Registered: Sep 2001
Location: Sun Valley, Kentucky
Well said. Your take on my anaolgy is compelling AND makes more sense
I may not have the 'right' to have FOTL erase their logo from the 4th shirt, but I do have the right not to wear it or view their advertising. Much like the HD space, I may not have the 'right' to fill it with something else, but I do have the right now to have to see the ads they put there.
For the record, for me this really isn't a legal issue at all. I don't want to be part of a class action suit in fact if I never see another court document with my name on it I'll be very happy.
This is about making Tivo a better product for 1) current users and 2) and most important everyone considering buying one. Tivo already has trouble with market penetration, all it needs is to be labeled an ad box. I would rather hear a Best Buy salesman telling a potential customer who doesn't yet understand Tivo how much optional cool extra content can be (movie trailers, premier videos) had rather than defending why you must pay $400 and $12.95 a month for another 'newspaper full of ads' which for some strange reason people want to keep comparing it to.
Originally posted by Norm_bone
Actually, I think that's a pretty good example. Say you did buy a 3 pack of t-shirts, and instead recieved 4, but one of them had "Fruit of the Loom" printed on the front. As I understand it, you do not have the legal right to have the fourth shirt replaced. The package claimed to have 3 shirts. You have three "in-specification" shirts. You can keep the fourth out of spec. one, but FOTL isn't obligated to replace it for you. Granted, in the real case of a Tivo you can't throw out the fourth shirt and keep the three, but similarly, FOTL isn't forcing you to wear the fourth one. (That would cross the line, IMO.) Alternatively, you can return the entire package of shirts.
A better analogy was suggested though; easments. You bought a Tivo that had an "easment" of so much hard drive space for software and ads. In the same way that you don't regain title to the easment in real estate when you discover its existance, you don't have a right to claim the reserved space. Similarly, (Sorry to say it,) the fact that Belmont didn't realize that an some hard drive space would be reserved for ads is Belmont's fault for not doing dilligent research. This was known 6 months ago.
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