[mythtv-users] Legality of selling MythTV and its Components?

[Steve Hodge]

On 5/3/06, Anthony Vito <anthony.vito at gmail.com> wrote:
> > You can't sell CONFIGURED mythtv boxes. So firstboot (or whatever) needs to
> > prompt for zap2it account info and/or not use it. That doesn't stop the
> > distribution/sale of mythtv boxes.
>
> I call Bullshit. You can't skirt around it that easy. It's not like
> there is a specific legal document here, or even a precedent. The only
> written words from zap2it are "personal, non-commercial use" Some of
> the people they are refering to in this letter,
> http://docs.tms.tribune.com/tech/tmsdatadirect/zap2it/open_letter.html
>  Did just about what you are prescribing. If the product you are
> selling is worthless ( or worth less ) without their data ( which it
> is ) then they will argue ( with a lawsuit ) that that is a commercial
> use. My opinon is they would be right, but that doesn't matter,
> because you can't afford a lawyer anyway.

MythTV is perfectly usable and worthwhile without zap2it. Every single
user outside North America uses it that way.

Zap2it can only control access to their own service. If you are merely
selling boxes that can be configured to connect to their service
(rather than boxes already set up for a particular user) then I can't
see any legal recourse for them. The use of zap2it's service is being
initiated by the purchaser and used only by that purchaser - the
seller of the box has nothing to do with it.

You guys seem to think zap2it is some sort of all powerful overlord
who can dictate what you can and can't do with a given piece of
hardware. Your logic implies that they can sue PC manufacturers at
will because any PC might be used to connect to their service.

You're probably right about a fledgling commercial MythTV venture's
inability to afford a lawyer, but you're making an assumption that
zap2it can afford to get in costly legal battle, and I don't think
that is for certain.

> > Sorry, but I'm afraid your issue is an overreaction. HE cannot redistribute
> > or sell the zap2it guide data. That doesn't prevent him selling a box
> > without it and saying "you need to go work something out here to get the
> > guide data".
>
> Where does it say that ? Is that page 22 paragraph 4 of the zap2it
> data fair-use policy. "A system may be configured and sold such that
> the end user must complete the final zap2it setup on his/her own."
> *shakes head* you'll get sued, they already wrote the "open letter".
> That's like Israel bombing Iran in 91. They just want to make sure you
> saw it, and you know they mean business.

The open letter only states that someone using a commercially built
system *MAY* be in violation (they would be if all those commercial
system were configured to use one account , for example). It also
doesn't say anything about lawsuits. In fact it implies that their
response to this sort of thing would simply be to discontinue the free
service. That's a different sort of threat entirely.

Steve