Lifetime Service sales on eBay

[TiVo Troll]

From TiVo's website (http://www.tivo.com/2.9.1.3.asp):

This agreement explains the terms and conditions that will apply to your use of any TiVo® Service Gift Card purchased only from TiVo Inc. ("TiVo"), TiVo.com, or any TiVo authorized retailer (together "TiVo® Service Gift Cards") on or after November 15, 2006, and constitutes a legally binding agreement between you and TiVo. By purchasing the TiVo® Service Gift Card, you agree to all the terms and conditions in this agreement ("Agreement").

1. TiVo® Service Gift Card values do not expire. No fees will be charged against this card.

3. TiVo® Service Gift Cards are not redeemable for cash except in MA and MT (to the extent required) and as may be required by other state laws. TiVo® Service Gift Cards cannot be returned to authorized retailers if the PIN code is altered or scratched off. TiVo® Service Gift Cards are not transferable and may not be sold in any manner, including online auctions. Local and state taxes, as applicable, are payable by bearer.

Does the line about not being "sold in any manner, including online auctions" only apply to Gift Cards or Certificates sold after Nov. 15, 2006, or perhaps September 27, 2005 (http://www.tivo.com/2.9.1.2.112006.asp)?

It's against eBay's policy (http://pages.ebay.com/help/policies/gift.html) to sell Gift Cards valued at over $500.

Do eBay listings such as 320069104418 and 230075206397 comply with TiVo's rules? If TiVo truly was interested in minimizing TiVo related fraud it could take a proactive approach and inform eBay. Why are listings such as 160059970027 which offered Lifetime Service but not the TiVo box permitted?

[lessd]

From TiVo's website (http://www.tivo.com/2.9.1.3.asp):

This agreement explains the terms and conditions that will apply to your use of any TiVo® Service Gift Card purchased only from TiVo Inc. ("TiVo"), TiVo.com, or any TiVo authorized retailer (together "TiVo® Service Gift Cards") on or after November 15, 2006, and constitutes a legally binding agreement between you and TiVo. By purchasing the TiVo® Service Gift Card, you agree to all the terms and conditions in this agreement ("Agreement").

1. TiVo® Service Gift Card values do not expire. No fees will be charged against this card.

3. TiVo® Service Gift Cards are not redeemable for cash except in MA and MT (to the extent required) and as may be required by other state laws. TiVo® Service Gift Cards cannot be returned to authorized retailers if the PIN code is altered or scratched off. TiVo® Service Gift Cards are not transferable and may not be sold in any manner, including online auctions. Local and state taxes, as applicable, are payable by bearer.

Does the line about not being "sold in any manner, including online auctions" only apply to Gift Cards or Certificates sold after Nov. 15, 2006, or perhaps September 27, 2005 (http://www.tivo.com/2.9.1.2.112006.asp)?

It's against eBay's policy (http://pages.ebay.com/help/policies/gift.html) to sell Gift Cards valued at over $500.

Do eBay listings such as 320069104418 and 230075206397 comply with TiVo's rules? If TiVo truly was interested in minimizing TiVo related fraud it could take a proactive approach and inform eBay. Why are listings such as 160059970027 which offered Lifetime Service but not the TiVo box permitted?

The law in agreements may or may not hold up in court, if you own something and have the rights to it generally you can't be told what you can and can not do with your item. TiVo may not be able to stop gift cards sales and I do not know why they care. If I purchase a TiVo and a gift card as a gift that means I intend to transfer ownership to the person I am giving it to, but TiVo said its not transferable, that makes no sense. To hold up, agreements must be reasonable and not against public policy. After use the service purchased with the gift card may not be transferable as then TiVo has control.

How many people read the agreements that come with software, and then to really understand it they bring it to their lawyer, ya sure all the time.

People paying $700 for lifetime gift cards for a Series 3 are being taken for about $200 as Series 1 with lifetime can be had for about $300 + the $199 to TiVo will give you Series 3 Lifetime Service for about $500.