You might own the property, but they own the software and control how it's used. This fight has been going on for decades between manufacturers and consumers.
Guess what? It always ends up the very same way. The manufacturers win. So, either suck it up or sell what you have to some who doesn't have a problem with the ToS.
It's your choice, so exercise it, and I do the same. I accepted the ToS because there is no reason not to. The odds of my Roku device causing something so harmful that I would need to seek arbitration is so small that it's almost insufficient, in my eyes.
You might own the property, but they own the software and control how it's used. This fight has been going on for decades between manufacturers and consumers.
Guess what? It always ends up the very same way. The manufacturers win. So, either suck it up or sell what you have to some who doesn't have a problem with the ToS.
It's your choice, so exercise it, and I do the same. I accepted the ToS because there is no reason not to. The odds of my Roku device causing something so harmful that I would need to seek arbitration are so small that it's almost insufficient, in my eyes.
Of all the battles in the world worth fighting, my Roku or any other streaming device is not the hill I choose to die on.
Lets look at software
Say Windows
You Buy a computer, You get software updates until its deemed too old and support ends. At that point you Still have use, you did Buy with computer a License to use
Microsoft cannot just come in and BRICK millions of PC's unless accept "updated TOS"
Updated TOS would only apply to continued support, etc. No acceptance no more updates..continue to use under old license and without updates.
TOS, updated also would apply to New solkd licenses.
Lets look at Roku,
They Bricked use, blocked use, unless accept retroactive TOS
You argue its a software thing yet they did sell property, the software side be a license to use the software included, the license must be good as long as hardware works
there cannot be retroactive changing TOS or No Use of device unless agree
as then it breaks contract law, violates the meeting of minds at time of purchase... brick use, pay owners back FULL REFUND of what paid then. Millions of Roku TV owners and boxes, sticks should have right to return the devices for full refunds, the company having violated the contract's of sale.
Lets also look at TOS want to push on
It changes peoples basic rights IN LAW and forces arbitration.
You look at what harm device might do and do not realize that the new TOS will block your taking legal action if Roku has a BREACH of info they get causing ID Theft and thousands of $$$ to Fix an ID Theft arising from the breach of data Roku holds
Roku does sell through Subscription's where you pay roku not say hulu, netflix,hbo max etc direct but roku. So Roku has credit card info. Roku has your Address, Roku has other data.
New TOS forces arbitration if a data breach exposes info.
Cuts away persons rights to class action, rights to direct sue..
Companys that do not encrypt data, that do not have high security
rather go to arbitration with a hired company that arbitrates (fix is in ) so their exposure for poor security doesnt cost them.
TOS isnt simply about devices working, and software its about limiting their liability if your data they have is breached.
As far as software, Roku can simply refuse to provide updates to it if dont accept TOS but the software then needs concern only ROKU, with the BRICKING of like a TV
they deny any use of a TV, the basics...and brick use of other companys APPS to access service paying for.
No Device should be bricked this way unless click an agree in fact their way could if goes to court be considered a blackmail to regain access of ones property...not much different from ransomware.
Rokus actions may result in Legislation to curtail such action by companys, they should not be able to change TOS retroactively, in many ways if one sues over a product your limited to only using laws etc in effect at time of harm occurring.
fladude wrote:...
They Bricked use, blocked use, unless accept retroactive TOS
...
No Device should be bricked this way unless click an agree in fact their way could if goes to court be considered a blackmail to regain access of ones property...not much different from ransomware.
...
I don't believe any of us disagree that Roku made a terrible blunder in the way they did this. It was completely unacceptable to block access, especially a TV that has uses other than the Roku OS (OTA broadcasts, HDMI inputs). We can hope that heads will roll over this and they never do something so stupid again.
As far as the TOS update, the arbitration piece was not new. It was already included in the Roku TOS. Everyone is hollering about it adding binding arbitration, but it was already there. But again, the way Roku pushed this out was completely unacceptable and I hope they have learned a lesson from this. I'm not concerned in the least about the changes to the TOS. But it did anger me the way it was forced on my device with no option to continue use without accepting.
Agree with your premise. I just hope it's not deeper than that for us product owners out here. I researched patent infringement cases and there's a retry of Roku Inc. v. ITC case # 22-1386 that is in the courts about "Quick Set" s/w patent infringement that may have Roku's lawyers busy. I did send the opt out letter to them, but haven't heard back (and my 4k TCL tv is still functioning - just viewing live tv from our cable) and hope they don't try and brick it again. Still not happy with their throwing their platform users under the bus here. I may be wrong, but am still hoping they'll work something out and don't leave us in a bind. I don't think this is over yet. Also what's with the "jump thru hoops" with the squares for verification? Just another road block for members on the community boards. A little late much?
Death to the CEOs and lawyers
