Comcast's New Terms of Service

[DDock]

Just got an email today with Comcast updating their terms of service. There are many questionable items listed.

 

Source: https://www.xfinity.com/Corporate/Customers/Policies/additionalterms.html?rid=3820064855&mid=20170726_AdHoc_CM_RSA

 

From Section 1: (Don't know why the have it listed in all caps)

Quote

YOU UNDERSTAND THAT YOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE OPENED, UPDATED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION, UPDATING OR REPAIR OF XFINITY INTERNET SERVICE.

 

NEITHER COMCAST NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.

 

I do not know why they would need access into your computers or other devices, and for some reason to "fix" your service they see fit to void the warranty of a device, they do not have to pay the penalty, you do. This is just outrageous to put some of this in a ToS for internet. "Sir, I need to open your TV to make sure it is compatible with our service."

 

Section 2 seems to allow Comcast (and in turn the TV agency's they own) to use any content you "publish, transmit, or distribute"  over their network without having to pay for it. We keep the rights, but are not able to stop them from using it.

Quote

By using XFINITY Internet to publish, transmit, or distribute material or content, you (1) warrant that the material or content complies with the provisions of this Agreement, (2) consent to and authorize Comcast, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization.

 

[The Sloth]

not proper news format 

[DDock]

5 minutes ago, nerdslayer1 said:

not proper news format 

Updated to be proper news format

[Misanthrope]

Rule 1) We make the rules, you obey

Rule 2) Rules are subject to whatever the fuck we want at any time

Rule 3) When in doubt, see 1) and 2)

[Brooksie359]

Honestly the second part sounds like you are interpreting it wrong. It's just saying that if you want to publish something online they need access to it. That is how the Internet kinda works.

[MageTank]

26 minutes ago, Brooksie359 said:

Honestly the second part sounds like you are interpreting it wrong. It's just saying that if you want to publish something online they need access to it. That is how the Internet kinda works.

He is. They cannot circumvent copyright laws with a ToS. The ToS above doesn't wave your rights of ownership, so they'd get a pretty hefty beatdown in a court. DMCA'd into oblivion would be the proper way to put it. Besides, most ToS's are not properly formatted to meet the requirements of "legally binding". I do want to point out, that @DDock conveniently left out a very important piece of information that drastically alters the context: 

Quote

Authorization. Comcast does not claim any ownership of any material that you publish, transmit or distribute using XFINITY Internet. By using XFINITY Internet to publish, transmit, or distribute material or content, you (1) warrant that the material or content complies with the provisions of this Agreement, (2) consent to and authorize Comcast, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using XFINITY Internet may be copied, republished or distributed by third parties, and you agree to indemnify, defend, and hold harmless Comcast, its agents, suppliers, and affiliates for any harm resulting from these actions.

As for the first part, it is indeed ambiguously worded in a way that could potentially be malevolent, but most "legal speak" is, and always will be, in favor of those that create it. Regardless, they still need your permission on-site in order to open/alter any of your hardware, and they cannot force you to, even if you agreed to this ToS beforehand. For the less than tech savvy, this might result in a scary situation someday, assuming they actually do act upon this in a literal way (which again, I doubt they'd need to physically open your computer case or TV, they are likely referring to modems/routers), it's still on the customer to request what is being done be properly explained to them. If they still do not understand, call in and have someone else attempt to explain it. If it still sounds fishy, refuse the service.