{"id":639,"date":"2009-04-12T02:22:58","date_gmt":"2009-04-12T06:22:58","guid":{"rendered":"http:\/\/tim.cexx.org\/?p=639"},"modified":"2009-04-12T02:22:58","modified_gmt":"2009-04-12T06:22:58","slug":"comcast-shes-at-it-again","status":"publish","type":"post","link":"https:\/\/tim.cexx.org\/?p=639","title":{"rendered":"Comcast, she’s at it again…"},"content":{"rendered":"

Just got the latest Comcast TOS patch with my bill (an adhesion contract<\/a> officially titled, “Notice From Comcast Regarding Changes To Your Comcast Agreement For Residential Service” (try saying that three times fast)), stuffed inside of a cheerful note about their commitment to happy cheerful customers. What it actually entails is left intentionally vague, but it appears Comcast is trying to set itself up the legal ability to torpedo competitors’ VoIP equipment, and add\/REMOVE functionality, via unauthorized firmware “upgrades” to customer-owned equipment. Sure, I would like to believe that they have my and other customers’ best intentions at heart, and just want to log in in the middle of the night and update our Linksys router firmware for us so that russian h4x0rz can’t store up to 256KB of kiddie porn in the flash ROM, but my experience is that contract-change stuffers are seldom in the customer’s interest.<\/p>\n

Dan Kusnetzky at ZDNet<\/a> got the new stuffer and also had concerns about the “downloads” and other rights asserted to open up and tinker with customer-owned equipment, including computers, voiding warranties as they go. While I agree with his guess that they probably just want to maintain their own equipment (e.g. Cable Cards) inside customer-owned cable boxes and TVs, there’s no reason to write such terms so overbroadly as to cover a wide spectrum of unauthorized, and potentially hazardous, modifications to customer-owned computers, access points, VoIP boxes and other equipment.<\/p>\n

The actual stuffer is reproduced below. It’s lengthy! The important bits are in red<\/b><\/font>, and my comments are in italics<\/i>.<\/p>\n

Customer Equipment.
\nCustomer Equipment consists of software
\nor services that you elect to use in connection with the Services
\nor Comcast Equipment (the “Customer Equipment”). You agree
\nto allow us and our agents the rights to insert cable cards and
\nother hardware in the Customer Equipment, send software and\/or
\n“downloads” to the Customer Equipment and install, configure,
\nmaintain, inspect and upgrade the Customer Equipment<\/b><\/font> and
\nComcast Equipment. You warrant that you are either the owner
\nof the Customer Equipment or that you have the authority to give
\nus access to the Customer Equipment. If you are not the owner
\nof the Customer Equipment, you are responsible for obtaining any
\nnecessary approval from the owner to allow us and our agents
\naccess to the Customer Equipment to perform the activities
\nspecified above.<\/p>\n

Comcast has no responsibility for the operation or support,
\nmaintenance, or repair of any Customer Equipment including, but
\nnot limited to, Customer Equipment to which Comcast or a third
\nparty has sent software or “downloads.”<\/b><\/font> So, if Comcast bricks your expensive HDTV trying to perform a remote ‘upgrade’, boo hoo, better luck next TV.<\/i> You acknowledge and
\nunderstand Comcast Digital Voice Service (“CDV”) may not
\nsupport or be compatible with non-recommended configurations
\nincluding but not limited to multimedia terminal adapters (“MTA”)
\nnot currently certified by Comcast as compatible with CDV<\/b><\/font>;<\/p>\n

Ah yes, now I remember Comcast’s stance on ‘Net Neutrality and the use of competing VoIP services on its network<\/a>. A “Multimedia Terminal Adapter (MTA)” is the technical name for a VoIP box. I wonder why and how they are sending “downloads” to arbitrary third-party equipment? This might work as Apple’s ‘update’ for jailbroken iPhones<\/a>.<\/i><\/p>\n

Customer Equipment, including, but not limited to, non-voice
\ncommunications equipment, including certain makes or models
\nof alarm and security systems or devices, certain medical
\nmonitoring devices, certain fax machines, and certain “dial-up”
\nmodems; rotary-dial phone handsets, pulse-dial phone handsets,
\nand models of other voice-related communications equipment
\nsuch as private branch exchange (PBX) equipment, answering
\nmachines, and traditional Caller ID units.<\/p>\n

