Tivo CGA Claim October 2017

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#1744366 20-Mar-2017 11:14

minimoke:
sbiddle:

Spark surely new the fraility of hybrid and would surely have known the end of the licence period. But they witheld this information from there customers and kept selling units. How is that right?

companies can make forecasts at to the lifecycle acceptance and viability of a service, however, they cannot see into the future. I do (I owned a TiVo up to a year ago) believe that Spark has not acted inappropriately in this case. TiVo did not gain the traction in NZ as it has in other markets, possible due to a lack of interest or a very strong incumbent service provider, I believe both.

tdgeek

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#1744367 20-Mar-2017 11:14

minimoke:
sbiddle:

minimoke:
tdgeek:

Who said the box is $940? It includes a lifetime sub to the Tivo service which is in the US is not cheap. Lets say the box is $600. In 2009 a $600 PVR is not expensive, so there is no excess durability or quality to be had

So we are back to a "lifetime" expectation.

At no time ever did telecom say words to the effect of "includes x years free tivo licence" - that is fine print that might have been worth mentioning at the time.

That they didnt is arguably misleading - but that is a discussion for another day

So Spark shout be telling everybody now buying a 3G phone that it will ultimately become useless even though they have no idea at this point when that will be?

Spark surely new the fraility of hybrid and would surely have known the end of the licence period. But they witheld this information from there customers and kept selling units. How is that right?

Your making stuff up. Giving an opinion, making it as fact. Spark probably knew the licence was 10 years. No one has unlimited permanent 1000 year licences. Hybrid like any company are there for the long term. Some fail. This thread is getting a bit weird

riahon

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#1744371 20-Mar-2017 11:18

It got weird at post#1

Jaxson

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#1744372 20-Mar-2017 11:18

Interesting read of the arguments from each side.

Re the EPG service, does anyone know where TIVO were saucing this from? The standard EPG released is 7 days, but assume this is filled with data looking further out in advance anyway though.

Did TiVo/other party do a deal on the side with channels directly to provide this data, or was it pulled from a standard location. Sony PlayTV was (still is?) doing a similar.

One assumes that if everything was going great then Hybrid/Spark/whoever originally set the deal up with Tivo, would renew the license.

The wording is suitably vague, especially here in NZ where we didn't have a subscription model for licenses anyway.

Basically it reads that as long as there is a service on offer, you are free to use it.

Anyone who purchases within 5 years before October 31st 2017 may have a comeback option under the CGA route, but I doubt for anyone else. Price doesn't really come into this. It worked for a reasonable time for most customers.

bagheera

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#1744376 20-Mar-2017 11:22

Jaxson:

Re the EPG service, does anyone know where TIVO were saucing this from? The standard EPG released is 7 days, but assume this is filled with data looking further out in advance anyway though.

as tvnz / 7 was a major owner for a bit, and prime was not there at the start - guess how the epg was source ;)

minimoke

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#1744387 20-Mar-2017 11:44

tdgeek:
Your making stuff up. Giving an opinion, making it as fact. Spark probably knew the licence was 10 years. No one has unlimited permanent 1000 year licences. Hybrid like any company are there for the long term. Some fail. This thread is getting a bit weird

I thought i was making it clear statments were opinion or fact subject to verification. I will try harder to make it clearer.

A 1000 year licence is not unlimited or permanent. Its just a very long time. And i have no idea if any one has such a thing. Certainly spark has radio spectrum licens out to 2030 - thats a fact. If i had a bit of cash i could buy a water right in ashburton that would see me through to 2046.

So it is possible to at least attempt to see into the future.

minimoke

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#1744393 20-Mar-2017 11:49

Jaxson:Anyone who purchases within 5 years before October 31st 2017 may have a comeback option under the CGA route, but I doubt for anyone else. Price doesn't really come into this. It worked for a reasonable time for most customers.

So that is potentially one of my tivos covered. I just have to work out the detail for the other. I think that will be on the basis the "5 years" is not a statutory limit - its just a guide on what a reasonable consumer should expect.

(Price is one of the factors looked at by a tribunal. It isnt the sole or over riding factor: my opinion)

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tripp

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#1744401 20-Mar-2017 12:02

minimoke:
Jaxson:Anyone who purchases within 5 years before October 31st 2017 may have a comeback option under the CGA route, but I doubt for anyone else. Price doesn't really come into this. It worked for a reasonable time for most customers.

So that is potentially one of my tivos covered. I just have to work out the detail for the other. I think that will be on the basis the "5 years" is not a statutory limit - its just a guide on what a reasonable consumer should expect.

(Price is one of the factors looked at by a tribunal. It isnt the sole or over riding factor: my opinion)

What are you hoping to get out of all this? Are you looking at trying to get spark to cover the price of 2 x new DVR's ?

minimoke

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#1744411 20-Mar-2017 12:18

What are you hoping to get out of all this? Are you looking at trying to get spark to cover the price of 2 x new DVR's ?

