Virtually Speaking

Dan Kusnetzky, Paula Rooney and Ken Hess

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

By | April 1, 2009, 6:43am PDT

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.

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Daniel Kusnetzky is a distinguished analyst and the founder of the Kusnetzky Group LLC.

Disclosure

Dan Kusnetzky

The Kusnetzky Group LLC is an independent technology industry research firm that focuses on system software, virtualization and cloud computing technology.

Dan's opinions are based upon research, personal experiences and actual use of technology. They are not based upon the relationships the company may or may not have with suppliers, end user organizations, the media, consultants or other analysts.

Dan's research is available on a subscription basis through the Kusnetzky Group LLC. Dan's attendance at industry events or at client meetings may be sponsored by the client. Clients may provide hardware or software for testing prior to the publication of analysis that includes that product. Clients may also provide shirts, jackets, coffee cups, folders, backpacks, pens and other event chotchkies. While nice, these don't effect Dan's opinions or insight about those clients or their products.

Biography

Dan Kusnetzky

Daniel Kusnetzky, Analyst and Founder of Kusnetzky Group LLC, is responsible for research, publications, and operations. Mr. Kusnetzky has been involved with information technology since the late 1970s. Mr. Kusnetzky has been responsible for research operations at the 451 Group; corporate and marketing strategy for Open-Xchange; system software and virtualization research at IDC; and program and product management at Digital Equipment Corporation.; Today, Mr. Kusnetzky focuses on system software, virtualization technology and cloud computing.

Talkback Most Recent of 63 Talkback(s)

  • Just reply, NO!
    One of our local newspaper writers responded to similar tactics from credit card companies by imposing HIS own set of rules on THEIR transactions to his account.
    You might try sending a similarly worded notice accepting their terms contingent on their acceptance of YOUR terms (what ever your little heart desires).
    ZDNet Gravatar
    kd5auq
    1st Apr 2009
  • Send Legal Dept, a major Consumer Affairs Reporter & Chairman open letter
    Send the Legal Department, a major Consumer Affairs Reporter at a national cable/TV network and Comcast's Chairman an open letter. (And by the way, you've written your next column ...)

    Despite their internal interpretation, a COURT looks at "the four corners of the document" and if the text is unambiguous it does not look further. Your interpretation IS correct. In law this is known as an "adhesion contract", i.e., "you're stuck with it--take it or leave it."

    Don't kid yourselves, folks, the specific wording is a compromise between a bunch of lawyers wanted and what Customer Relations and Marketing thinks would definitely raise too much ire. No one internally at the Legal Dept will honestly be saying, "It can be interpreted like THAT? We didn't realize!"
    ZDNet Gravatar
    Rick_R
    1st Apr 2009
  • RE: Outrageous Comcast updates to cutomer agreement - all your systems belong to us
    Well it will be a cold day in HELL if Comcast thinks they will have unrestricted access to plug stuff into my computer. However I see it like this - and it could be argued - I own my home network, plain and simple. My computer is attached to MY home network, with the cable modem (which I own - and apparently comcast could modify) provides the link to the outside world. Far as I'm concerned and would press with much legal might, they have no authority to step beyond my cable modem. Question being, if they "send code" to my cable modem - are they responsible if I get a brick? How is it proved? Thats the only thing I dont like - Comcast could push arbitrary/degraded firmware to devices remotely, causing them to brick and then say to the cx, its your modem - buy a new one.

    Comcast will be getting another letter to me. I wonder if this applies to commerical services? I'm switching off of the residential pipe.
    ZDNet Gravatar
    JT82
    1st Apr 2009
  • Yes, they are responsible if your modem bricks
    If they have actually tried to update a consumer's owned equipment. That's like if a person is replacing something on your car and you are paying them to do it: they are responsible if they F up and something breaks, and they have to replace the thing that breaks.... though usually any business that is doing something like that has insurance to pay for the very few occasions where a tech messes up such that something else like a radio or other electrical part gets hosed.
    ZDNet Gravatar
    Lerianis
    1st Apr 2009
  • My only issu then is...
    trying to prove that THEY bricked it. Hell its hard enough trying to get them to recognize that they are having a DHCP or DNS issue - even after i prove it to them. My thoughts are they'll say have a nice day and buy a new one or HEY rent ours for $5 bucks a month....
    ZDNet Gravatar
    JT82
    1st Apr 2009
  • That's a legitimate worry
    How are you going to prove that their 'update' to the modem broke it if it cooks the modem so bad that you cannot even get it to turn on for the memory to be read?

    That's the main reason why I REFUSE these kind of things in an agreement, and will not sign an agreement without blacking out things that I don't agree with, even on legal documents that I sign at a bank if I think they go to far. I tell the people "Fine, you don't want my business then and get up to leave"........ their tune usually changes VERY fast.
    ZDNet Gravatar
    Lerianis
    1st Apr 2009
  • Speaking of bricks...
    Maybe if enough of their customers tossed bricks thru their storefront or service vehicle windows, they would abstain from this ridiculous behaviour.

    :o)
    ZDNet Gravatar
    Jack-Booted EULA
    1st Apr 2009
  • Don't forget
    Don't forget to wrap a message around the brick.

    :o)
    ZDNet Gravatar
    Jack-Booted EULA
    1st Apr 2009
  • In honor of Ms. Mona Shaw...
    We all should offer a moment of silence. She DID have the balls to take a hammer to Comcast. happy
    ZDNet Gravatar
    JT82
    2nd Apr 2009
  • How does Comcrap stay in business???
    I thought it was just isolated that I had a problem with them and threatened to take my business elsewhere and they happily told me to go right ahead rather than trying to address the problem...which was SQUARELY their fault.

    I can't find a person that is happy with Comcrap. They all just HAVE to use their service for whatever reason. Anybody else that can be on anything else already is.
    ZDNet Gravatar
    storm14k
    1st Apr 2009
  • I had a similiar issue with another company,
    I expressed my concerns, the company threatened me, I reported them to the Better Business Bureau, still waiting for a response actually, being that it has been within the last week, I am sure it will be a few days.
    ZDNet Gravatar
    xXSpeedzXx
    1st Apr 2009
  • Simple, It's government granted monopoly
    you can do something about it by taking it to the legislators.
    ZDNet Gravatar
    Linux Geek
    1st Apr 2009
  • Comcast is not a government granted monopoly
    In fact for many years the government has been trying to bring more competition into the cable TV market.... but have failed because Comcast has a 'lock' on all the wires and charges unreasonable rates to use their wires.
    ZDNet Gravatar
    Lerianis
    1st Apr 2009
  • It is a government granted monopoly
    Just not federal. All the cities near me have exclusivity contracts with one provider.
    ZDNet Gravatar
    rpmyers1
    1st Apr 2009
  • re: Comcast is not a government granted monopoly
    Comcast has a 'lock' on all the wires

    "The wires" is the government-granted monopoly for which, incidentally, the taxpayer largely paid.









    happy
    ZDNet Gravatar
    none none
    1st Apr 2009

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