For Video and Comcast High-Speed Internet (“HSI”)
\nCustomers. You agree that by using the Services, you are
\nenabling and authorizing Comcast, its authorized agents and
\nequipment manufacturers to send code updates to the
\nComcast Equipment and Customer Equipment, including, but
\nnot limited to<\/b><\/font> customer-owned<\/i> cable modems and<\/b><\/font> customer-owned<\/i> digital interactive televisions
\nwith CableCARDs, at any time<\/b><\/font> it is determined necessary to
\ndo so as part of the Services. Such code updates may
\nchange, add or remove features<\/b><\/font> or functionality of any such
\ncustomer-owned<\/i> equipment or the Services.<\/p>\n

For HSI and CDV Customers. You can find Comcast’s current
\nminimum technical and other requirements for HSI
\ncustomers at http:\/\/www.comcast.com\/Support\/Corp1
\n\/FAQ\/Fag Detail2205.html and for CDV customers at
\nwww.comcast.com\/cdv\/faqs. These requirements may be
\nlocated at an alternative site if we so notify you. To use CDV,
\nyou will need a MTA that meets our specifications. In some
\nareas, we may permit you to use CDV with an MTA that you
\nhave purchased. Depending on availability in your area, you
\nmay have the option to install the MTA yourself or have
\nComcast install it for you. You agree to keep the MTA plugged
\ninto a working electrical power outlet at all times.<\/b><\/font><\/p>\n

…and what if I don’t? Not that I expect them to do so (anymore than I expect to use “Comcast Digital Voice”), but this clause technically gives Comcast the power to terminate a customer’s account and levy damages against them for breach of contract if they inadvertently kick the plug out of the wall. (Or, for suitably perverse readings, have their power go out…)<\/i><\/p>\n

Whether a
\ncable modem, gateway\/router, MTA or other device is owned
\nby you or us, we have the right, but not the obligation, to
\nupgrade or change the firmware in these devices remotely or
\non the Premises at any time<\/b><\/font> that we determine it necessary
\nor desirable in order to provide Services to you in accordance
\nwith our specifications and requirements.<\/p>\n

For CDV Customers. In order to use CDV, you are required
\nto provide certain equipment such as a phone handset or
\nequivalent, inside phone wiring and outlets, and an electrical
\npower outlet. If you live in an apartment or a similar multi-
\ntenant dwelling, you may have to provide a cordless phone
\nas well. If we do not have access to the inside phone wiring
\nin your home or if you are installing CDV yourself without the
\nassistance of a Comcast technician (“self-installation”) where
\nwe make that option available, you will need to plug a
\ncordless phone into the MTA in order to use CDV throughout
\nyour home. CERTAIN MAKES AND MODELS OF CORDLESS
\nPHONES USE THE ELECTRICAL POWER IN YOUR HOME. IF
\nTHERE IS AN ELECTRICAL POWER OUTAGE, THE
\nCORDLESS PHONE WILL CEASE TO OPERATE DURING THE
\nOUTAGE, PREVENTING USE OF CDV VIA THE CORDLESS
\nPHONE. DO NOT ATTEMPT TO CONNECT CDV TO INSIDE
\nPHONE WIRING YOURSELF. In order to use online features
\nof CDV, where we”make those features available, you are
\nrequired to provide certain hardware, such as a personal
\ncomputer, software, an Internet browser, and access to
\nthe Internet.<\/p>\n

