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barsoap , (edited )

Firstly, the terms and conditions screen is not “force”.

Threat of harm. Though “harm” is a bad translation think of it as evil as used in “the lesser evil”. “Do this or I’ll do the nasty” is considered coercion. Wilfully causing a traffic jam can be coercion – ask the climate protestors, they had to argue before court how their use of coercion wasn’t reprehensible (sentence 2). The reason that works is because they can quote a selfless motive, I very much doubt Roku manages to do that.

Also btw there’s an official translation, not that it’s any better at translating “Übel”, though.

Secondly, the television is not damaged by making you accept such conditions.

If a TV doesn’t TV then it’s damaged. It cannot fulfil its purpose of being a TV, any more. If it requires me to acquiesce to a nasty before it works, it’s functionally not a TV either because I have all right in the world to not tolerate nasty in any way whatsoever.

The software doesn’t work but you don’t own the software, you own the hardware.

Copyright, as in the right to sell the software, is a different thing than the use-rights in the software. By selling a TV that contains firmware, requires firmware to fulfil its purpose as a TV, you automatically license the shipped software to be used by the owner/operator of that device. Just as you’re required to deliver functioning hardware if you promise the consumer a TV, so are you required to deliver functioning software, if it should be necessary for the operation of the TV. If the license agreement says otherwise it’s void.

It’s important to distinguish this from computers, which are meant to run user-provided software. But especially as Rokus are (AFAIK) completely locked down and can’t run user-supplied software arguing that it’s a computer is bound to fail.

Thirdly, the terms and conditions originally agreed to allow this

If the terms and conditions allow me to break into your house and coerce you then those terms are void, and it’s still coercion.

Fourthly, and most importantly, you can just physically click the “agree” button to the terms and conditions to get back the functionality. The remedy is for a court to consider that agreement unenforceable.

Warranty would be another remedy (at least over here, we have mandatory warranty). Remedy being available doesn’t make something not coercion though, it just means that the attempt failed. But the attempt itself is punishable (sentence 3).


Now, granted, all that may not apply in the US. It really might be legal in the US. But it’s still not the duty of a citizen to know. If the FBI is tired of having to throw those cases into the bin then they’re free to ask the white house to try and get a law passed to make it illegal. Tons of laws are passed like that: It stands to reason that the executive, having to implement law, has some insight and inspiration to give to the legislature when it comes to which laws might be sensible.

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