Comment DTH Operators = Evil? (Score 1) 197
The GPL may be enforceable, at least till Telstra continues to distribute the devices on outright sale. DTH operators, on the other hand, make their customers sign a contract that specifies that the Set Top Boxes / DVRs being provided are solely the property of the operator, and are being leased to the customer with minimal rights being transferred. Most of these devices use the Linux kernel and other GPL / open source tools to function.
In such a case, the operator may take a plea that by leasing the device, it is not Distributing the software, and therefore is not liable for compliance with GPL. This plea may be used even if there is no provision for return, replacement or repair of the device beyond its warranty period, and the payment made by the customer is equal to the market price for similar equipment.
I am not sure if the excuse mentioned by the operator is legally tenable (in whichever jurisdiction), but it sure does put a stop to many people's impulses to tweak and tinker.
Now, I have received a free HD DVR with my TV purchase, and I can't even try to hack it to do more or expose its guts. What a shame.