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You give up that right when you accept the TOS during guided setup.
If you decline the TOS then guided setup will not continue.

All listed at the very start of the TOS.

https://tivo.pactsafe.io/legal.html#user-agreement
No, no, no, you don't give up your right. It up to the judge to decide. These quick click e boiler plate click your rights crap is having a hard time in the Court.
 

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While during early phases things may be different, I would be surprised if the TiVo engineers are so stupid as to make it easy to use dnsbl or firewall blocks (or something equivalent) to block the ads if the intent is to deliver them.
I think we can question the assumption that TiVo, since it was bought by Rovi even has software engineers. Rovi descriptions have always been questioned. Guide data was assumed to be their strong point. Nothing of the sort has proven to true. No changes to their databases distribution. Expect that lipstick on a pig called, TE4, and I have said before, competent software engineers don't do computer design graphics, and UI pretty stuff is usually contracted out side a company once every few years. The same has been true with the TiVo itself. No evidence of technology improvements. Therefore, no evidence of software engineers being present who would be making those technical improvements if TiVo ever had made any over the years. There is evidence over the years that ever since Rovi bought TiVo that TiVo/Rovi has no computer engineers or we would have seen it first with databases description distribution and then with the TiVo itself. Real software engineering has never happen with TiVo since it was last bought
 

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Look no further than the new CEO they hired as proof that they are hell bent on making this an advertising and data mining (sell your data) play.
CEO position has been a revolving door of incompetence since Rovi bought TiVo. When that kind of constant revolving happens it points directly to the incompetence of TiVo' Board members. Someone needs to investigate TiVo's Board members for conflicts of interest and if found immediately remove them form the Board. Also, look for non quorum voting, absenteeism, proxy voting, remote voting over the phone or internet. Everything now points to the TiVo Board members not their sock puppet CEO hires. The TiVo Board must be personally name in any forthcoming class action suits. Rovi has demonstrated it is practicing predator capitalism from the beginning of their takeover and must be held accountable for corporate raiding and racketeering.
 

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They are two legal avenues to go against TiVo, but the argument about ads is the path for a corporation like ad sponsors.

But the easiest one is for the long term/short term TiVo customers in a class action suit to prove Rovi did not act in good faith, misrepresented themselves to the customer and is fact a corporate predator and not a tech company. Rovi couldn't graduate form a 6 grade computer class. This is why they go where real tech companies do not go because they can't go to real tech solutions because they are in reality a corporate predator. Rovi's behavior over the years has not produce any tech solutions to their problems. Why, because they don't know how, being a corporate predator. It is the only explanation that answers all the puzzling questions, the puzzling behavior about them over the years. Class action cases are the most successful when they are clear patterns of contradiction behavior. The bases for class action suits against Rovi going before a judge is not complicated given Rovi's patterns of behavior.
 

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I'm no lawyer but in reviewing the EULA posted here http://tivo.pactsafe.io/legal.html#user-agreement there are two paragraphs that indicate we'll have little chance at a class action lawsuit. The first is:

"TiVo reserves the right to discontinue previously offered features or functionality at its sole discretion and without prior notice. TiVo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any TiVo product or service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TiVo products without prior notice to you."

I read this and think it is pretty clear that they can do whatever the hell they want with the software. So those of us that love Live Guide - tough titty. Don't like spinning blue circles? You've got a better chance at suing them for causing dizziness looking at them vs. the fact that they added a feature that causes you to look at spinning blue circles.

Next up:

"With an All-In Plan, you receive those TiVo service features that we make generally available to all customers who have activated a TiVo service subscription for that same TiVo product, except as otherwise noted by TiVo. You may incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo service. In addition, TiVo reserves the right to subsequently release, and to charge separate amounts for, new features or functionality which are not made generally available to all customers who have activated TiVo service on a particular TiVo product."

It's not difficult to imagine that Tivo could just easily argue that instead of charging us for "new features and functionality" they reverted to ads so that they didn't have to ask us for more money. What are new features and functionality? Dunno but I suppose Hydra, Auto-skip may be examples.

I could not find the old Lifetime EULA or any earlier EULAs. This one is from last year. It might be interesting to review them.
Of course Rovi will defend themselves in this an other ways, like anyone who is trying to hide the truth, but their actions, repeated pattern of behavior fits a narrative that will show and tell the truth in Court in a class action suit in front of a judge. They can say they're a "ham sandwich," but they're going to have to prove it with so much questionable behavior to the contrary.

Once again, the ads inserted while others can be skipped is the broadcast/network lawsuit not ours.

Ours is a class action lawsuit showing that Rovi misrepresented themselves as a tech company to existing customers and future customers by hiding the true nature of the company as being predatory at the time of acquiring TiVo.
 

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I'm basing my comment on "ok, TiVo, you want to increase revenue" mentioned.
This is an amazing brain washing. Now, they got some of us slowly rationalizing that these ads are somehow acceptable with half-baked logic. Hey! Rovi, you want to increase revenue do it the right way! Improve your product!

But you can't because you have deceived us into believing you are a tech company. You are a predatory corporate raider that used the TiVo brand to hide behind. Your behavior is so obvious and disgusting to what TiVo once stood for and your failure is utterly laughable because you can't even make this disgraceful cheap money grab work because it involves some tech.
 

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How many times you feel it is necessary to repeat the same hyperbolic vitriol? If you could remain objective and rational, your arguments might carry some weight. As is it, I find you add nothing to the conversation, and I only point this out in the hopes that it might dissuade others from following your overemotional path.
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You hope to dissuade others from thinking about or starting a class action suit. The objective rational is that you solve a problem where it is and speak.
 

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My prediction is that in a couple of months TiVo folks will be saying "It's not that bad. A few extra button pushes wont matter. We can live with it because TiVo is the bestest DVR ever!".
Yes, this is exactly what current TiVo management and their drones want to happen. The slow drip, drip of its not that bad, everybody does it. They don't my friends. They make their product better, not worse.
 

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Not what the TiVo customer service reps. are doing and what TiVo_Ted has confirmed here, although opting out is not guaranteed for each customer, but depends on factors.
If that's the case, the story needs a correction. They do corrections all the time and I an others will look forward to reposting it with the corrections.
 

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Well, at the risk of continuing to go off-topic, let me explain further. TiVo's consumer business model has not evolved much in the 20+ years we've been selling DVR's. I can go into more detail in another thread, but mechanisms like targeted advertising, content delivery and premium services are all going to be needed in order for us to help bring down the out-of-pocket costs for consumers over time.
Hate to be the skunk at the "Rovi/TiVo feast", but did you guys ever try listening to the consumers and produce a better product, instead, just saying, you're not the iPhone, plenty of room still for real features that the customers want and is willing to pay for.
 
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