[mythtv-users] SD Subscription Agreement Question

Richard Freeman r-mythtv at thefreemanclan.net
Tue Aug 14 00:54:40 UTC 2007


Matt wrote:
> I'm assuming that doesn't mean licensing of personally identifiable
> information (name, address, e-mail address), etc.  I guess I can't
> really tell since the privacy policy isn't up yet, but I just thought
> I'd ask.  And would that section over-ride the terms in the privacy
> policy?  Which takes precedence?
> 
> ... if only I read _all_ the terms of agreements ;-)
> 

Don't worry - 99% of these sorts of agreements aren't enforceable 
against ordinary consumers anyway except to the extent that they are 
common sense (in which case they'd probably be enforcible even if not 
written down).  Of course, I am not a lawyer, so if you truly care about 
such matters you should talk to one.

That doesn't make agreements like this one without value or purpose - 
just keep in mind that to the degree that it just doesn't make sense it 
probably isn't enforcible anyway.  I'm sure most states would toss the 
venue restriction immediately if nothing else unless the dispute were 
substantial, and most issues that would concern somebody enough to sue 
would probably rise to a level that they'd be covered by some consumer 
law that couldn't be overridden by a non-negotiated agreement like this 
one.  However, considering that most normal users wouldn't have a 
dispute amounting to more than $15 and that the guys running the company 
are decent I doubt anything in this agreement is going to get litigated 
with ordinary users.  The only people I could see getting into legal 
battles would be for-profits trying to end-run the terms of the 
agreement, and such disputes would probably be of such a size that the 
more onerous clauses like venue would be taken seriously (I'm guessing a 
court would be more stringent for a corporate user than for an 
individual since the former would presumably have a lawyer peruse the 
agreement if SD were core to their business, but the latter would not).

Again, I'm not a lawyer, but I have a fascination with such subjects.


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