[mythtv-users] Switching away from comcast to online streams

[Michael T. Dean]

On 01/27/2014 10:26 AM, Stephen P. Villano wrote:
> On 1/27/14, 7:09 AM, Michael T. Dean wrote:
>> On 01/26/2014 01:13 PM, CACook wrote:
>>> Well I'm not asking permission.  I am paying for all my content, but
>>> I am recording it as I please with the R5000-HD.  Let it be known
>>> that this device is widely reviled by Myth devs for purely political
>>> reasons, but I have single-handedly kept it running up to the latest
>>> Myth nightlies.  However I have stopped trying to convince people,
>>> and am just taking care of myself now.  Devs hate it for purely
>>> emotional and political reasons, that's too bad. Their justification
>>> is they are frightened that it may circumvent DMCA and they may get a
>>> cease and desist... but this shows they don't understand it.
>> No, devs hate it because it seems to be a direct violation of Dish
>> network's Terms of Service.
>>
>> See
>> http://www.dish.com/legal/
>> and
>> http://www.dish.com/downloads/legal/Residential-Agreement.pdf?WT.svl=video-plan-agreements-files
>>
>> (especially section 4.G. "You agree that you will not try to
>> reverse-engineer, decompile or disassemble, /nor will you tamper with
>> or modify, any software or hardware contained within any receiver of
>> Smart Card. Such actions are strictly prohibited and may result in the
>> termination of this Agreement, disconnection of your Services and/or
>> legal action.")
>>
>> and #5 at
>> http://www.mythtv.org/wiki/Mailing_List_etiquette#Anything_else_I_should_be_aware_of.3F
>>
> An even simpler and more concerning item to consider, DMCA. That makes
> doing such a thing not only a violation of the TOS of Dish networks, but
> a violation of US federal law.
>>>     An actual commercial company provided many years' support for the
>>> R5000 (SageTV) and -never- got a cease and desist, because it does
>>> -not- (Read: *NOT*) circumvent encryption nor provide free content.
>> Right, but Terms of Service...
> I'd rather violate eleven providers TOS than deal with the hassle of
> violating federal law. The eleven could get me into a civil court, the
> latter a criminal court.
>
>> So please don't discuss the R-5000 on this list.
> I disagree, save for the conditioned above. If one wishes to discuss
> circumventing DRM, that most certainly does not belong on the list.
> However, if one is simply trying to make the device work with MythTV in
> a manner compliant with DRM, TOS of the providers and the law,

But you seem to have agreed, above, that the use of custom-mod'ed R5000 
hardware is a violation of Dish TOS, and the list prohibits discussion 
of topics that are in violation of ToS/ToU, as mentioned in the linked 
"Mailing list etiquette" wiki page, above.  ("Similarly, discussion of 
topics that are in violation of the Terms of Service/Terms of Use of any 
service (including cable or satellite TV or web services, such as video 
streaming sites or television listings sites) is prohibited.")

So, you're saying, "It should be discussed, save for the fact that it's 
a violation of Dish TOS and may be a violation of DMCA?"  If so, doesn't 
that reduce to, "It should not be discussed"?  If so, I don't know why 
you're disagreeing...

>   should
> that also be prohibited from the list (assuming that the requester being
> a rational and sane individual)?

No, but since this was discussion of use of hardware that's in direct 
violation of Dish TOS (and may or may not be in violation of DMCA), I'm 
asking that the discussion be moved elsewhere.

Mike