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April 1st, 2009

Outrageous Comcast updates to customer agreement - all your systems belong to us

Posted by Dan Kusnetzky @ 6:43 am

Categories: Comcast, Off topic

Tags: Comcast Corp., Agreement, Computer, Productivity, Cable, Telecommunications, Personal Technology, Dan Kusnetzky

Although this post has appeared on April Fools day, this is no joke.

I hate to admit it, I’m a user of Comcast’s services. I just received an absolutely outrageous notice from Comcast with my bill this month.  In this notice, Comcast claims the right to do the following things:

  • Insert cards or other hardware into customer owned equipment. While I expect they mean a customers cable box, the wording allows them to modify computer hardware attached to their network.
  • Send software and or “downloads” ot the customer equipment. Install, configure, maintain, inspect and upgrade customer equipment. Once again, I suspect the intention is to allow Comcast to touch customer-owned cable boxes, the rights they assert clearly extend to computers attached to their network.

Here’s the actual wording of their assertion:

For Video and Comcast High-Speed Internet (”HSI”) Customers. You agree that by using the Services, you are enabling and authorizing Comcast, its authorized agents and equipment manufacturers to send code updates to the Comcast Equipment and Customer Equipment, including but not limited to <emphasis is mine> cable modems and digital interactive televisions with CableCARDs, at any time it is determined necessary to do so as part of the Services. Such code updates may change, add or remove features or functionality of any such equipment or the Services.

Although maintaining the right to maintain and update their own equipment seems reasonable.  This assertion of rights to inspect, insert hardware and software, etc. into customer’s own computer equipment goes way beyond what’s reasonable. Here’s a pointer to the revised customer services agreement for those of the legal persuasion.

Does this seem as outrageous to you as it does to me?

Comcast, for the record, I don’t authorize you to go searching through my computer equipment, computer software or make any modifications.  I don’t agree to your update to my agreement.

10 AM Update

I spoke with a very nice customer service agent about this agreement.  He pleasantly indicated that the intent of the agreement was that Comcast was asserting the right to update their own equipment and software that manages that equipment.

I pointed out that the wording of that agreement is much more broad.  Comcast is asserting the right to install hardare and software in just about anything attached to their network.

When presented with my concern about the overly broad wording of the change to the customer services agreement and that customers had no way to opt out, the representative said customers always had the ability to take their business to another company.

“My way or the highway” certainly is not a very customer friendly approach to an honest concern about an overly broad assertion of a supplier’s rights.

The pleasant agent did promise to pass along my concerns to their legal department. He also promised that someone would get back to me with their interpretation of their changes to the customer services agreement. I’ll let you know what I learn.  After all, I my just be proudly demonstrating both my ignorance and may stupidity. I think not, but then again, I’ve been wrong before.

3 PM update

Jason, the very pleasant customer service representative from Comcast, called me after he found out who I should call to hear the view of the Comcast legal department.  After my next conference call, I’ll call Comcast’s Legal department and have a nice little chat.

4 PM update

I called the 800 number provided by Jason and found that I was funneled into an answering system that presented a long-winded description the services offered. As one might expect, none of the options were related to my questions.  I’m not a law enforcement officier. I’m not a member of an emergency response team. I’m just a upset customer.  I’ll keep working on this and see what I can turn up during the day tomorrow.

Dan KusnetzkyDaniel Kusnetzky is a member of the senior management team of The 451 Group. He is responsible for research and publications on a broad array of technology topics. He examines emerging technology trends, vendor strategies, research and development issues, and end-user integration requirements. You can follow Dan on Twitter. See his full profile and disclosure of his industry affiliations.

