ReplayTV 4500: No Hacking, or Else 357
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.
Does not comply (Score:4, Informative)
Overreaction (Score:5, Informative)
Tivo's Service Agreement [tivo.com]
just in case the server becomes unavailable... (Score:5, Informative)
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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.
Bad Press for Microsoft competitors (Score:3, Informative)
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....
Re:Overreaction (Score:2, Informative)
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.
Re:If I hear Linux Tivo-like Device one more time (Score:3, Informative)
They have their own domain, lirc.org [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.
Less Whining (Score:4, Informative)
Re:If I hear Linux Tivo-like Device one more time (Score:2, Informative)
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.
Re:Easy way out (Score:2, Informative)
They're pretty close though (Score:4, Informative)
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...
Re:Overreaction (Score:4, Informative)
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.
Re:They're pretty close though (Score:4, Informative)
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.