Mike made a remark about how the information on Techdirt is free for the taking, but he often neglects the comments, which are not Techdirt's to give away. They're copyright by the authors.
Yes they are BUT by posting here you are giving Techdirt a Compilation Copyright on the full contents although the individual comments remain the property of the poster. Use of the text of the comment (aside from quoting it here in a reply) requires identifying the Site and the Poster (or use of the URL from the footer of the comment).
A contract is a meet of the minds. One party presents the contract to the other who then can either agree to it or make changes and present them to the original party. This alteration and passing back-and-forth process continues until the current receiving party agrees to the terms as they then read. Since a TOS is presented on a "Take It or Leave It" basis with no capability of the customer to alter the terms, this does not represent a valid contract even when the customer agrees to the offered terms. The term that allows the vendor to alter the terms after the fact makes the supposed contract even less valid.
They can still use your IPN to tell where you are and serve different location based ads. Just because I view via Hulu does not mean that I must get the same ad as another Hulu user.
The fact that a Handset with a GPS chip might not report its CURRENT location while in a building (since it can not receive a good signal) is a fake claim. The phone is tracking while it is outdoors and has a signal. When it loses the signal it can (and should) remember where it was when the signal was lost and report it along with an indication that it is not accurate due to no GPS signal at the current location. My auto GPS unit will report the location where it was when powered off while it is searching for an updated location/signal so why is a phone unable to do the same? IOW: Send the indication of "Signal Lost" (went into a building) or "Phone Powered Off" (if the user turned the phone off and just turned it on without a GPS signal to make the emergency call).
The difference between VoIP and Cell Phones is that the VoIP Box is in a fixed location (ignoring the issue of moving the Box to another location and tracking the move) so once the address is registered into a Database that is it.
For a Cell Phone's CURRENT location to be reported you need to triangulate via the towers it is talking to (the original method) and guess at the location OR require the customer to have a Handset that has a GPS capability built in. The GPS-in-Handsets has taken time and the triangulation method needed updating to the support at the tower.
That is assuming that the STB can not detect if the TV is turned on or not. I am not sure but it seems that this may be possible (measure the resistance on the Video Out feed?) so the STB MAY be able to tell if you are viewing or not. This, of course, does not apply to a DVR since if it is playing a recording, it is a good assumption that the TV is on and being viewed (unless you are feeding a VCR or DVD burner in lieu of a TV Set).
What is being talked about is not the portable GPS (such as Garmins, TomToms, and similar devices) but built-in GPS such as OnStar. With OnStar the car can transmit its location via the built-in Cellphone connection. One of the features that is documented is that if the car is stolen, they can call the car to locate it as well as monitor its location. Watch any show like CSI or NCIS and you will see them make use of this capability (and what they show is NOT that more enhanced than the actual capability).
All that is being talked about is being able to "Ping" the car and getting a readout of its current mileage (as opposed to constant monitoring).
I would call the Secret Service (who handles Fake Money issues in the US) and report Xerox since their color machines are supposed to be able to detect an attempt to copy money and refuse to do the copy (B&W machines are allowed to do the copy, BTW).
There is a legal concept called the "Right of First Sale" (see http://en.wikipedia.org/wiki/Right_of_first_sale) which may come into play here. Basically I can dispose-of/sell the item so long as I do not keep a copy (ie: I must sell the original media and must destroy any archived copies. Per the WikiPedia article there are disputes in different Federal Courts as to if Software qualifies.
Re: IE and Windows
The problem with the Preloaded IE was NOT that it was preloaded (so unless you knew enough to download your favorite browser you automatically used IE) but that Windows was designed so you NEEDED IE to run.
Yes, you could then use IE to download your choice of Browser and then declare it as THE BROWSER TO USE for browsing (demoting IE to only be used to support Windows but not browsing) but that leaves open the question of how to download the other browser in the first place (unless M$ placed installer copies of FF/etc. on the install disk and you used that installer to install your selected browser which would then auto-update to the current version).