I havent thought that far ahead. I'm still exploring the merits of lodging a claim and weighing up my chances of sucess.

nathan

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#1744414 20-Mar-2017 12:25

Get over it, life goes on. Its just stupid FTA TV.

BlinkyBill

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#1744446 20-Mar-2017 12:39

Are you going to do a class action? If so, can I get in on it?

My situation is exactly the same as yours, with only minor differences. I got married and my wife said she would give me one cupcake per week for the rest of my life. She promised! Then we got divorced and the supply of cupcakes ceased. Can you believe it - she didn't advise me in the terms and conditions that there would be a cessation of the cupcake service.

I got more than one cupcake per week for the first couple of years and then the frequency of cupcakes delivered dropped. Sometimes she missed a week, but I didn't make an issue of that. I'm not 100% sure, but prior to our divorce I reckon someone else was getting the cupcakes.

I reckon if you set up a class action, all kinds of people could get all kinds of redress for all kinds of services not provided.

tdgeek

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#1744448 20-Mar-2017 12:40

Jaxson:

Interesting read of the arguments from each side.

Re the EPG service, does anyone know where TIVO were saucing this from? The standard EPG released is 7 days, but assume this is filled with data looking further out in advance anyway though.

Did TiVo/other party do a deal on the side with channels directly to provide this data, or was it pulled from a standard location. Sony PlayTV was (still is?) doing a similar.

One assumes that if everything was going great then Hybrid/Spark/whoever originally set the deal up with Tivo, would renew the license.

The wording is suitably vague, especially here in NZ where we didn't have a subscription model for licenses anyway.

Basically it reads that as long as there is a service on offer, you are free to use it.

Anyone who purchases within 5 years before October 31st 2017 may have a comeback option under the CGA route, but I doubt for anyone else. Price doesn't really come into this. It worked for a reasonable time for most customers.

I expect the shut off date has been set to remove that.

minimoke

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#1744474 20-Mar-2017 13:01

BlinkyBill: Are you going to do a class action? If so, can I get in on it?

My situation is exactly the same as yours, with only minor differences. I got married and my wife said she would give me one cupcake per week for the rest of my life. She promised! Then we got divorced and the supply of cupcakes ceased. Can you believe it - she didn't advise me in the terms and conditions that there would be a cessation of the cupcake service.

I got more than one cupcake per week for the first couple of years and then the frequency of cupcakes delivered dropped. Sometimes she missed a week, but I didn't make an issue of that. I'm not 100% sure, but prior to our divorce I reckon someone else was getting the cupcakes.

I reckon if you set up a class action, all kinds of people could get all kinds of redress for all kinds of services not provided.

I think you might fail. Seems you got married and subsequently there was a promise of cupcakes you should have got clarity on the supply before the offer of engagement and affirming your vows.

You dont think perhaps it was one of your oen actions which might have caused the divorce - sleeping with the sister will almost always invalidate any agreement.

Wiggum

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#1744475 20-Mar-2017 13:05

I got my shinny new Tivo in 2011 as a replacement for SkyTV. It was purchased directly from Noel leeming. If I recall correctly I thjink I paid around $350 for it.

When purchasing, I had no idea there was any type of internet service tied to it (I only discovered this later, but then had the same assumption as others here. It was a lifetime service, my lifetime!). It was just another freeview recorder, I realized later that it was never freeview certified. It certainly was marketed as the best available at that time. My Tivo has certainly proved to be just that and I am going to struggle to find a replacement. Honestly, I have no idea what.

I think my $350 has been well spend for the 5 1/2 years of service I have had with this device. I'm just gutted that I am not going to be able to use it any longer. Just the other day I was discussing with a mate on how to upgrade the hard drive. I honestly still believe that if the service was to continue, I would get another 5 years life out of this thing.

My opinion on the CGA claim is that it will most likely fail. I dont really blame Telecom or Noel leeming. I just wish I understood what I really was getting when I purchased. Saying that, if I knew in 2012 what I know now I probably would have still bought the unit. Its served me really well over the years.

Hopefully somebody or some group can keep this service open somehow. I would quiet happily fork out $10 per month for it.

tripp

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#1744490 20-Mar-2017 13:17

BlinkyBill: Are you going to do a class action? If so, can I get in on it?

My situation is exactly the same as yours, with only minor differences. I got married and my wife said she would give me one cupcake per week for the rest of my life. She promised! Then we got divorced and the supply of cupcakes ceased. Can you believe it - she didn't advise me in the terms and conditions that there would be a cessation of the cupcake service.

I got more than one cupcake per week for the first couple of years and then the frequency of cupcakes delivered dropped. Sometimes she missed a week, but I didn't make an issue of that. I'm not 100% sure, but prior to our divorce I reckon someone else was getting the cupcakes.

I reckon if you set up a class action, all kinds of people could get all kinds of redress for all kinds of services not provided.

If her mobile is with Spark then you could totally blame Spark for the divorce and lack of cupcakes.

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