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

[Michael T. Dean]

On 01/27/2014 12:26 PM, CACook wrote:
> On Mon, 27 Jan 2014 07:09:30 -0500 "Michael T. Dean" wrote:
>> 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.")
> Thank you for your concern over my contract with Dish.  But this has absolutely nothing to do with Myth or Myth devs (or you), and Myth is not subject to any sort of legal action as --Myth does not have a contract with Dish--.

We do not condone discussion of violating Terms of Service nor inciting 
others to violate Terms of Service.  MythTV does not exist for the 
purpose of circumventing Terms of Service or copyright law or such, nor 
do we want to be /perceived/ as a community that exists for this 
purpose.  So, regardless of the fact that MythTV has no contract with 
Dish, we do have a reputation to maintain.  Therefore, what you discuss 
on this list /does/ have something to do with MythTV and MythTV devs 
(and me--and, really, the entire MythTV community).

So, please take your discussion elsewhere.  You're allowed to have the 
discussion--just not here.

> Be advised that the receiver --does not belong to Dish-- and therefore those passages are irrelevant.  And I haven't "tampered" with any software nor reverse-engineered anything.

OK, let me try that again.  I tried typing the clause, because it was 
hard to copy from a PDF, but had a few typos since it was early in the 
morning.  Here it is, again, without typos, and with some additional 
section 4 information, too:
-----
4. EQUIPMENT
A. Equipment. In order to receive Services you must purchase or lease 
certain reception equipment consisting primarily of a DISH Network 
compatible satellite receiver(s) and applicable Smart Card(s), remote 
control(s), satellite antenna(s), and sometimes low noise block 
converter feed(s) (LNBF) with integrated feed(s) (collectively, 
"Equipment").
...
G. Proprietary Components and Software. DISH Network receivers and Smart 
Cards contain components and software that are proprietary to DISH 
Network and its licensors. 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 or Smart 
Card. Such actions are strictly prohibited and may result in the 
termination of this Agreement, disconnection of your Services and/or 
legal action."
-----
This does not seem to indicate--in any way--that it matters whether you 
purchase or lease the equipment (and, therefore, who owns it).  As I 
read it, you may purchase a receiver and modify it all you want, but you 
may not use a modified receiver to receive the Dish service.  Therefore, 
discussion of it is prohibited on this list.

>>> I tried and tried to tell you guys for four years but nobody would
>>> listen.  But at least I now have seven years of pure HD digital
>>> video stored, compressed by Dish's $50k encoders and not
>>> de/re-compressed...  just like God intended.
>> And I won't even mention the fact that "fair use" in the US
>> encompasses "time shifting", which does /not/ seem to include
>> "archiving" or "librarying."  In other words, "time shifting" means
>> recording a show for viewing at a later time that's more convenient
>> for the viewer, but does not allow you to record a show to keep
>> "indefinitely."  Oh, wait, did I just mention that?
> Did you know that 'time shifting' is exactly what Myth was made for?

Yes, and that's what people do with it.  Time shifting is allowed under 
fair use, so MythTV was made to allow time shifting.  If you re-read 
what I said, it's archiving and librarying that are not allowed.  MythTV 
was /not/ made for archiving or librarying, which are generally 
considered a violation of copyright law in most all countries.

I record TV, watch it (once), and delete it.  IMHO, if it's anything 
worth keeping, it's also worth buying in a better format (without all 
the TV logos and news/weather/... interruptions and ...), anyway.

> And how do you explain this automatic commercial skip?  That violates the terms of service that Dish has with every one of their advertisers.  Did you know that ReplayTV was sued out of existence for this very thing, and that Dish is currently being sued for their Hopper commercial skip?  How is this exempt from your ostensible 'arguments'?  (Or is commercial skip a personal favorite of yours...)

Please point to the section of the Terms of Service (or any other legal 
document or contract to which MythTV users may be bound) that says that 
skipping commercials or fast forwarding through them or whatever is not 
allowed.  If you do, we'll discuss how to ensure we're in compliance 
with said requirements.  I know of no such constraints on any service.

>> So please don't discuss the R-5000 on this list.
> The R5000 is relevant to this thread.

Be that as it may, discussion of it is not allowed on this list.  Feel 
free to discuss it with the OP--you have every right to speak freely.  
The MythTV community just asks that you discuss it elsewhere so that 
we're not wrongly associated with copyright/ToS violations, as the New 
York Times implied in
http://www.nytimes.com/2005/01/30/arts/television/30manl.html

Mike