CUSTOMER EQUIPMENT – LIMITATION OF COMCAST’S
\nLIABILITY<\/p>\n

CUSTOMER EQUIPMENT MAY BE DAMAGED
\nOR SUFFER SERVICE OUTAGES AS A RESULT OF THE
\nINSTALLATION, SELF-INSTALLATION, USE, INSPECTION,
\nMAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF
\nCOMCAST EQUIPMENT, CUSTOMER EQUIPMENT AND\/OR
\nTHE SERVICES<\/b><\/font>. Most probably, the “downloads”. Equipment failure due to botched or interrupted firmware updates is among the most common consumer electronics failure modes, and is in fact the very origin of the verb ‘to brick’<\/a>.<\/i> EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL
\nMISCONDUCT, NEITHER COMCAST NOR ANY OF ITS
\nAFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR
\nCONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR
\nANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER
\nEQUIPMENT<\/b><\/font>. IN THE EVENT OF GROSS NEGLIGENCE OR
\nWILLFUL MISCONDUCT BY COMCAST, ITS SUPPLIERS,
\nEMPLOYEES, AGENTS, OR CONTRACTORS, WE SHALL PAY FOR
\nTHE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER
\nEQUIPMENT (AT OUR SOLE DISCRETION) UP TO A MAXIMUM
\nOF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY
\nRELATING TO SUCH ACTIVITY.
\n\u2022 For HSI and Video Customers. YOU UNDERSTAND THAT
\nYOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE
\nOPENED, UPDATED, ACCESSED OR USED EITHER BY YOU
\nOR BY US OR OUR AGENTS, IN CONNECTION WITH THE
\nINSTALLATION, UPDATING OR REPAIR OF HSI OR VIDEO
\nSERVICES. THE OPENING, ACCESSING OR USE OF YOUR
\nCOMPUTER, OTHER DEVICES USED IN CONNECTION WITH
\nYOUR COMPUTER, OR YOUR VIDEO DEVICES MAY VOID
\nWARRANTIES<\/b><\/font> PROVIDED BY THE COMPUTER OR OTHER
\nDEVICE MANUFACTURER OR OTHER PARTIES RELATING
\nTO THE COMPUTER’S OR DEVICE’S HARDWARE OR
\nSOFTWARE. NEITHER COMCAST NOR ANY OF ITS
\nAFFILIATES, SUPPLIERS, OR AGENTS, SHALL HAVE ANY
\nLIABILITY WHATSOEVER AS A RESULT OF THE VOIDING OF
\nANY SUCH WARRANTIES.<\/b><\/font><\/p>\n

Comcast Equipment. You agree that except for the wiring
\ninstalled inside the Premises (“Inside Wiring”), all Comcast
\nEquipment belongs to us or other third parties and will not be
\ndeemed fixtures or in any way part of the Premises. Comcast
\nEquipment includes all software or “downloads” to Customer
\nEquipment<\/b><\/font> This makes determining legal ownership of the hardware, where Comcast-owned firmware is burned onto the customer-owned device, a legally sticky issue<\/i> or Comcast Equipment and all new or reconditioned
\nequipment installed, provided or leased to you by us or our
\nagents, Including but not limited to, cabling or wiring and related
\nelectronic devices, cable modems, MTA, wireless
\ngateway\/routers, CableCARDs, and any other hardware. You agree
\nto use Comcast Equipment only for the Services pursuant to this
\nAgreement. We may remove or change the Comcast Equipment
\nat our discretion at any time the Services are active or following
\nthe termination of your Servlce(s). You acknowledge that our
\naddition or removal of or change to the Comcast Equipment may
\ninterrupt your Service. You agree to allow us access to the
\nPremises for these purposes. You may not sell, lease, abandon,
\nor give away the Comcast Equipment, or permit any other
\nprovider of video, high speed data or telephone services to use
\nthe Comcast Equipment. The Comcast Equipment may only be
\nused in the Premises. At your request, we may relocate the
\nComcast Equipment In the Premises for an additional charge, at
\na time agreeable to you and us. YOU UNDERSTAND AND
\nACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE
\nTHE COMCAST EQUIPMENT OR SERVICES AT A LOCATION
\nOTHER THAN THE PREMISES, THE SERVICES MAY FAIL TO
\nFUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you
\nwill not allow anyone other than Comcast employees or agents
\nto service the Comcast Equipment. We suggest that the Comcast
\nEquipment In your possession be covered by your homeowners,
\nrenters, or other insurance. You will be directly responsible for
\nloss, repair, replacement and other costs, damages, fees and
\ncharges if you do not return the Comcast Equipment to us in an
\nundamaged condition.<\/p>\n","protected":false},"excerpt":{"rendered":"

comcast, corporates, drivebydownload, broken, tos, contracts<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_FSMCFIC_featured_image_caption":"","_FSMCFIC_featured_image_nocaption":"","_FSMCFIC_featured_image_hide":"","iawp_total_views":1,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-639","post","type-post","status-publish","format-standard","hentry","category-rants-rambles"],"_links":{"self":[{"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/posts\/639","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=639"}],"version-history":[{"count":4,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/posts\/639\/revisions"}],"predecessor-version":[{"id":643,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=\/wp\/v2\/posts\/639\/revisions\/643"}],"wp:attachment":[{"href":"https:\/\/tim.cexx.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=639"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=639"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tim.cexx.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=639"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}