I put the Dead's music on my (ad-free) site, and someone else injects ads, that someone could well be liable for violating the Dead's copyrights. Which, since many of the Dead's copyrights are held in part by one of the founders of the EFF, could be a risky move.

      Of course, most content on the net is provided as-is, so it's not a general problem, but for cases like this, the ISPor CDN might well find themselves in legal hot water. (And it does have some obvious analogy to the case at hand.)

    5. Re:Sling me a kipper, I'll be back for breakfast by davester666 · · Score: 5, Funny

      No you thief. You didn't pay Sling for the box. You just paid for a license to use it.

      They deserve to track what you watch, rent your statistics to whomever wants access to them and to sell advertising for you to watch, because clearly you didn't pay nearly enough for an ad-free experience.

      So there.

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      Sleep your way to a whiter smile...date a dentist!
    6. Re:Sling me a kipper, I'll be back for breakfast by Megane · · Score: 3, Insightful

      people forget that the original pitch for cable-tv was that, because you paid a monthly fee, there would be no ads in the content

      [Citation Needed] where does this meme come from?

      The original pitch for cable TV in the 1950s was basically "we make the antenna work so you don't have to", especially for people who lived in an area where mountains obstructed the signal. Cable-only channels came much later, in the late '70s and early '80s when satellite TV happened. And they already had ads on them.

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  2. It's been going on...for months by DewDude · · Score: 5, Interesting

    The ads started appearing back in like, November. It started out as a youtube-like ad in the browser client; which at the time was the only PC based way of watching the units. Then they started hard-coding them in to the new desktop application. At first, you had the option of skipping after so many seconds; but lately they've been advertisements between :30 and 2:30 that have no way of skipping them.

    They are not actually inserting advertisements in the video stream; but what they are doing is requiring you to watch one before it will begin playing your TV. As many pointed out Youtube does this; I also point out to people that I don't buy hardware to watch youtube; where as I've purchased a physical piece of hardware as well as subscribe to a TV service to utilize the hardware.

    To make matters worse; Sling has seemingly gone downhill in customer support. When you question the advertisements to them on social media, you don't get a response; you get silenced and banned from that social media page. If you talk about it on the forums; they will delete the posts. They're going to great lengths to not only hide the fact you will get advertisements from them in this manner; but even greater lengths of blatantly ignoring customers.

    The whole issue with this is they are in fact monetizing your viewing; which is the exact same thing Aereo got shut down over. I'm getting the feeling that they were taking the one judge stating Singbox is not retransmission in a manner they weren't supposed to; and decided to monetize every time you connect.

    I get that they have server maintenance to pay for; but it's not like they quit selling Slingboxes; and no one was actually complaining when it was an un-obtrusive banner ad displayed on the client plugin. But the fact they're basically making you watch an entire advertisement that does nothing but benefit them; so you can watch TV you pay for, on hardware they own; they've just taken the "evil corporate" route.

  3. Re:Gotta pay for the streams somehow by DewDude · · Score: 4, Informative

    What do you mean "pay for the streams". Sling doesn't pay for the streams. You're paying for the streams by subscribing to cable TV; you're paying for the bandwidth because it's your internet connection you're streaming from; you've also given them a couple hundred bucks for the hardware to do this.

  4. Re:Why? by DewDude · · Score: 4, Informative

    Because most of us didn't "subscribe" to it; we have a piece of hardware that cost between $180 and $300 sitting on our AV racks we did for this same purpose. It's a little more difficult to justify "dropping it" when there's physical hardware you've shelled out money for involved.

  5. Amazon Instant Video by bl968 · · Score: 3, Informative

    Amazon tried doing that to me with prime instant video on my Kindle, until I pointed out that I paid good money for the option of not having advertising on my Kindle, and that in my opinion that included while watching prime instant video. They quickly modified my account so I no longer see those ads.

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    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
  6. I was wondering... by Drakonblayde · · Score: 4, Interesting

    ...when someone would get around to this.

    I work for one of the big cable companies. We use slingboxes at hub sites which are remote or just not staffed 24/7 in order to be able to verify whether or not video service is working, particularly after maintenances which may affect video.

    A couple weeks ago was the first time in awhile that I've had to verify it myself, and I was very surprised to see ads popping up before the live tv stream kicked in, and I was thinking 'that's.... not right'. I'm not terribly surprised that there are some consumers who are pissed off enough to sue.

    It's one thing if the service is free. With Youtube, we kind of understand that they have to show ads in order to keep the service free. But when something I paid for in order to use starts shoving ads at me, I tend to get a little ticked off too.

    I'm curious, does Netflix do the same thing? Show ads before you start streaming? I don't remember that being the case, but I stopped using Netflix after their price hike fiasco.

    If they don't currently do this, and Sling Media wins the suit, I'll bet my bottom dollar they will.

    1. Re:I was wondering... by DewDude · · Score: 4, Insightful

      I actually know a couple guys in the broadcast and cable industry who have made heavy usage of Slingboxes for various tasks; one guy I know works for a fiber co-op and they use them to quickly verify if a problem exists at whatever partner is down-linking it, a couple of others use them for remote monitoring, and I've heard of a case or two where they were used for verification of ad-insertions.

      I first noticed the ads creeping up back in like, November; it's only gotten even worse as the months have drug on.

      Hulu shows ads even on the paid service; Netflix doesn't though; and it's probably against their contracts on content to do so. Sling has no contract over the content we're watching...because it's a private stream and we bought hardware.

      Even if the class-action doesn't go through; I'm pretty sure it will have attracted the attention of the content providers...who will likely start their own suits.

  7. Re:Why? by Drakonblayde · · Score: 3, Insightful

    Yup. that's why folks are kind of pissed about it and claiming bait and switch. Most folks purchased a slingbox as a device to act as video forwarder so they could watch their tv service when they weren't physically present, and Slingboxes have been really good at that for a long time. If folks knew they'd be getting extra ads on the device, they may have opted not to purchase.

    I personally think that Sling should be forced to issue refunds if they're not going to stop the ads.

  8. look how far we've come ma! by don_combatant · · Score: 3, Funny

    broadcast tv: free
    original cable tv: paid, but commercial free
    mature cable tv: paid with commercials
    sling: paid hardware, paid cable tv and commercials
    new sling: paid hardware, sling commercials, paid cable tv, and cable tv commercials!

  9. Long-time Slingbox user by mattsday · · Score: 4, Interesting

    I've owned a Slingbox since the mid-2000s and been very happy with the service. For those unfamiliar, you hook it up to your set top box and it rebroadcasts your signal over the internet and provides things like a remote control library so you can manage your device 100% remotely.

    When I first got it, it came with Desktop software for Windows and Mac. This was replaced with a plugin based web interface a few years ago. For iOS and Android devices you have to buy a (rather expensive) dedicated app. I thought this was good value for money so invested. It's especially useful as I travel abroad a lot and UK-based services are almost all geofenced.

    In the past 6 months they have been putting advertisements in the web app. Because Chrome has deprecated NPAPI, they released a Desktop application again (the old one doesn't work properly on recent versions of OS X). This Desktop app now inserts mandatory advertisements.

    As a long-time customer it's infuriating! I paid good money for my Slingbox which originally had a Desktop app with no ads. The sale promise was "Watch TV anywhere with no subscription". I consider advertisements a subscription.

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  10. It is ridiculous to put part of the comment in the by Stormwatch · · Score: 3

    subject box.