I will preface this comment by saying that I don't think Charlie is stupid enough to let this case reach the point of disabling the DVRs, and if it does reach that point, it won't last very long. But, with that said:
You bought the hardware, yes. You are licensing the software.
The DishNet Residential Customer Agreement, section 4A and 4H:
So DishNet has the right (and obligation, in case of any future court-ordered shutdown) to change the software or disable the DVR functionality in their licensed software.
Altering the software to disable the DVR functionality does not damage the hardware (unless they are dumb enough to accidentally overheat something with the new software).
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If the customer agreement holds up in court, then no. You would still be charged the ETF.
Section 4:
And Section 7:
From those sections, DishNet reserves the right to change the software on the receiver at any time, won't be responsible for any lost recordings or the ability to record, and "shall have no liability to you for any interruptions in Services".
So, if this DVR shutdown happens, you are still bound to the contract, because you agreed that they can change the software at any time and there is no escape clause based on a software alteration.
You still can't charge for services not rendered. Secondly it is considered fraud on Dishes part by not specificly informing new customers that there was a court case that could cause them to loose the DVR function. There is one thing that trumps everything. That is called the "implied warranty". If I sell you a car, it should transport you. If I sell you a stereo, it should play music. Etc... Etc.. So if I sell you a DVR, it should function. The arguement about the licensing not being paid for is moot for two reasons. First, by Dishes own words they charge you more for a dvr receiver. So licensing fees are taken in the sale of that receiver to the customer. At least that is how it is supposed to work. Are computers being shut down for not paying licensing fees? How many checks have we wrote to Microsoft, or Apple so we can use our computers year after year? I havn't wrote a dime. The licensing was figured into the price of the computer. I am not continueing to pay licensing in spite of the use on the internet. The DVR thing is the same. A customer pays a higher price for a functioning DVR as opposed to a standard receiver. How many DVRs would they sell telling people that they cost more but won't work? If people based their decision to go with Dish as opposed to Direct because of the DVR thing. Those people that subbed because of the DVR function would have a case to tell Dish to take their ETF and shove it. Implided warranty overcome many a small print. Have a great day!
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