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Related Discussions on TechRepublic

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  • Talkback
  • Most Recent of 63 Talkback(s)
That's actually quite simple
You have a menu where you can check for an update or send an alert to notify people that there is an update. Both are used in most hardware devices (i.e. Wii, PS3, XBox 360, DSi, ect.) Even software a... (Read the rest)
Posted by: aka_tripleB@... Posted on: 04/08/09 You are currently: a Guest | | Terms of Use
Just reply, NO!  kd5auq | 04/01/09
Send Legal Dept, a major Consumer Affairs Reporter & Chairman open letter  Rick_R | 04/01/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  JT82 | 04/01/09
Yes, they are responsible if your modem bricks  Lerianis | 04/01/09
My only issu then is...  JT82 | 04/01/09
That's a legitimate worry  Lerianis | 04/01/09
Speaking of bricks...  Jack-Booted EULA | 04/01/09
Don't forget  Jack-Booted EULA | 04/01/09
In honor of Ms. Mona Shaw...  JT82 | 04/02/09
How does Comcrap stay in business???  storm14k | 04/01/09
I had a similiar issue with another company,  xXSpeedzXx | 04/01/09
Simple, It's government granted monopoly  Linux Geek | 04/01/09
Comcast is not a government granted monopoly  Lerianis | 04/01/09
It is a government granted monopoly  rpmyers1 | 04/01/09
re: Comcast is not a government granted monopoly  none none | 04/01/09
Simple, they're the ONLY company in my area. I have no choice. [nt]  olePigeon | 04/01/09
RE:Simple, they're the ONLY company in my area. I have no choice. [nt]  richdave | 04/02/09
COMcast: Is the COM shorthand for communist?  BillDem | 04/01/09
Can someone address the legal issue?  ron.cleaver@... | 04/01/09
Usually the "Terms of service" bind you.  kd5auq | 04/01/09
If a "Terms of Service" goes too far  Lerianis | 04/01/09
More than stupid?  johnfenjackson@... | 04/01/09
This is the wonderfull U.S. of A.  kd5auq | 04/01/09
Yes, it is an attempt to sneak something past  Lerianis | 04/01/09
They would have to break into to my house  BroGnorik | 04/01/09
If you "pretend" you have a Linux computer ....  kd5auq | 04/01/09
I dont pretend...  JT82 | 04/01/09
I don't have to pretend  Linux User 147560 | 04/01/09
What's the deal with comcast?  Jack-Booted EULA | 04/01/09
They don't ....  kd5auq | 04/03/09
re: If you "pretend" you have a Linux computer ....  none none | 04/01/09
They are talking about their hardware. They say computers because of DVRs.  Been_Done_Before | 04/01/09
I wish that were the case  macadam | 04/01/09
DVR's are not computers  Lerianis | 04/01/09
DVR's are not computers and...  moralesjl15@... | 04/02/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  mack978 | 04/01/09
That's actually quite simple  aka_tripleB@... | 04/08/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  Doug0915 | 04/01/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belo  ComcastCares | 04/01/09
YOU COULD HAVE SAID SO IN THE FIRST PLACE!  kd5auq | 04/01/09
Which is precisely why  macadam | 04/01/09
While you're at it...  olePigeon | 04/01/09
Good one  Jack-Booted EULA | 04/01/09
I'm just going to ignore it until they force the issue  Michael Kelly | 04/01/09
same hee  gertruded | 04/01/09
Yeah, switch to something that isn't in your area  Lerianis | 04/01/09
Yeah, switch to AT&T or Verizon DSL that is not in Tallahassee, FL.  Grayson Peddie | 04/04/09
WiMax Works  springerj | 04/02/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belo  vince@... | 04/01/09
Thank the U.S. Goverment!  kcredden2 | 04/01/09
Again, these companies are not monopolies  Lerianis | 04/01/09
Not a monopoly in my area, and yet  Jack-Booted EULA | 04/01/09
Contracts  none none | 04/01/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  Col Mustard | 04/01/09
RIAA was going to strike deals with ISP's right?  moralesjl15@... | 04/02/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  Pyrotech_z | 04/02/09
Zombies!  MichP | 04/02/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  mikalucho@... | 04/02/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  vicgr5884 | 04/04/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  vicgr5884 | 04/04/09
Will this hold up in a court of law? Doubtful.  g-man_863 | 04/05/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  santonia | 04/06/09
RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us  grenet | 04/07/09

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