I was working for Telecom at the time. I can categorically say they were not aware of it.
I wil take your word on that. Seems to me to be a fundamental issue - the supply of a liscence and that Telecom failed to ask about this beggars belief. But given their Tivo failure comes as no surprise.
I'm not quite sure why you're blaming Telecom. They simply sold the device - they were not the licensee nor where they involved in the negotiations around the product with Tivo. You're not blaming Noel Leeming who also sold the device, nor more importantly TVNZ who were a part owner in Hybrid and were the reason Tivo made it to NZ.
I'm not blaming telecom. It is simply that they are the supplier of the product to me. I cant bring a CGA claim against anyone else. I dont blame Noel Leeming bescause I dint get my Tivos from them - if I did then I would be considering chasing NL.
Again I'm going to have to take you at your word that telecom were not involved in negotiations - but i remain skeptical. How is it they ended up with exclusive reseller rights as and were the only broadband company who could provide the services. You dont get into a monopoly situation unless there is some negotiation. And negotiation requires disclosure. I can cheerfully blame Hybrid, TVNZ and telecom for their joint contribution to Tivo downfall - but this isn't the thread for that.